§ 460m-19. — Mineral lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460m-19]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXI-A--NEW RIVER GORGE NATIONAL RIVER
Sec. 460m-19. Mineral lands
(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, Sec. 1105, Nov. 10, 1978, 92 Stat. 3546.)
