Title 16 › Chapter 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter LIX–CCC— NEW RIVER GORGE NATIONAL PARK AND PRESERVE › § 410eeee–5
Surface mining is banned on federal land inside the national river boundary when someone else owns the minerals under the ground. Underground mining may be allowed by the Secretary only if it does not significantly harm the public’s use and enjoyment of the river, disturbs as little surface as possible, and does not noticeably damage the surface unless no technology can avoid it. Cutting trees on these federal lands is not allowed except when the Secretary needs to remove trees for river access, historic sites, primitive campsites, scenic views, or for public health and safety. If an owner of the mineral rights thinks these limits caused a loss, they can sue only in a United States district court for just compensation. The court must award compensation if it finds a constitutional taking.
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Conservation, Source: USLM XML via OLRC
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Citation
16 U.S.C. § 410eeee–5
Title 16, Conservation
Last Updated
Apr 5, 2026
Release point: 119-73not60