§1281 Designation Procedures

Summary

The Secretary of the Interior can review federal lands in any state to decide if they should be kept off limits to mining of minerals other than coal. The Secretary must review an area if the state’s governor asks. Land can be called unsuitable if it is mainly urban or suburban and used for housing, or if mining would harm nearby residential areas. Any person with a possible interest can ask the Secretary to exclude or redesignate an area. That person must give facts and evidence, get a hearing, and receive a written decision. If a governor asks or the national interest requires it, the Secretary may temporarily stop mineral entry or leasing during the review, but that pause must end as soon as possible and cannot last more than two years. An area already being mined before the hearing cannot be designated off limits. Existing valid mining rights stay in place. Designation does not automatically stop future exploration, but exploration needs the surface owner’s written consent filed with the Secretary, and the Secretary can make rules to reduce harm. Before making a designation, the Secretary must prepare a detailed statement about the area's mineral resources, the demand for them, and the effects on the environment, economy, and supply. After that review, the Secretary may withdraw or limit mining if the benefits of protection outweigh the economic gains from mining. Anyone with a legal interest who participated and is harmed by the decision or by unreasonable delay can appeal to the U.S. district court where the land is located.