16 U.S.C. § 1280 — Federal mining and mineral leasing laws

Page 1750 TITLE 16—CONSERVATION § 1279 § 1279. Withdrawal of public lands from entry, sale, or other disposition under public land laws (a) Lands within authorized boundaries of com- ponents of system All public lands within the authorized bound- aries of any component of the national wild and scenic rivers system which is designated in sec- tion 1274 of this title or which is designated after October 2, 1968, for inclusion in that sys- tem are hereby withdrawn from entry, sale, or other disposition under the public land laws of the United States. This subsection shall not be construed to limit the authorities granted in section 1277(d) or section 1285a of this title. (b) Lands constituting bed or bank of river; lands within bank area All public lands which constitute the bed or bank, or are within one-quarter mile of the bank, of any river which is listed in section 1276(a) of this title are hereby withdrawn from entry, sale, or other disposition under the public land laws of the United States for the periods specified in section 1278(b) of this title. Notwith- standing the foregoing provisions of this sub- section or any other provision of this chapter, subject only to valid existing rights, including valid Native selection rights under the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], 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sides of the river segments referred to in para- graphs (77) through (88) of section 1276(a) of this title are hereby withdrawn from entry, sale, State selection or other disposition under the public land laws of the United States for the pe- riods specified in section 1278(b) of this title. (Pub. L. 90–542, § 8, Oct. 2, 1968, 82 Stat. 915; Pub. L. 96–487, title VI, § 606(c), Dec. 2, 1980, 94 Stat. 2417; Pub. L. 99–590, title V, § 506, Oct. 30, 1986, 100 Stat. 3336.) Editorial Notes REFERENCES IN TEXT The public land laws of the United States, referred to in text, are classified generally to Title 43, Public Lands. The Alaska Native Claims Settlement Act, referred to in subsec. (b), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. AMENDMENTS 1986—Subsec. (a). Pub. L. 99–590 inserted provisions relating to construction of subsec. (a) with respect to authorities granted in section 1277(d) or 1285a of this title. 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 on both sides of the river segments referred to in section 1276(a)(77) through (88) of this title, from entry, sale, State selection or other disposition under the public land laws for periods specified in section 1278(b) of this title. § 1280. Federal mining and mineral leasing laws (a) Applicability to components of system Nothing in this chapter shall affect the appli- cability of the United States mining and min- eral leasing laws within components of the na- tional wild and scenic rivers system except that— (i) all prospecting, mining operations, and other activities on mining claims which, in the case of a component of the system des- ignated 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 Inte- rior or, in the case of national forest lands, the Secretary of Agriculture may prescribe to ef- fectuate the purposes of this chapter; (ii) subject to valid existing rights, the per- fection of, or issuance of a patent to, any min- ing 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 re- sources 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 min- erals 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 ques- tion. (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 con- stitute 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 sub- ject 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 subse- quently included in the system. Notwith- Page 1751 TITLE 16—CONSERVATION § 1281 standing the foregoing provisions of this sub- section 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, amend- ments thereto, during the periods specified in section 1278(b) of this title. (Pub. L. 90–542, § 9, Oct. 2, 1968, 82 Stat. 915; Pub. L. 96–487, title VI, § 606(b), Dec. 2, 1980, 94 Stat. 2416; Pub. L. 99–590, title V, § 507, Oct. 30, 1986, 100 Stat. 3336.) Editorial Notes 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 op- eration of the mineral leasing laws during the periods specified in section 1278(b) of this title. § 1281. Administration (a) Public use and enjoyment of components; protection of features; management plans Each component of the national wild and sce- nic rivers system shall be administered in such manner as to protect and enhance the values which caused it to be included in said system without, insofar as is consistent therewith, lim- iting other uses that do not substantially inter- fere with public use and enjoyment of these val- ues. In such administration primary emphasis shall be given to protecting its esthetic, scenic, historic, archeologic, and scientific features. Management plans for any such component may establish varying degrees of intensity for its protection and development, based on the spe- cial attributes of the area. (b) Wilderness areas Any portion of a component of the national wild and scenic rivers system that is within the national wilderness preservation system, as es- tablished by or pursuant to the Wilderness Act [16 U.S.C. 1131 et seq.], shall be subject to the provisions of both the Wilderness Act and this chapter with respect to preservation of such river and its immediate environment, and in case of conflict between the provisions of the Wilderness Act and this chapter the more re- strictive provisions shall apply. (c) Areas administered by National Park Service and Fish and Wildlife Service Any component of the national wild and sce- nic rivers system that is administered by the Secretary of the Interior through the National Park Service shall become a part of the national park system, and any such component that is administered by the Secretary through the Fish and Wildlife Service shall become a part of the national wildlife refuge system. The lands in- volved shall be subject to the provisions of this chapter and the Acts under which the national park system or national wildlife system, as the case may be, is administered, and in case of con- flict between the provisions of this chapter and such Acts, the more restrictive provisions shall apply. The Secretary of the Interior, in his ad- ministration of any component of the national wild and scenic rivers system, may utilize such general statutory authorities relating to areas of the national park system and such general statutory authorities otherwise available to him for recreation and preservation purposes and for the conservation and management of natural re- sources as he deems appropriate to carry out the purposes of this chapter. (d) Statutory authorities relating to national for- ests The Secretary of Agriculture, in his adminis- tration of any component of the national wild and scenic rivers system area, may utilize the general statutory authorities relating to the na- tional forests in such manner as he deems appro- priate to carry out the purposes of this chapter. (e) Cooperative agreements with State and local governments The Federal agency charged with the adminis- tration of any component of the national wild and scenic rivers system may enter into written cooperative agreements with the Governor of a State, the head of any State agency, or the ap- propriate official of a political subdivision of a State for State or local governmental participa- tion in the administration of the component. The States and their political subdivisions shall be encouraged to cooperate in the planning and administration of components of the system which include or adjoin State- or county-owned lands. (Pub. L. 90–542, § 10, Oct. 2, 1968, 82 Stat. 916.) Editorial Notes REFERENCES IN TEXT The Wilderness Act, referred to in subsec. (a), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. The Acts under which the national park system and the national wildlife system are administered, referred to in subsec. (c), are classified generally to this title. CODIFICATION The first reference to the Wilderness Act in subsec. (b) was in the original a reference to the Act of Sep- tember 3, 1964 (78 Stat. 890). Statutory Notes and Related Subsidiaries MANAGEMENT OF SEGMENT OF SALMON RIVER DES- IGNATED AS COMPONENT OF WILD AND SCENIC RIVER SYSTEM LOCATED WITHIN FRANK CHURCH—RIVER OF NO RETURN WILDERNESS OR GOSPEL-HUMP WILDER- NESS Pub. L. 96–312, § 9(b), July 23, 1980, 94 Stat. 953, as amended Pub. L. 98–231, § 1, Mar. 14, 1984, 98 Stat. 60, provided: ‘‘That segment of the main Salmon River