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U.S. Code as of:
01/19/04
Section 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are hereby withdrawn from all forms of appropriation under the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.
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