Yes, the entire subject of this short but confusing article is as important to the 1872 Mining Law as a single pinfeather to a whole chicken.
The point that you missed, is that this is a law that has been in force since 1872 (well over 100 years) and has been supported by three Supreme Court decisions (the first unanimous) and the policy of nine presidents before klinton.
The question is, why would a Republican President be trying to overturn 100 years of established law that protects individuals and companies from government?
And a good question it is!
CLIFFS SYNFUEL CORPORATIONCongress enacted the Mineral Leasing Act in 1920, which "completely changed the national policy over the disposition of oil shale lands." Hickel, 400 U.S. at 51. Thereafter, one could no longer simply explore the land, stake a claim and allege title in every situation. Rather, lands containing certain valuable mineral deposits, including oil shale, came within the dominion of the United States and could be offered to the public only through lease from the government.(1)
However, § 37 of the Act contained a "savings clause" which left intact those claims for oil shale which were already in existence as of February 25, 1920, so long as such claims were "thereafter maintained in compliance with the laws under which initiated . . . ." 30 U.S.C. § 193.
The Leasing Act provides in pertinent part:
The deposits of coal, phosphate, sodium, potassium, oil, oil shale, and gas, herein referred to, in lands valuable for such minerals, . . . shall be subject to disposition only in the form and manner provided in this chapter, [by lease only] . . . except as to valid claims existent on February 25, 1920, and thereafter maintained in compliance with the laws under which initiated, which claims may be perfected under such laws, including discovery.
Id.
Thus, if one had a claim that existed prior to February 25, 1920, the claimant would not be required to lease the claimed land from the government, but could perfect title to it so long as the claim was maintained pursuant to pre-1920 law. "Discovery of a 'valuable mineral' is not the only prerequisite of patentability. The mining law also provides that until a patent is issued a claimant must perform $100 worth of labor or make $100 of improvements on his claim during each year . . . ." Andrus, 446 U.S. at 658 n.1 (citing 30 U.S.C. §§ 28, 29).