US (United States) Code. Title 16. Chapter 39: Mining activity within National Park System Areas

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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16 USC CHAPTER 39 - MINING ACTIVITY WITHIN NATIONAL PARK

SYSTEM AREAS 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 39 - MINING ACTIVITY WITHIN NATIONAL PARK SYSTEM AREAS

.

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CHAPTER 39 - MINING ACTIVITY WITHIN NATIONAL PARK SYSTEM AREAS

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Sec.

1901. Congressional findings and declaration of policy.

1902. Preservation and management of areas by Secretary of the

Interior; promulgation of regulations.

1903 to 1906. Omitted.

1907. Recordation of mining claims; publication of notice.

1908. Damage to natural and historical landmarks; procedures for

determination and enforcement of abatement of damaging

activities.

1909. Severability.

1910. Civil actions for just compensation by mining claim holders.

1911. Acquisition of land by Secretary.

1912. Financial disclosure by officer or employee of Secretary.

(a) Filing and availability of written statements;

contents.

(b) Enforcement procedures.

(c) Exemptions.

(d) Violation; penalty.

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CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 410aaa-48, 410aaa-59 of

this title.

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16 USC Sec. 1901 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 39 - MINING ACTIVITY WITHIN NATIONAL PARK SYSTEM AREAS

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Sec. 1901. Congressional findings and declaration of policy

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The Congress finds and declares that -

(a) the level of technology of mineral exploration and

development has changed radically in recent years and continued

application of the mining laws of the United States to those

areas of the National Park System to which it applies, conflicts

with the purposes for which they were established; and

(b) all mining operations in areas of the National Park System

should be conducted so as to prevent or minimize damage to the

environment and other resource values, and, in certain areas of

the National Park System, surface disturbance from mineral

development should be temporarily halted while Congress

determines whether or not to acquire any valid mineral rights

which may exist in such areas.

-SOURCE-

(Pub. L. 94-429, Sec. 1, Sept. 28, 1976, 90 Stat. 1342.)

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SHORT TITLE

Pub. L. 94-429, which enacted this chapter, amended sections 123

and 450y-2 of this title, and repealed sections 350, 350a, 447, and

450z of this title, is popularly known as the ''Mining in the Parks

Act''.

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16 USC Sec. 1902 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 39 - MINING ACTIVITY WITHIN NATIONAL PARK SYSTEM AREAS

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Sec. 1902. Preservation and management of areas by Secretary of the

Interior; promulgation of regulations

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In order to preserve for the benefit of present and future

generations the pristine beauty of areas of the National Park

System, and to further the purposes of sections 1, and 2 to 4 of

this title, as amended, and the individual organic Acts for the

various areas of the National Park System, all activities resulting

from the exercise of valid existing mineral rights on patented or

unpatented mining claims within any area of the National Park

System shall be subject to such regulations prescribed by the

Secretary of the Interior as he deems necessary or desirable for

the preservation and management of those areas.

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(Pub. L. 94-429, Sec. 2, Sept. 28, 1976, 90 Stat. 1342.)

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16 USC Sec. 1903 to 1906 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 39 - MINING ACTIVITY WITHIN NATIONAL PARK SYSTEM AREAS

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Sec. 1903 to 1906. Omitted

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CODIFICATION

Section 1903, Pub. L. 94-429, Sec. 4, Sept. 28, 1976, 90 Stat.

1343, provided for a 4-year cessation of certain mining operations

within the boundaries of Death Valley National Monument, Mount

McKinley National Park, and Organ Pipe Cactus National Monument,

subject to exceptions.

Section 1904, Pub. L. 94-429, Sec. 5, Sept. 28, 1976, 90 Stat.

1343, provided for inapplicability of requirements for annual

expenditures on mining claims to mining operations during the

4-year period under section 1903.

Section 1905, Pub. L. 94-429, Sec. 6, Sept. 28, 1976, 90 Stat.

