CITE

    16 USC Sec. 460m-19                                         01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
    SUBCHAPTER LXXI-A - NEW RIVER GORGE NATIONAL RIVER

HEAD

    Sec. 460m-19. Mineral lands

STATUTE

    (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

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