shall submit a request for the civil action to the Attorney General whenever 
a person may be liable or an instrumentality may be liable in rem for those 
costs and damages under section 100722 of this title. 
(b) RESPONSE ACTIONS AND ASSESSMENT OF DESTRUCTION, LOSS, OR IN-
JURY.— 
(1) ACTIONS TO PREVENT OR MINIMIZE DESTRUCTION, LOSS, OR IN-
JURY.—The Secretary shall undertake all necessary actions to— 
(A) prevent or minimize the destruction, loss of, or injury to Sys-
tem unit resources; or 
(B) minimize the imminent risk of destruction, loss, or injury to 
System unit resources. 
(2) ASSESSMENT AND MONITORING.—The Secretary shall assess and 
monitor destruction, loss, or injury to System unit resources. 
§ 100724. Use of recovered amounts 
(a) LIMITATION ON USE.—Response costs and damages recovered by the 
Secretary under this subchapter or amounts recovered by the Federal Govern-
ment under any Federal, State, or local law or regulation or otherwise as a 
result of destruction, loss of, or injury to any System unit resource shall be 
available to the Secretary and without further Congressional action may be 
used only as follows: 
(1) REIMBURSEMENT.—To reimburse response costs and damage as-
sessments by the Secretary or other Federal agencies as the Secretary 
considers appropriate. 
(2) RESTORATION AND REPLACEMENT.—To restore, replace, or acquire 
the equivalent of System unit resources that were the subject of the action 
and to monitor and study those System unit resources. The funds may 
not be used to acquire any land or water, interest in land or water, or 
right to land or water unless the acquisition is specifically approved in 
advance in appropriations Acts. The acquisition shall be subject to any 
limitations contained in the legislation establishing the System unit. 
(b) EXCESS AMOUNTS.—Any amounts remaining after expenditures pursu-
ant to paragraphs (1) and (2) of subsection (a) shall be deposited in the 
Treasury. 
§ 100725. Donations 
The Secretary may accept donations of money or services for expenditure 
or employment to meet expected, immediate, or ongoing response costs. The 
donations may be expended or employed at any time after their acceptance, 
without further Congressional action. 
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Subchapter III—Mining Activity Within 
System Units 
§ 100731. Findings and declaration 
Congress finds and declares that— 
(1) the level of technology of mineral exploration and development has 
changed radically, and continued application of the mining laws of the 
United States to System units to which the mining laws apply conflicts 
with the purposes for which the System units were established; and 
(2) all mining operations in System units should be conducted so as 
to prevent or minimize damage to the environment and other resource 
values. 
§ 100732. Preservation and management of System units by 
Secretary; promulgation of regulations 
To preserve for the benefit of present and future generations the pristine 
beauty of System units, and to further the purposes of section 100101(a), 
chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of this 
title and the individual organic Acts for the System units, all activities re-
sulting from the exercise of mineral rights on patented or unpatented mining 
claims within any System unit shall be subject to such regulations prescribed 
by the Secretary as the Secretary considers necessary or desirable for the pres-
ervation and management of the System units. 
§ 100733. Recordation of mining claims; publication of notice 
All mining claims under the Mining Law of 1872 (30 U.S.C. chapter 2, 
sections 161 and 162, and chapters 12A and 16) that lie within the bound-
aries of System units in existence on September 28, 1976, that were not re-
corded with the Secretary within one year after September 28, 1976, shall be 
conclusively presumed to be abandoned and shall be void. The recordation 
does not render valid any claim that was not valid on September 28, 1976, 
or that becomes invalid after that date. 
§ 100734. Report on finding or notification of potential dam-
age to natural and historical landmarks 
When the Secretary finds on the Secretary’s own motion or on being noti-
fied in writing by an appropriate scientific, historical, or archeological au-
thority that a district, site, building, structure, or object that has been found 
to be nationally significant in illustrating natural history or the history of 
the United States and that has been designated as a natural or historic land-
mark may be irreparably lost or destroyed in whole or in part by any surface 
mining activity, including exploration for or removal or production of min-
erals or materials, the Secretary shall notify the person conducting the activ-
ity and submit a report on the findings or notification, including the basis 
for the Secretary’s finding that the activity may cause irreparable loss or de-
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struction of a national landmark, to the Advisory Council on Historic Preser-
vation, with a request for advice of the Council as to alternative measures 
that may be taken by the United States to mitigate or abate the activity. 
