Title 16, ConservationRelease 119-110

§1280 Federal Mining and Mineral Leasing Laws

Title 16 › CHAPTER 28 — WILD AND SCENIC RIVERS › § 1280

Last updated Sep 22, 2026|Official source

Summary

Mining and mineral leasing rules still apply inside parts of the National Wild and Scenic Rivers System, but with limits to protect the rivers. If a mining claim was not finished before an area became part of the system (or is later included), or if a lease, license, or permit is issued or renewed after inclusion, the activity must follow rules made by the Secretary of the Interior or, for national forests, the Secretary of Agriculture. A finished claim or issued patent only gives rights to the minerals and only the surface use needed for mining, and must follow those rules. Minerals in river beds or within one‑quarter mile of a wild river bank are withdrawn from mining and leasing laws. The rules must guard against river pollution and harm to scenery. For rivers listed in section 1276(a), minerals in beds or within one‑quarter mile of the bank are withdrawn during the times in section 1278(b). Prospecting and issuing leases or permits are still allowed, but they can have conditions to protect the area if it is later added to the system. For the river segments in paragraphs (77) through (88) of section 1276(a), public lands that are the bed or bank or within two miles of the bank on both sides are withdrawn, subject to valid existing rights, during the periods in section 1278(b).

Full Legal Text

Title 16, §1280

Conservation, Source: USLM XML via OLRC

(a)Applicability to components of system
Nothing in this chapter shall affect the applicability of the United States mining and mineral leasing laws within components of the national wild and scenic rivers system except that—
(i)all prospecting, mining operations, and other activities on mining claims which, in the case of a component of the system designated in section 1274 of this title, have not heretofore been perfected or which, in the case of a component hereafter designated pursuant to this chapter or any other Act of Congress, are not perfected before its inclusion in the system and all mining operations and other activities under a mineral lease, license, or permit issued or renewed after inclusion of a component in the system shall be subject to such regulations as the Secretary of the Interior or, in the case of national forest lands, the Secretary of Agriculture may prescribe to effectuate the purposes of this chapter;
(ii)subject to valid existing rights, the perfection of, or issuance of a patent to, any mining claim affecting lands within the system shall confer or convey a right or title only to the mineral deposits and such rights only to the use of the surface and the surface resources as are reasonably required to carrying on prospecting or mining operations and are consistent with such regulations as may be prescribed by the Secretary of the Interior or, in the case of national forest lands, by the Secretary of Agriculture; and
(iii)subject to valid existing rights, the minerals in Federal lands which are part of the system and constitute the bed or bank or are situated within one-quarter mile of the bank of any river designated a wild river under this chapter or any subsequent Act are hereby withdrawn from all forms of appropriation under the mining laws and from operation of the mineral leasing laws including, in both cases, amendments thereto.
Regulations issued pursuant to paragraphs (i) and (ii) of this subsection shall, among other things, provide safeguards against pollution of the river involved and unnecessary impairment of the scenery within the component in question.
(b)Withdrawal from appropriation of minerals in Federal river beds or bank areas; prospecting, leases, licenses, and permits
The minerals in any Federal lands which constitute the bed or bank or are situated within one-quarter mile of the bank of any river which is listed in section 1276(a) of this title are hereby withdrawn from all forms of appropriation under the mining laws during the periods specified in section 1278(b) of this title. Nothing contained in this subsection shall be construed to forbid prospecting or the issuance of leases, licenses, and permits under the mineral leasing laws subject to such conditions as the Secretary of the Interior and, in the case of national forest lands, the Secretary of Agriculture find appropriate to safeguard the area in the event it is subsequently included in the system. Notwithstanding the foregoing provisions of this subsection or any other provision of this chapter, all public lands which constitute the bed or bank, or are within an area extending two miles from the bank of the river channel on both sides of the river segments referred to in paragraphs (77) through (88) of section 1276(a) of this title are hereby withdrawn subject to valid existing rights, from all forms of appropriation under the mining laws and from operation of the mineral leasing laws including, in both cases, amendments thereto, during the periods specified in section 1278(b) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1986—Subsec. (b). Pub. L. 99–590 substituted “issuance of leases” for “issuance or leases”. 1980—Subsec. (b). Pub. L. 96–487 inserted provision withdrawing, subject to valid existing rights, all public lands which constitute the bed or bank, or are within an area extending two miles from the bank of the river channel or both sides of the river segments referred to in section 1276(a)(77) through (88) of this title, from all forms of appropriations under the mining laws and operation of the mineral leasing laws during the periods specified in section 1278(b) of this title.

Reference

Citations & Metadata

Citation

16 U.S.C. § 1280

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110