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16 U.S.C. § 460jjj–2Minerals and mining

submitted 33 years ago by Pub. L. 103-104 to r/title-16-CONSERVATION · 348 words · no verdicts yet

in plain englishAI-generated · not legal advice

The federal government stopped issuing new mining patents in this recreation area after May 30, 1991. Existing mining claims get withdrawn from future mining laws and reviewed for validity. Mining is allowed only with strict reclamation rules, and materials may sometimes be used for public projects.

(a) Limitation on patent issuance - (1) No one can get a mining patent for land in the recreation area after May 30, 1991, no matter what other law says. (2) If someone believes this rule took away a property right they had, they can sue the United States in the Court of Federal Claims within 1 year after October 12, 1993, even if a normal deadline would have already passed. That court can decide the case under section 1491 of title 28. (b) Withdrawal - Except for valid existing rights, after October 12, 1993, land in the recreation area is off-limits to new mining claims and to mineral leasing, geothermal leasing, and mineral-material sales. (c) Reclamation - No mining that disturbs the surface - including disturbance from land sinking - is allowed unless it follows the Secretary's rules, including rules to restore the land to close to its original look and water condition. (d) Mining claim validity review - Within 3 years of October 12, 1993, the Secretary of Agriculture must examine all unpatented mining claims in the area, including any with a pending patent application. If the Secretary of Agriculture finds grounds to challenge a claim, the Secretary of the Interior must decide right away whether the claim is valid. An invalid claim must be promptly declared void. (e) Public purposes - The Secretary may use mineral materials found in the area for public purposes, such as building or maintaining roads, trails, and facilities.
the actual law source: uscode.house.gov ↗public domain
(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 1 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) 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.

Source credit: (Pub. L. 103–104, § 3, Oct. 12, 1993, 107 Stat. 1028.)

history & why it existsrecord from the source credit
  • 1993Enacted · Pub. L. 103-104 · 107 Stat. 1028

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-104 on 1993-10-12.

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