Title 16ConservationRelease 119-73

§410aaa–49 Study as to validity of mining claims

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LIX–Y— - CALIFORNIA DESERT LANDS PARKS, PRESERVE, AND OFF-HIGHWAY VEHICLE RECREATION AREAS › Part Part C— - Mojave National Preserve › § 410aaa–49

Last updated Apr 6, 2026|Official source

Summary

The Secretary must not approve any plan of operation until they determine whether the unpatented mining claims, mill sites, and tunnel sites inside the preserve are valid. The Secretary must send Congress recommendations about whether the United States should buy any valid or patented claims, include estimated purchase costs, and describe the environmental effects of mining those lands. Even if other laws say otherwise, the Secretary must let the holders of certain Volco mining claims listed on BLM records (CAMC 105446; 105447; 80155; 80156; 170259; 170260; 78405; 78404; 78403; 78332) continue exploration and development for two years after October 31, 1994, under the same rules that applied the day before October 31, 1994. At the end of that time, or sooner if requested, the Secretary must decide if valuable minerals were found and whether the claims would have been valid on July 1, 1994. If the answer is yes, the holders may keep operating under the July 1, 1994 rules for valid patented mining claims in a National Park System unit.

Full Legal Text

Title 16, §410aaa–49

Conservation — Source: USLM XML via OLRC

(a)The Secretary shall not approve any plan of operation prior to determining the validity of the unpatented mining claims, mill sites, and tunnel sites affected by such plan within the preserve and shall submit to Congress recommendations as to whether any valid or patented claims should be acquired by the United States, including the estimated acquisition costs of such claims, and a discussion of the environmental consequences of the extraction of minerals from these lands.
(b)(1)Notwithstanding any other provision of law, the Secretary shall permit the holder or holders of mining claims identified on the records of the Bureau of Land Management as Volco #A CAMC 105446, Volco #B CAMC 105447, Volco 1 CAMC 80155, Volco 2 CAMC 80156, Volco 3 CAMC 170259, Volco 4 CAMC 170260, Volco 5 CAMC 78405, Volco 6 CAMC 78404, and Volco 7 CAMC 78403, Volco Placer 78332, to continue exploration and development activities on such claims for a period of two years after October 31, 1994, subject to the same regulations as applied to such activities on such claims on the day before October 31, 1994.
(2)At the end of the period specified in paragraph (1), or sooner if so requested by the holder or holders of the claims specified in such paragraph, the Secretary shall determine whether there has been a discovery of valuable minerals on such claims and whether, if such discovery had been made on or before July 1, 1994, such claims would have been valid as of such date under the mining laws of the United States in effect on such date.
(3)If the Secretary, pursuant to paragraph (2), makes an affirmative determination concerning the claims specified in paragraph (1), the holder or holders of such claims shall be permitted to continue to operate such claims subject only to such regulations as applied on July 1, 1994 to the exercise of valid existing rights on patented mining claims within a unit of the National Park System.

Reference

Citations & Metadata

Citation

16 U.S.C. § 410aaa–49

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73