§ 1280. — Federal mining and mineral leasing laws.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1280]
TITLE 16--CONSERVATION
CHAPTER 28--WILD AND SCENIC RIVERS
Sec. 1280. Federal mining and mineral leasing laws
(a) Applicability to components of system
Nothing in this chapter shall affect the applicability of the United
States mining and mineral leasing laws within components of the national
wild and scenic rivers system except that--
(i) all prospecting, mining operations, and all other activities
on mining claims which, in the case of a component of the system
designated in section 1274 of this title, have not heretofore been
perfected or which, in the case of a component hereafter designated
pursuant to this chapter or any other Act of Congress, are not
perfected before its inclusion in the system and all mining
operations and other activities under a mineral lease, license, or
permit issued or renewed after inclusion of a component in the
system shall be subject to such regulations as the Secretary of the
Interior or, in the case of national forest lands, the Secretary of
Agriculture may prescribe to effectuate the purposes of this
chapter;
(ii) subject to valid existing rights, the perfection of,
issuance of a patent to, any mining claim affecting lands within the
system shall confer or convey a right or title only to the mineral
deposits and such rights only to the use of the surface and the
surface resources as are reasonably required to carrying on
prospecting or mining operations and are consistent with such
regulations as may be prescribed by the Secretary of the Interior
or, in the case of national forest lands, by the Secretary of
Agriculture; and
(iii) subject to valid existing rights, the minerals in Federal
lands which are part of the system and constitute the bed or bank or
are situated within one-quarter mile of the bank of any river
designated a wild river under this chapter or any subsequent Act are
hereby withdrawn from all forms of appropriation under the mining
laws and from operation of the mineral leasing laws including, in
both cases, amendments thereto.
Regulations issued pursuant to paragraphs (i) and (ii) of this
subsection shall, among other things, provide safeguards against
pollution of the river involved and unnecessary impairment of the
scenery within the component in question.
(b) Withdrawal from appropriation of minerals in Federal river beds or
bank areas; prospecting, leases, licenses, and permits
The minerals in any Federal lands which constitute the bed or bank
or are situated within one-quarter mile of the bank of any river which
is listed in section 1276(a) of this title are hereby withdrawn from all
forms of appropriation under the mining laws during the periods
specified in section 1278(b) of this title. Nothing contained in this
subsection shall be construed to forbid prospecting or the issuance of
leases, licenses, and permits under the mineral leasing laws subject to
such conditions as the Secretary of the Interior and, in the case of
national forest lands, the Secretary of Agriculture find appropriate to
safeguard the area in the event it is subsequently included in the
system. Notwithstanding the foregoing provisions of this subsection or
any other provision of this chapter, all public lands which constitute
the bed or bank, or are within an area extending two miles from the bank
of the river channel on both sides of the river segments referred to in
paragraphs (77) through (88) of section 1276(a) of this title are hereby
withdrawn subject to valid existing rights, from all forms of
appropriation under the mining laws and from operation of the mineral
leasing laws including, in both cases, amendments thereto, during the
periods specified in section 1278(b) of this title.
(Pub. L. 90-542, Sec. 9, Oct. 2, 1968, 82 Stat. 915; Pub. L. 96-487,
title VI, Sec. 606(b), Dec. 2, 1980, 94 Stat. 2416; Pub. L. 99-590,
title V, Sec. 507, Oct. 30, 1986, 100 Stat. 3336.)
References in Text
The United States mineral leasing laws, referred to in text, are
classified generally to Title 30, Mineral Lands and Mining.
Amendments
1986--Subsec. (b). Pub. L. 99-590 substituted ``issuance of leases''
for ``issuance or leases''.
1980--Subsec. (b). Pub. L. 96-487 inserted provision withdrawing,
subject to valid existing rights, all public lands which constitute the
bed or bank, or are within an area extending two miles from the bank of
the river channel or both sides of the river segments referred to in
section 1276(a)(77) through (88) of this title, from all forms of
appropriations under the mining laws and operation of the mineral
leasing laws during the periods specified in section 1278(b) of this
title.
Section Referred to in Other Sections
This section is referred to in sections 1274, 1285b of this title.
