§1281 Designation Procedures

Summary

The Secretary of the Interior must review federal land in a state if the governor asks, and may review other areas too, to decide if they should be made off-limits to mining for minerals other than coal. Land can be made off-limits if it is mostly urban or suburban and used for homes while the mineral rights are still owned by the government, or if mining would harm nearby residential areas. Anyone who could be hurt by mining can ask the Secretary to exclude an area or to change a prior decision. The person must give facts and evidence, get a hearing, and receive a written decision. While the review happens, the Secretary can temporarily stop mineral claims or leases in the area, but that temporary stop must end as soon as possible and cannot last more than two years. Mining that already started before the hearing cannot be blocked, and valid existing rights stay safe. Mineral exploration on land made off-limits is allowed only with written permission from the surface owner, filed with the Secretary, and the Secretary can make rules to limit harm. Before making a decision, the Secretary must prepare a detailed report on the area's mineral resources, the demand for them, and the effects on the environment, economy, and mineral supply. If the Secretary finds protecting the area brings greater benefits than mining would, the Secretary can withdraw the land from mineral entry or leasing or set limits. Anyone with a legal interest who joined the proceedings and is upset by the decision or by delay can appeal to the United States district court where the land is located.