1343, provided that within 2 years the Secretary of the Interior

determine the validity of unpatented mining claims within Glacier

Bay National Monument, Death Valley and Organ Pipe Cactus National

Monuments and Mount McKinley National Park, submit to Congress

recommendations for acquisition of valid claims, and study and

submit to Congress recommendations for modifications of existing

boundaries of the Death Valley Monument and the Glacier Bay

National Monument.

Section 1906, Pub. L. 94-429, Sec. 7, Sept. 28, 1976, 90 Stat.

1343, provided that within 4 years the Secretary determine the

validity of unpatented mining claims within Crater Lake National

Park, Coronado National Memorial, and Glacier Bay National

Monument, and submit to Congress recommendations for acquisition of

valid claims.

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16 USC Sec. 1907 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 39 - MINING ACTIVITY WITHIN NATIONAL PARK SYSTEM AREAS

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Sec. 1907. Recordation of mining claims; publication of notice

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All mining claims under the Mining Law of 1872, as amended and

supplemented (30 U.S.C. chapters 2, 12A, and 16 and sections 161

and 162) which lie within the boundaries of units of the National

Park System shall be recorded with the Secretary of the Interior

within one year after September 28, 1976. Any mining claim not so

recorded shall be conclusively presumed to be abandoned and shall

be void. Such recordation will not render valid any claim which

was not valid on September 28, 1976, or which becomes invalid

thereafter. Within thirty days following September 28, 1976, the

Secretary shall publish notice of the requirement for such

recordation in the Federal Register. He shall also publish similar

notices in newspapers of general circulation in the areas adjacent

to those units of the National Park System listed in section 3 of

this Act.

-SOURCE-

(Pub. L. 94-429, Sec. 8, Sept. 28, 1976, 90 Stat. 1343.)

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REFERENCES IN TEXT

Section 3 of this Act, referred to in text, is section 3 of Pub.

L. 94-429, which amended sections 123 and 450y-2 of this title;

repealed sections 350, 350a, 447, and 450z of this title; and

repealed act June 22, 1936 (49 Stat. 1817) which was not classified

to the Code. The units of the National Park System listed in such

section 3 are: Crater Lake National Park, Mount McKinley National

Park, Death Valley National Monument, Glacier Bay National

Monument, Coronado National Memorial, and Organ Pipe Cactus

National Monument.

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16 USC Sec. 1908 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 39 - MINING ACTIVITY WITHIN NATIONAL PARK SYSTEM AREAS

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Sec. 1908. Damage to natural and historical landmarks; procedures

for determination and enforcement of abatement of damaging

activities

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(a) Whenever the Secretary of the Interior finds on his own

motion or upon being notified in writing by an appropriate

scientific, historical, or archeological authority, that a

district, site, building, structure, or object which has been found

to be nationally significant in illustrating natural history or the

history of the United States and which has been designated as a

natural or historical landmark may be irreparably lost or destroyed

in whole or in part by any surface mining activity, including

exploration for or removal or production of minerals or materials,

he shall notify the person conducting such activity and submit a

report thereon, including the basis for his finding that such

activity may cause irreparable loss or destruction of a national

landmark, to the Advisory Council on Historic Preservation, with a

request for advice of the Council as to alternative measures that

may be taken by the United States to mitigate or abate such

activity.

(b) Omitted

-SOURCE-

(Pub. L. 94-429, Sec. 9, Sept. 28, 1976, 90 Stat. 1343.)

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CODIFICATION

Subsec. (b) provided that within 2 years the Advisory Council on

Historic Preservation report to Congress on effect on surface

mining activities on natural and historical landmarks, including

recommendations for protective legislation.

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16 USC Sec. 1909 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 39 - MINING ACTIVITY WITHIN NATIONAL PARK SYSTEM AREAS

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Sec. 1909. Severability

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If any provision of this chapter is declared to be invalid, such

declaration shall not affect the validity of any other provision

herein.

-SOURCE-

(Pub. L. 94-429, Sec. 10, Sept. 28, 1976, 90 Stat. 1344.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 94-429, which, in addition to enacting this

chapter, amended sections 123 and 450y-2 of this title, and

repealed sections 350, 350a, 447, and 450z of this title.

