§ 1281. — Designation procedures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC1281]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 25--SURFACE MINING CONTROL AND RECLAMATION
SUBCHAPTER VI--DESIGNATION OF LANDS UNSUITABLE FOR NONCOAL MINING
Sec. 1281. Designation procedures
(a) Review of Federal land areas for unsuitability for noncoal mining
With respect to Federal lands within any State, the Secretary of
Interior may, and if so requested by the Governor of such State shall,
review any area within such lands to assess whether it may be unsuitable
for mining operations for minerals or materials other than coal,
pursuant to the criteria and procedures of this section.
(b) Criteria considered in determining designations
An area of Federal land may be designated under this section as
unsuitable for mining operations if (1) such area consists of Federal
land of a predominantly urban or suburban character, used primarily for
residential or related purposes, the mineral estate of which remains in
the public domain, or (2) such area consists of Federal land where
mining operations would have an adverse impact on lands used primarily
for residential or related purposes.
(c) Petition for exclusion; contents; hearing; temporary land withdrawal
Any person having an interest which is or may be adversely affected
shall have the right to petition the Secretary to seek exclusion of an
area from mining operations pursuant to this section or the
redesignation of an area or part thereof as suitable for such
operations. Such petition shall contain allegations of fact with
supporting evidence which would tend to substantiate the allegations.
The petitioner shall be granted a hearing within a reasonable time and
finding with reasons therefor upon the matter of their petition. In any
instance where a Governor requests the Secretary to review an area, or
where the Secretary finds the national interest so requires, the
Secretary may temporarily withdraw the area to be reviewed from mineral
entry or leasing pending such review: Provided, however, That such
temporary withdrawal be ended as promptly as practicable and in no event
shall exceed two years.
(d) Limitation on designations; rights preservation; regulations
In no event is a land area to be designated unsuitable for mining
operations under this section on which mining operations are being
conducted prior to the holding of a hearing on such petition in
accordance with subsection (c) of this section. Valid existing rights
shall be preserved and not affected by such designation. Designation of
an area as unsuitable for mining operations under this section shall not
prevent subsequent mineral exploration of such area, except that such
exploration shall require the prior written consent of the holder of the
surface estate, which consent shall be filed with the Secretary. The
Secretary may promulgate, with respect to any designated area,
regulations to minimize any adverse effects of such exploration.
(e) Statement
Prior to any designation pursuant to this section, the Secretary
shall prepare a detailed statement on (i) the potential mineral
resources of the area, (ii) the demand for such mineral resources, and
(iii) the impact of such designation or the absence of such designation
on the environment, economy, and the supply of such mineral resources.
(f) Area withdrawal
When the Secretary designates an area of Federal lands as unsuitable
for all or certain types of mining operations for minerals and materials
other than coal pursuant to this section he may withdraw such area from
mineral entry or leasing, or condition such entry or leasing so as to
limit such mining operations in accordance with his determination, if
the Secretary also determines, based on his analysis pursuant to
subsection (e) of this section, that the benefits resulting from such
designation would be greater than the benefits to the regional or
national economy which could result from mineral development of such
area.
(g) Right to appeal
Any party with a valid legal interest who has appeared in the
proceedings in connection with the Secretary's determination pursuant to
this section and who is aggrieved by the Secretary's decision (or by his
failure to act within a reasonable time) shall have the right of appeal
for review by the United States district court for the district in which
the pertinent area is located.
(Pub. L. 95-87, title VI, Sec. 601, Aug. 3, 1977, 91 Stat. 515.)
