§410eeee–5 — Title 16 Conservation | U.S. Code

Summary

No surface mining is allowed on federally owned land inside the national river when the minerals under that land are privately owned. The federal official in charge may allow only underground mining, and only if it does not harm public use or enjoyment of the river, uses the least amount of surface needed, and does not significantly disturb the surface unless no workable alternative exists. Cutting trees on those federal lands is banned except when needed for river access, historic places, simple campgrounds, scenic views, or public health and safety. A person who owns the mineral rights and believes they lost value because of these rules can sue only in a U.S. district court for payment. The court will order payment only if it finds the loss is a compensable taking under the Constitution.

Title 16, §410eeee–5

Conservation — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, no surface mining of any kind shall be permitted on federally owned lands within the boundary of the national river where the subsurface estate is not federally owned. Underground mining on such lands may be permitted by the Secretary only if—

(1)the mining operation will have no significant adverse impact on the public use and enjoyment of the national river;

(2)the mining operation will disturb the minimum amount of surface necessary to extract the mineral; and

(3)the surface is not significantly disturbed, unless there is no technologically feasible alternative.

(b)The harvesting of timber on federally owned lands within the national river boundary is prohibited, except insofar as it is necessary for the Secretary to remove trees for river access, historic sites, primitive campgrounds, scenic vistas, or as may be necessary from time to time for reasons of public health and safety.

(c)The owner of a mineral estate subject to this section who believes he has suffered a loss by operation of this section, may bring an action only in a United States district court to recover just compensation, which shall be awarded if the court finds that such loss constitutes a taking of property compensable under the Constitution.

Editorial Notes

Codification Section was formerly classified to section 460m–19 of this title.

§410eeee–5 Mineral lands

Summary

Title 16, §410eeee–5

Notes & Related Subsidiaries

Editorial Notes

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