PRIA, Government Policy, Made Personal

Summary

No patents for any mining location or claim in the recreation area will be issued after May 30, 1991. If someone thinks they lost a property right because of that, they may file a claim in the United States Claims Court within 1 year after October 12, 1993; that court can decide the claim under section 1491 of title 28. After October 12, 1993, and except for valid existing rights, lands in the area are withdrawn from location under the general mining laws and from mineral leasing, geothermal leasing, and mineral material disposal laws. No mining that disturbs the surface or causes subsidence is allowed unless the Secretary sets rules, including restoring lands as close as practical to their premining visual and water condition. The Secretary of Agriculture must finish, within 3 years after October 12, 1993, a fast review of all unpatented mining claims (including pending patent applications) in the area. If the Agriculture Secretary finds grounds for a contest, the Secretary of the Interior must immediately decide if the claim is valid and void any claim found invalid. The Secretary may use mineral materials from the area for public work like road and trail maintenance if that fits the recreation area's purposes.

Title 16, §460jjj–2

Conservation, Source: USLM XML via OLRC

(a)(1)Notwithstanding any other provision of law, no patents shall be issued after May 30, 1991, for any location or claim made in the recreation area under the mining laws of the United States.

(2)Notwithstanding any statute of limitations or similar restriction otherwise applicable, any party claiming to have been deprived of any property right by enactment of paragraph (1) may file in the United States Claims Court 11 See Change of Name note below. a claim against the United States within 1 year after October 12, 1993, seeking compensation for such property right. The United States Claims Court 1 shall have jurisdiction to render judgment upon any such claim in accordance with section 1491 of title 28.

(b)Subject to valid existing rights, after October 12, 1993, lands within the recreation area withdrawn from location under the general mining laws and from the operation of the mineral leasing, geothermal leasing, and mineral material disposal laws.

(c)No mining activity involving any surface disturbance of lands or waters within such area, including disturbance through subsidence, shall be permitted except in accordance with requirements imposed by the Secretary, including requirements for reasonable reclamation of disturbed lands to a visual and hydrological condition as close as practical to their premining condition.

(d)The Secretary of Agriculture shall undertake and complete within 3 years after October 12, 1993, an expedited program to examine all unpatented mining claims, including those for which a patent application has been filed, within the recreation area. Upon determination by the Secretary of Agriculture that the elements of a contest are present, the Secretary of the Interior shall immediately determine the validity of such claims. If a claim is determined to be invalid, the Secretary shall promptly declare the claim to be null and void.

(e)The Secretary may utilize mineral materials from within the recreation area for public purposes such as maintenance and construction of roads, trails, and facilities as long as such use is compatible with the purposes of the recreation area.

Statutory Notes and Related Subsidiaries

Change of Name

References to United States Claims Court deemed to refer to United States Court of Federal Claims, see section 902(b) of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

§460jjj–2 Minerals and Mining

Summary

Title 16, §460jjj–2

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

Citations & Metadata