Title 16, ConservationRelease 119-110

§460jjj–2 Minerals and Mining

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER CXXI — JEMEZ NATIONAL RECREATIONAL AREA › § 460jjj–2

Last updated Sep 23, 2026|Official source

Summary

No patents for mining locations or claims inside the recreation area will be issued after May 30, 1991. If someone says they lost property rights because of that rule, they can sue the United States Claims Court for money damages. Such claims must be filed within 1 year after October 12, 1993, and the Claims Court has authority under section 1491 of title 28. After October 12, 1993, and except for valid existing rights, the lands are withdrawn from being claimed under the general mining laws and from mineral leasing, geothermal leasing, and mineral material disposal laws. Any mining that disturbs the surface or waters is allowed only under rules set by the Secretary, including reclaiming disturbed land to a condition as close as practical to how it looked and worked before mining. The Secretary of Agriculture must finish an expedited review of all unpatented claims within 3 years after October 12, 1993; if a claim is found invalid, it must be declared null and void. Mineral materials inside the area may be used for public needs (like roads or trails) if they fit the area's purposes.

Full Legal Text

Title 16, §460jjj–2

Conservation, Source: USLM XML via OLRC

(a)Limitation on patent issuance
(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 a claim against the United States within 1 year after October 12, 1993, seeking compensation for such property right. The United States Claims Court shall have jurisdiction to render judgment upon any such claim in accordance with section 1491 of title 28.
(b)Withdrawal
Subject to valid existing rights, after October 12, 1993, lands within the recreation area withdrawn from location under the general mining laws and from the operation of the mineral leasing, geothermal leasing, and mineral material disposal laws.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)Reclamation
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)Mining claim validity review
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)Public purposes
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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460jjj–2

Title 16, Conservation

Last Updated

Sep 23, 2026

Release point: 119-110