
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460jjj-2]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
            SUBCHAPTER CXXI--JEMEZ NATIONAL RECREATIONAL AREA
 
Sec. 460jjj-2. Minerals and mining


(a) Limitation on patent issuance

    (1) Notwithstanding any other provision of law, no patents shall be 
issued after May 30, 1991, for any location or claim made in the 
recreation area under the mining laws of the United States.
    (2) Notwithstanding any statute of limitations or similar 
restriction otherwise applicable, any party claiming to have been 
deprived of any property right by enactment of paragraph (1) may file in 
the United States Claims Court \1\ a claim against the United States 
within 1 year after October 12, 1993, seeking compensation for such 
property right. The United States Claims Court \1\ shall have 
jurisdiction to render judgment upon any such claim in accordance with 
section 1491 of title 28.
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    \1\ See Change of Name note below.
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(b) Withdrawal

    Subject to valid existing rights, after October 12, 1993, lands 
within the recreation area withdrawn from location under the general 
mining laws and from the operation of the mineral leasing, geothermal 
leasing, and mineral material disposal laws.

(c) Reclamation

    No mining activity involving any surface disturbance of lands or 
waters within such area, including disturbance through subsidence, shall 
be permitted except in accordance with requirements imposed by the 
Secretary, including requirements for reasonable reclamation of 
disturbed lands to a visual and hydrological condition as close as 
practical to their premining condition.

(d) Mining claim validity review

    The Secretary of Agriculture shall undertake and complete within 3 
years after October 12, 1993, an expedited program to examine all 
unpatented mining claims, including those for which a patent application 
has been filed, within the recreation area. Upon determination by the 
Secretary of Agriculture that the elements of a contest are present, the 
Secretary of the Interior shall immediately determine the validity of 
such claims. If a claim is determined to be invalid, the Secretary shall 
promptly declare the claim to be null and void.

(e) Public purposes

    The Secretary may utilize mineral materials from within the 
recreation area for public purposes such as maintenance and construction 
of roads, trails, and facilities as long as such use is compatible with 
the purposes of the recreation area.

(Pub. L. 103-104, Sec. 3, Oct. 12, 1993, 107 Stat. 1028.)

                       References in Text

    The mining laws of the United States, the general mining laws, and 
the mineral leasing laws, referred to in subsecs. (a)(1) and (b), are 
classified generally to Title 30, Mineral Lands and Mining.
    Geothermal leasing laws, referred to in subsec. (b), are classified 
principally to chapter 23 (Sec. 1001 et seq.) of Title 30.
    For mineral material disposal laws, referred to in subsec. (b), see 
the Materials Act of July 31, 1947, act July 31, 1947, ch. 406, 61 Stat. 
681, as amended, which is classified generally to subchapter I (Sec. 601 
et seq.) of chapter 15 of Title 30. For complete classification of this 
Act to the Code, see Short Title note set out under section 601 of Title 
30 and Tables.

                         Change of Name

    References to United States Claims Court deemed to refer to United 
States Court of Federal Claims, see section 902(b) of Pub. L. 102-572, 
set out as a note under section 171 of Title 28, Judiciary and Judicial 
Procedure.
