An Act to provide for the regulation of mining activity within, and to repeal the application of mining laws to, areas of the National Park System, and for other purposes.
PL 94-429 (S.2371), enacted 09/28/1976

90 STAT. 1342 
PUBLIC LAW 94-429—SEPT. 28, 1976 
Public Law 94-429 
94th Congress 
Sept. 28, 1976 
[S. 2371] 
National Park 
System. 
Mining activity, 
regulation. 
16 u s e 1901. 
16 u s e 1902. 
Repeals. 
An Act 
To provide for the regulation of mining activity witliin, and to repeal the appli-
cation of mining laws to, areas of the National Park System, and for other 
purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress asseinhled, That the Congress 
finds and declares that— 
(a) the level of technology of mineral exploration and develoj)-
ment has changed radically in recent years and continued appli-
cation of the mining laws of the TTnited States to those areas of 
the National Park System to which it applies, conflicts with the 
purposes for which they were established; and 
(b) all mining operations in areas of the National Park System 
should be conducted so as to prevent or minimize damage to the 
environment and other resource values, and, in certain areas of 
the National Park System, surface disturbance from mineral 
development should be temporarily halted while Congress deter-
mines whether or not to acquire any valid mineral rights which 
may exist in such areas. 
SEC. 2. In order to preserve for the benefit of present and future 
generations the pristine beauty of areas of the National Park System, 
and to further the purposes of the Act of August 25,1916, as amended 
(16 U.S.C. 1) and the individual organic Acts for the various areas 
of the National Park System, all activities resulting from the exercise 
of valid existing mineral rights on patented or unpatented mining 
claims within any area of the National Park System shall be subject 
to such regulations prescribed by the Secretary of the Interior as he 
deems necessaiy or desirable for the preservation and management 
of those areas. 
SEC. 3. Subject to valid existing rights, the following Acts are 
amended or repealed as indicated in order to close these areas to entry 
and location under the Mining Law of 1872: 
(a) the first proviso of section 3 of the Act of May 22, 1902 
(32 Stat. 203; 16 U.S.C. 123), relating to Crater Lake National 
Pprk, is amended by deleting the words "and to the location of 
mining claims and the working of same"; 
(b) section 4 of the Act of February 26, 1917 (39 Stat. 938; 
16 U.S.C. 350), relating to Mount Mckinley National Park, is 
hereby repealed; 
(c) section 2 of the Act of January 26, 1931 (46 Stat. 1043; 16 
U.S.C. 350a), relating to Mount McKinley National Park, is 
hereby repealed; 
(d) the Act of June 13, 1933 (48 Stat. 139; 16 U.S.C. 447), 
relating to Death Valley National Monument, is hereby repealed; 
(e) the Act of June 22,1936 (49 Stat. 1817), relating to Glacier 
Bay National Monument, is hereby repealed; 
(f) section 3 of the Act of August 18, 1941 (55 Stat. 631; 16 
U.S.C. 450y-2), relating to Coronado National Memorial is 
amended by replacing the semicolon in subsection (a) with a 
period and deleting the prefix "(a)", the word "and" immediately 
preceding subsection (b), and by repealing subsection (b); and 
PUBLIC LAW 94-429—SEPT. 28, 1976 
90 STAT. 1343 
(g) The Act of October 27, 1941 (55 Stat. 745; 16 U.S.C. 
450z), relating to Organ Pipe Cactus National Monument, is 
hereby repealed. 
SEC. 4. For a period of four years after the date of enactment of this 
Act, holders of valid mineral rights located within the boundaries of 
Death Valley National Monument, Mount McKinley National Park, 
and Organ Pipe Cactus National Monument shall not disturb for pur-
poses of mineral exploration or development the surface of any lands 
which had not been significantly disturbed for purposes of mineral 
extraction prior to February 29,1976: Provided^ That if the Secretary 
finds that enlargement of the existing excavation of an individual min-
ing operation is necessary in order to make feasible continued produc-
tion therefrom at an amiual rate not to exceed the average annual 
production level of said operation for the three calendar years 1973, 
1974, and 1975, the surface of lands contiguous to the existmg excava-
tion may be disturbed to the minimum extent necessary to eifect such 
enlargement, subject to such regulations as may be issued by the Secre-
tary under section 2 of this Act. For purposes of this section, each 
separate mining excavation shall be treated as an individual mining 
operation. 
SEC. 5. The requirements for annual expenditures on mining claims 
imposed by Kevised Statute 2324 (30 U.S.C. 28) shall not apply to 
any claim subject to section 4 of this Act during the time such claim is 
subject to such section. 
SEC. 6. Within two years after the date of enactment of this Act, the 
Secretary of the Interior shall determine the validity of any unpat-
ented mining claims within Glacier Bay National Monument, Death 
Valley and Organ Pipe Cactus National Monuments and Mount 
McKinley National Park and submit to the Congress recommendations 
as to whether any valid or patented claims should be acquired by the 
United States, including the estimated acquisition costs of such claims, 
and a discussion of the environmental consequences of the extraction 
of minerals from these lands. The Secretary shall also study and within 
two years submit to Congress his recommendations for modifications or 
adjustments to the existing boundaries of the Death Valley National 
Monument and the Glacier Bay National Monument to exclude sig-
nificant mineral deposits and to decrease possible acquisition costs. 
SEC. 7. Within four years after the date of enactment of this Act, 
the Secretary of the Interior shall determine the validity of any unpat-
ented mining claims within Crater Lake National Park, Coronado 
National Memorial, and Glacier Bay National Monument, and submit 
to the Congress recommendations as to whether any valid or patented 
claims should be acquired by the United States. 
