Title 16, ConservationRelease 119-73not60

§410eeee–5 Mineral Lands

Title 16 › Chapter 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter LIX–CCC— NEW RIVER GORGE NATIONAL PARK AND PRESERVE › § 410eeee–5

Last updated Apr 5, 2026|Official source

Summary

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.

Full Legal Text

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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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

Reference

Citations & Metadata

Citation

16 U.S.C. § 410eeee–5

Title 16, Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60