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16 USC Sec. 1910 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 39 - MINING ACTIVITY WITHIN NATIONAL PARK SYSTEM AREAS

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Sec. 1910. Civil actions for just compensation by mining claim

holders

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The holder of any patented or unpatented mining claim subject to

this chapter who believes he has suffered a loss by operation of

this chapter, or by orders or regulations issued pursuant thereto,

may bring an action 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. 94-429, Sec. 11, Sept. 28, 1976, 90 Stat. 1344; Pub. L.

98-620, title IV, Sec. 402(21), Nov. 8, 1984, 98 Stat. 3358.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 94-429, which, in addition to enacting this

chapter, amended sections 123 and 450y-2 of this title, and

repealed sections 350, 350a, 447, and 450z of this title.

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AMENDMENTS

1984 - Pub. L. 98-620 struck out provision which required the

court to expedite its consideration of any claim brought pursuant

to this section.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

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16 USC Sec. 1911 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 39 - MINING ACTIVITY WITHIN NATIONAL PARK SYSTEM AREAS

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Sec. 1911. Acquisition of land by Secretary

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Nothing in this chapter shall be construed to limit the authority

of the Secretary to acquire lands and interests in lands within the

boundaries of any unit of the National Park System. The Secretary

is to give prompt and careful consideration to any offer made by

the owner of any valid right or other property within the areas

named in section 1905 of this title to sell such right or other

property, if such owner notifies the Secretary that the continued

ownership of such right or property is causing, or would result in,

undue hardship.

-SOURCE-

(Pub. L. 94-429, Sec. 12, Sept. 28, 1976, 90 Stat. 1344.)

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REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 94-429, which, in addition to enacting this

chapter, amended sections 123 and 450y-2 of this title, and

repealed sections 350, 350a, 447, and 450z of this title.

Section 1905 of this title, referred to in text, was omitted from

the Code.

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16 USC Sec. 1912 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 39 - MINING ACTIVITY WITHIN NATIONAL PARK SYSTEM AREAS

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Sec. 1912. Financial disclosure by officer or employee of Secretary

-STATUTE-

(a) Filing and availability of written statements; contents

Each officer or employee of the Secretary of the Interior who -

(1) performs any function or duty under this Act, or any Acts

amended by this Act concerning the regulation of mining within

the National Park System; and

(2) has any known financial interest (A) in any person subject

to such Acts, or (B) in any person who holds a mining claim

within the boundaries of units of the National Park System;

shall, beginning on February 1, 1977, annually file with the

Secretary a written statement concerning all such interests held by

such officer or employee during the preceding calendar year. Such

statement shall be available to the public.

(b) Enforcement procedures

The Secretary shall -

(1) act within ninety days after September 28, 1976 -

(A) to define the term ''known financial interest'' for

purposes of subsection (a) of this section; and

(B) to establish the methods by which the requirement to file

written statements specified in subsection (a) of this section

will be monitored and enforced, including appropriate

provisions for the filing by such officers and employees of

such statements and the review by the Secretary of such

statements; and

(2) report to the Congress on June 1 of each calendar year with

respect to such disclosures and the actions taken in regard

thereto during the preceding calendar year.

(c) Exemptions

In the rules prescribed in subsection (b) of this section, the

Secretary may identify specific positions within such agency which

are of a nonregulatory or nonpolicymaking nature and provide that

officers or employees occupying such positions shall be exempt from

the requirements of this section.

(d) Violation; penalty

Any officer or employee who is subject to, and knowingly

violates, this section or any regulation issued thereunder, shall

be fined not more than $2,500 or imprisoned not more than one year,

or both.

-SOURCE-

(Pub. L. 94-429, Sec. 13, Sept. 28, 1976, 90 Stat. 1344.)

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REFERENCES IN TEXT

This Act, referred to in subsec. (a)(1), is Pub. L. 94-429, which

enacted this chapter, amended sections 123 and 450y-2 of this

title, and repealed sections 350, 350a, 447, and 450z of this

title. For complete classification of this Act to the Code, see

Tables.

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TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (b)(2) of this section, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance, and page 110 of House Document No. 103-7.

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