1872 Mining Act

Congress passed the 1872 Mining Act which further extended prior mining laws to allow for prospectors to drop stakes on any public federal property which was not designated for specific use (e.g. the White House lawn or National Parks would not be allowed as a place to stake claim for mining today).

The 1868 Fort Laramie Treaty, while recognizing the territories of the Sioux, had set aside several areas of land which were recognized as being for no specific use, although the rights of individual Sioux to use those lands as hunting grounds and homes was allowed for.

Because of that definition, the 1872 Congressional Mining Act encouraged pressure from prospectors to begin staking claims and mining in the Black Hills.