Mining in the Parks, Public Law 94-429

PUBLIC LAW 94-429-SEPT.

90 STAT. 1342

Public Law 94-429
94th Congress
Sept. 28, 1976
[S. 23711

National Park
System.
Mining activity,

regulation.
16 USC 1901.

16 USC 1902.

Repeals.

28, 1976

An Act

provide for the regulation of niining activity within, and to repeal the application of mining laws to, areas of the Sational Park System, and for other
purposes.

To

Be it enacted by the Satiate and H o w e of Representatives of the
United Statas of America in Congress assembled, T h a t the Congress
finds and declares that(a) the level of technology of mineral exploration and develoqment has changed radically in recent years and continued appllcation of the mining laws of the TTnited States to those areas of
the National P a r k System to which it applies, conflicts with the
purposes for which they were established; and
(b) all mining operations in areas of the ??tional P a r k System
should be conducted so as to prevent or minimize damage to the
environn~entand other resource values, and, in certain areas of
the National P a r k 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.
SEC.2. I n order t o preserve for the benefit of present and future
generations the pristine beauty of areas of the National P a r k System,
and to further the purposes of the Act of August 25,1916, as amended
(16 U.S.C. 1 ) and the individual organic Acts f o r the various areas
of the Kational P a r k System, all activities resulting from the exercise
of valid existing mineral rights on patented or unpatented mining
claims within any area of the National P a r k 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.
SEC.3. Subject to valid existing rights, the following Acts are
amended or repealed as indicated in order to close these areas t o entry
and location under the Mining Law of 1872:
( a ) the first proviso of section 3 of the Act of May 22, 1902
(32 Stat. 203; 16 U.S.C. 123), relating to Crater Lake National
P ~ r k i,s amended by deleting the words "and to the location of
mining claims and the working of same";
( b ) section 4 of the Act of February 26, 1917 (39 Stat. 938;
16 1T.S.C. 350)- relating to Mount McKinley National Park, is
hereby repealed ;
(c) section 2 of the Act of January 26, 1931 (46 Stat. 1048; 16
U.S.C. 350a), relating to Mount McKinley Kational Park, is
hereby repealed ;
( d ) the ,2ct of ,Tune 18, 1933 (48 Stat. 139; 16 1J.S.C. 447),
relating to Death Valley National Monument, is hereby repealed;
(e) the ,4ct of June 22,1936 (49 Stat. 1817). relating to Glacier
Bay National Monument, is hereby repealed ;
( f ) section 3 of the Act of August 18, 1941 (55 Stat. 631; 16
U.S.C. 45053-2), relating to Coronado National Memorial is
amended by replacing the semicolon in subsection ( a ) with a
period and deleting the prefix "(a)", the word "and" immediately
preceding subsection ( b ) , and by repealing subsection (b) ; and

PUBLIC LAW 94-429-SEPT.

