16-U.S.C.-460M-19

§460M-19 – §460M-19. Mineral Lands

Pathway

Title 16 > Chapter 1 > Subchapter LXXI-A > Section 460m-19

Details

• Reference: Section 460m-19
• Legend: §460M-19 – §460M-19. Mineral Lands
• USCode Year: 2013

Provision Content

(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.

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

U.S. Encyclopedia of Law Coverage

16-U.S.C.-460M-7 in the Legal Encyclopedia: Conservation

In this entry about 16-U.S.C.-460M-7, find legal reference material, bibliographies and premiere content related to conservation in the American Encyclopedia of Law, presenting a comprehensive view of the United States conservation-specific issues, written by authorities in the field.

16-U.S.C.-460H in the Legal Encyclopedia: Parks

In this entry about 16-U.S.C.-460H, find legal reference material, bibliographies and premiere content related to parks in the American Encyclopedia of Law, presenting a comprehensive view of the United States parks-specific issues, written by authorities in the field.

Topic Map

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