SEC. 8. All mining claims under the Mining Law of 1872, as amended 
and supplemented (30 U.S.C. chapters 2,12A, and 16 and sections 161 
and 162) which lie within the boundaries of units of the National Park 
System shall be recorded with the Secretary of the Interior within one 
year after the effective date of this Act. Any mining claim not so 
recorded shall be conclusively presumed to be abandoned and shall be 
void. Such recordation will not render valid any claim which was not 
valid on the effective date of this Act, or which becomes invalid there-
after. Within thirty days following the date of enactment of this Act, 
the Secretary shall publish notice of the requirement for such recorda-
tion in the Federal Register. He shall also publish similar notices in 
newspapers of general circulation in the areas adjacent to those units 
of the National Park System listed in section 3 of this Act. 
SEC. 9. (a) Whenever the Secretary of the Interior finds on his own 
motion or upon being notified in writing by an appropriate scientific, 
Repeal. 
Certain mining 
operations, 
temporary 
cessation. 
16 u s e 1903. 
16 u s e 1904. 
Certain 
unpatented 
mining claims, 
recommendations 
for acquisition. 
16 u s e 1905. 
Study. 
Recommenda-
tions, submittal to 
Congress. 
Recommenda-
tions, submittal to 
Congress. 
16 u s e 1906. 
Mining claims, 
recordation. 
16 u s e 1907. 
Publication in 
Federal Register. 
Landmarks. 
Report to 
Advisory Council 
on Historic 
Preservation. 
16 u s e 1908. 
89-194 0 78—Dt. 1
88
90 STAT. 1344 
PUBLIC LAW 94-429—SEPT. 28, 1976 
Report to 
Congress. 
Legislative 
recommenda-
tions. 
Severability. 
16 u s e 1909. 
Civil actions. 
16 u s e 1910. 
16 u s e 1911. 
historical, or archeological authority, that a district, site, building, 
structure, or object which has been found to be nationally significant in 
illustrating natural history or the history of the United States and 
which has been designated as a natural or historical landmark may be 
irreparably lost or destroyed in whole or in part by any surface mining 
activity, including exploration for or removal or production of miner-
als or materials, he shall notify the person conducting such activity and 
submit a report thereon, including the basis for his finding that such 
activity may cause irreparable loss or destruction of a national land-
mark, to the Advisory Council on Historic Preservation, with a request 
for advice of the Council as to alternative measures that may be taken 
by the United States to mitigate or abate such activity. 
(b) The Council shall within two years from the effective date of 
this section submit to the Congress a report on the actual or potential 
effects of surface mining activities on natural and historical land-
marks and shall include with its report its recommendations for such 
legislation as may be necessary and appropriate to protect natural 
and historical landmarks from activities, including surface mining 
activities, which may have an adverse impact on such landmarks. 
SEC. 10. If any provision of this Act is declared to be invalid, such 
declaration shall not affect the validity of any other provision hereof. 
SEC. 11. The holder of any patented or unpatented mining claim 
subject to this Act who believes he has suffered a loss by operation of 
this Act, or by orders or regulations issued pursuant thereto, may 
bring an action in a United States district court to recover just com-
pensation, which shall be awarded if the court finds that such loss con-
stitutes a taking of property compensable under the Constitution. The 
court shall expedite its consideration of any claim brought pursuant 
to this section. 
SEC. 12. Nothing in this Act shall be construed to limit the authority 
of the Secretary to acquire lands and interests in lands within the 
boundaries of any unit of the National Park System. The Secretary 
is to give prompt and careful consideration to any offer made by the 
owner of any valid right or other property within the areas named in 
section 6 of this Act to sell such right or other property, if such owner 
notifies the Secretary that the continued ownership of such right or 
property is causing, or would result in, undue hardship. 
Interior 
Department 
employees, 
financial 
disclosure. 
16 use 1912. 
SUNSHINE IN GOVERNMENT 
SEC. 13. (a) Each officer or employee of the Secretary of the Interior 
who— 
(1) performs any function or duty under this Act, or any Acts 
amended by this Act concerning the regulation of mining within 
the National Park System; and 
(2) has any known financial interest (A) in any person subject 
to such Acts, or (B) in any person who holds a mining claim 
within the boundaries of units of the National Park System; 
shall, beginning on February 1,1977, annually file with the Secretary 
a written statement concerning all such interests held by such officer 
or employee during the preceding calendar year. Such statement shall 
be available to the public, 
(b) The Secretary shall— 
(1) act within ninety days after the date of enactment of this 
Act— 
(A) to define the term "known financial interest" for pur-
poses of subsection (a) of this section; and 
PUBLIC LAW 94-429—SEPT. 28, 1976 
90 STAT. 1345 
(B) to establish the methods by which the requirement to 
file written statements specified in subsection (a) of this 
section will be monitored and enforced, including appropriate 
provisions for the filing by such officers and employees of 
such statements and the review by the Secretary of such state-
ments; and 
(2) report to the Congress on June 1 of each calendar year with Report to 
respect to such disclosures and the actions taken in regard thereto Congress, 
during the preceding calendar year. 
(c) In the rules prescribed in subsection (b) of this section, the Exemptions. 
Secretary may identify specific positions within such agency which 
are of a nonregulatory or nonpolicymaking nature and provide that 
officers or employees occupying such positions shall be exempt from 
the requirements of this section. 
(d) Any officer or employee who is subject to, and knowingly vio- Penalty, 
lates, this section or any regulation issued thereunder, shall be fined 
not more than $2,500 or imprisoned not more than one year, or both. 
Approved September 28, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1428 (Coram, on Interior and Insular Affairs). 
SENATE REPORT No. 94-567 (Coram, on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Feb. 3, 4, considered and passed Senate. 
Sept. 14, considered and passed House, amended. 
Sept. 17, Senate concurred in House amendments.