Perils of project development on public land open to mining

Conducting a government project on public land open to the general mining laws can result in added costs, legal entanglements, schedule uncertainties, and the potential for unanticipated safety issues and concerns due to interactions with mining claimants. Planning for such projects must include a careful assessment of not only land access needs and restrictions, but also possible scenarios for conflict with activities authorized under the general mining laws throughout the life of the project. It is essential to have a thorough knowledge of the applicable mining laws and how they are currently being interpreted and applied by the responsible regulatory authorities and land managers. The Yucca Mountain Project approach to land access, problems encountered with mining claims filed under the Mining Law of 1872, and the lessons learned from these experiences are discussed in this paper