
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: 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.)