28, 1976

90 STAT. 1343

(g) The Act of October 27, 1941 (55 Stat. 745; 16 U.S.C.
. . to Organ Pipe Cactus National Monument, is
450z), relating
hereby repealed.
SEC.
4. F o r a period of four years after the date of enactment of this
Act, holders of valid mineral rights located within the boundaries of
Death Valley h'ational Monument, Mount McKinley National Park,
and Organ Pipe Cactus National Monument shall not disturb for purposes of mineral exploration or developnlent the surface of any lands
which had not been significantly disturbed for purposes of mineral
extraction prior to February 29,1976 : Prouided, That if the Secretary
finds that enlargement of the existing excavation of an individual mining operation is necessary in order to make feasible continued prodnction therefrom at an annual rate not to exceed the average annual
production level of said operation for the three calendar years 1973,
1974, and 1975, the surface of lands contiguous to the existing excavation may be disturbed to the n~inimulnextent necessary to etfect such
enlargement, subject to such regulations as may be issued by the Secretary under section 2 of this Act. For purposes of this section, each
separate mining excavation shall be treated as an individual niining
operation.
SEC.5. The requirements for annual expenditures on mining claims
imposed by Revised Statute 2324 (30 U.S.C. 28) shall not apply to
any claim subject to section 4 of this Act during the time such claim is
subject to such section.
SEC.6. Within two years after the date of enactment of this Act, tlie
Secretary of the Interior shall determine the validity of any unpatented mining claims within Glacier Bay National Monument, Death
Valley and Organ Pipe Cactus h'ational Monuments and Mount
McKinley National P a r k and submit to the Congress recommendations
as to whether any valid or patented claims should be acquired by tlie
United States, including the estimated acquisition costs of such claims,
and a discussion of the environmental consequences of the extraction
of minerals from these lands. The Secretary shall also study and within
two years submit to Congress his recommendations for modifications or
adjustments to the existing boundaries of the Death Valley National
Monument and the Glacier Bay National Monument to exclude significant mineral deposits and to decrease possible acquisition costs.
SEC.7. Within four years after the date of enactment of this Act,
the Secretary of the Interior shall determine the validity of any unpatented mining claims within Crater Lake National Park, Coronado
National Memorial, and Glacier Bay National Monument, and submit
to the Congress recommendations as to whether any valid o r patented
claims should be acquired by the United States.
SEC.8. All mining claims under the Mining Law of 1872. as amended
and supplemented 730 U.S.C. chapters 2,12x, and 16 and'sections 161
and 162) which lie within the boundaries of units of the National P a r k
System shall be recorded with the Secretary of the Interior within one
year after the effective date of this Act. 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 the effective date of this Act, o r which becomes invalid thereafter. Within thirty days following the date of enactment of this Act,
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 P a r k System listed in section 3 of this Act.
SEO.
9. (a) Whenever the Secretary of the Interior h d s on his own
motion or upon being notified in writing by an appropriate scientific,

Repeal.
Certain mining
operations,
temporary
cessation.
1 6 USC 1903.

1 6 USC 1904..

Certain
unpatented
mining claims,
recommendations
for acquisition.
16 USC 1905.

Study.
Recommendations, submittal to
Congress.
Recommendstions, submittal to
Congress.
16 USC 1906.

Mining claims,
recordation.
1 6 USC 1907.

Publication in
Federal Register.

Landmarks.
Report to
Advisory Council
on Historic
Preservation.
16 USC 1908.

90 STAT. 1344

Report to
Congress.
Legislative
recommendations.

Severability.
16 USC 1909.
Civil actions.
16 USC 1910.

16 USC 1911.

PUBLIC LAW 94-429-SEPT.

28, 1976

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 f?r his finding that such
activity may cause irreparable loss or destruction of a national landmark, to the Advisory Council on Historic Preservation, wlth 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) The Council shall within two years from the effective date of
this section submit to the Congress a report on the actual or potential
effects of surface mining activities on natural and historical landmarks and shall include with its report its recommendations for such
legislation as may be necessary and appropriate to protect natural
and historical landmarks froin activit~es,including surface mining
activities, which may have an adverse impact on such landmarks.
SEC.10. If any provision of this Act is declared to be invalid, such
declaration shall not affect the validity of any other provision hereof.
SEC.11. The holder of any patented or unpatented mining claim
subject to this Act who believes he has suffered a loss by operation of
this Act, 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. The
court shall expedite its consideration of any claim brought pursuant
to this section.
SEC.12. Nothing in this Act 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 6 of this Act 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.
SUNSHINE I N GOVERNMENT

Interior
Department
employees,
financial
disclosure.
16 USC 1912.

SEC.
13. (a) 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) The Secretary shall(1) act within ninety days after the date of enactment of this
Act(A) to define the term "known financial interest" for purposes of subsection ( a ) of this section ; and

PUBLIC LAW 94-429-SEPT.

28,1976

90 STAT. 1345

(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 1of each calendar year with
respect to such disclosures and the actions taken in regard thereto
during the preceding calendar year.
( c ) I n the rules prescribed in subsection (b) of this section, the
Secretary may identify specific ositions within such agency which
are of a nonregulatory or nonpohymaking nature and provide that
officers or employees occupying such positions shall be exempt from
the requirements of this section.
(d) 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.
Approved September 28, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94-1428 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 94-567 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 122 (1976):
Feb. 3, 4, considered and passed Senate.
Sept. 14, considered and passed House, amended.
Sept. 17, Senate concurred in House amendments.

Report to
Congress.
Exemptions.

Penalty.