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16 U.S.C. § 410eeee–5Mineral lands

submitted 48 years ago by Pub. L. 95-625 to r/title-16-CONSERVATION · 220 words · no verdicts yet

in plain englishAI-generated · not legal advice

No one may strip-mine federal land in the national river where minerals underneath aren't federally owned. Underground mining needs the Secretary's approval and must barely affect enjoyment, surface, or the land itself. Timber cutting is banned except for safety or access, and mineral owners can sue for fair payment.

(a) Mining: No surface mining is ever allowed on federally owned land inside the national river's boundary where the government doesn't own the minerals underneath. Underground mining may be allowed, but only if all three things are true: (1) it won't significantly hurt the public's use and enjoyment of the national river; (2) it disturbs the smallest amount of surface needed to get the minerals out; and (3) it doesn't significantly disturb the surface — unless there's no other technologically workable way to do the mining. (b) Cutting timber: Cutting trees on federally owned land in the national river is banned, except when the Secretary needs to remove trees for river access, historic sites, primitive campgrounds, scenic views, or public health and safety. (c) Lawsuits: If an owner of mineral rights believes this section caused them a loss, they may sue — but only in a U.S. district court — to get fair payment. The court will award payment only if it finds that the loss counts as a "taking" of property under the Constitution.
the actual law source: uscode.house.gov ↗public domain
(a) Mining; prohibition and limitation

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) Timber harvesting

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) Civil action; jurisdiction; recovery

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.

Source credit: (Pub. L. 95–625, title XI, § 1105, Nov. 10, 1978, 92 Stat. 3546.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-625 · 92 Stat. 3546

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-625 on 1978-11-10.

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