§ 100735. Civil actions for just compensation by mining claim 
holders 
The holder of any patented or unpatented mining claim subject to this sub-
chapter that believes the holder has suffered a loss by operation of this sub-
chapter, or by orders or regulations issued pursuant to this subchapter, may 
bring a civil action in United States district court to recover just compensa-
tion, which shall be awarded if the court finds that the loss constitutes a tak-
ing of property compensable under the Constitution. 
§ 100736. Acquisition of land by Secretary 
Nothing in this subchapter shall be construed to limit the authority of the 
Secretary to acquire land and interests in land within the boundary of any 
System unit. The Secretary shall give prompt and careful consideration to 
any offer made by the owner of any valid right or other property in Glacier 
Bay National Monument, Death Valley National Monument, Organ Pipe Cac-
tus National Monument, or Mount McKinley National Park to sell the right 
or other property if the owner notifies the Secretary that the continued owner-
ship of the right or property is causing, or would result in, undue hardship. 
§ 100737. Financial disclosure by officer or employee of Sec-
retary 
(a) WRITTEN STATEMENTS.—Each officer or employee of the Secretary 
who— 
(1) performs any function or duty under this subchapter, or any Act 
amended by the Mining in the Parks Act (Public Law 94–429, 90 Stat. 
1342) concerning the regulation of mining in the System; and 
(2) has any known financial interest— 
(A) in any person subject to this subchapter or any Act amended 
by the Mining in the Parks Act (Public Law 94–429, 90 Stat. 
1342); or 
(B) in any person who holds a mining claim within the bound-
ary of any System unit; 
shall annually file with the Secretary a written statement concerning all such 
interests held by the officer or employee during the preceding calendar year. 
The statement shall be available to the public. 
(b) MONITORING AND ENFORCEMENT PROCEDURES.—The Secretary shall— 
(1) define the term ‘‘known financial interest’’ for purposes of sub-
section (a); 
(2) establish the methods by which the requirement to file written 
statements specified in subsection (a) will be monitored and enforced, in-
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cluding appropriate provisions for the filing by the officers and employ-
ees of the statements and the review by the Secretary of the statements; 
and 
(3) submit to Congress on June 1 of each year a report with respect 
to the disclosures and the actions taken in regard to the disclosures dur-
ing the preceding calendar year. 
(c) EXEMPTIONS.—In the rules prescribed under subsection (b), the Sec-
retary may identify specific positions within the Department of the Interior 
that are of a nonregulatory or nonpolicymaking nature and provide that offi-
cers or employees occupying those positions shall be exempt from the require-
ments of this section. 
(d) CRIMINAL PENALTIES.—Criminal penalties for a violation of this sec-
tion are provided by section 1865 of title 18. 
Subchapter IV—Administration 
§ 100751. Regulations 
(a) IN GENERAL.—The Secretary shall prescribe such regulations as the 
Secretary considers necessary or proper for the use and management of Sys-
tem units. 
(b) BOATING AND OTHER ACTIVITIES ON OR RELATING TO WATER.—The 
Secretary, under such terms and conditions as the Secretary considers advis-
able, may prescribe regulations under subsection (a) concerning boating and 
other activities on or relating to water located within System units, including 
water subject to the jurisdiction of the United States. Any regulation under 
this subsection shall be complementary to, and not in derogation of, the au-
thority of the Coast Guard to regulate the use of water subject to the jurisdic-
tion of the United States. 
(c) CRIMINAL PENALTIES.—Criminal penalties for a violation of a regula-
tion prescribed under this section are provided by section 1865 of title 18. 
§ 100752. Destruction of animals and plant life 
The Secretary may provide for the destruction of such animals and plant 
life as may be detrimental to the use of any System unit. 
§ 100753. Disposal of timber 
The Secretary, on terms and conditions to be fixed by the Secretary, may 
sell or dispose of timber in cases where, in the judgment of the Secretary, the 
cutting of timber is required to control attacks of insects or diseases or other-
wise conserve the scenery or the natural or historic objects in any System 
unit. 
§ 100754. Relinquishment of legislative jurisdiction 
(a) IN GENERAL.—Notwithstanding any other provision of law, the Sec-
retary may relinquish to a State or a territory (including a possession) of 
the United States part of the legislative jurisdiction of the United States over 
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