§1280 Federal Mining and Mineral Leasing Laws

Summary

Mining and mineral leasing laws still apply inside parts of the national wild and scenic rivers system, but they come with limits. If a river area was added under section 1274 or added later, any prospecting, mining, or other work on claims that were not finished before the area was included, and any mining under a lease, license, or permit issued or renewed after inclusion, must follow rules set by the Secretary of the Interior or, for national forest lands, the Secretary of Agriculture to protect the river. Also, unless someone already has valid rights, finishing a claim or getting a patent in the system only gives rights to the minerals and only the surface use reasonably needed for mining, and that use must follow those same rules. Minerals in Federal lands that are the bed or bank or are within one-quarter mile of the bank of any river designated a wild river are withdrawn from new mining claims and from mineral leasing, unless valid existing rights apply. Minerals in Federal lands that are the bed or bank or are within one-quarter mile of rivers listed in section 1276(a) are also withdrawn from the mining laws during the time periods in section 1278(b). That does not bar prospecting or issuing leases, licenses, or permits under mineral leasing laws if the Secretary of the Interior or, for national forest lands, the Secretary of Agriculture sets conditions to protect the area in case it is later added to the system. Finally, unless valid existing rights apply, public lands that are the bed or bank or are within two miles of the river channel on both sides for the river segments in paragraphs (77) through (88) of section 1276(a) are withdrawn from mining and leasing laws during the periods in section 1278(b).