16 U.S.C. § §410eeee–5. Mineral lands — §410eeee–5. Mineral lands

FEDERAL · 16 U.S.C. · Chapter SUBCHAPTER LIX–CCC—NEW RIVER GORGE NATIONAL PARK AND PRESERVE

§410eeee–5. Mineral lands

16 U.S.C. § §410eeee–5. Mineral lands

ChapterSUBCHAPTER LIX–CCC—NEW RIVER GORGE NATIONAL PARK AND PRESERVE

This text of 16 U.S.C. § §410eeee–5. Mineral lands (§410eeee–5. Mineral lands) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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16 U.S.C. § §410eeee–5. Mineral lands.

Text

(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

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(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

History

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

Editorial Notes

Editorial Notes

Codification
Section was formerly classified to section 460m–19 of this title.

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16 U.S.C. § §410eeee–5. Mineral lands, Counsel Stack Legal Research, https://law.counselstack.com/usc/16/§410eeee–5. Mineral lands.