16 U.S.C. § 410eeee–5: Mineral lands

Summary

No surface mining is allowed on federal land inside the national river boundary when the underground mineral rights belong to someone else. Underground mining can be allowed by the Secretary only if it won’t significantly harm public use and enjoyment, only the smallest amount of surface is disturbed, and the surface isn’t seriously altered unless no technology can avoid that. Cutting timber on those federal lands is banned except when needed for river access, historic sites, primitive campgrounds, scenic views, or public health and safety. An owner of the mineral rights who feels they lost value can sue only in U.S. district court for compensation. The court must award payment if it finds a compensable taking under the Constitution.

Title 16, §410eeee–5

Conservation, Source: USLM XML via OLRC

(a)Mining; prohibition and limitation

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)Timber harvesting

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)Civil action; jurisdiction; recovery

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

Citations & Metadata