This act provides the authority for disposal of leasable minerals on federal lands. Prohibits leasing of federally owned minerals in units of the NPS except where specifically authorized by law.
Mineral Leasing Act for Acquired Lands of 1947 (30 USC 351 et seq.)
Authorized the disposal of leasable minerals (including coal, oil, and gas) from federal lands that were acquired by the US, i.e., lands that were nonfederally owned prior to the US obtaining title.
Mineral Materials Disposal Act of 1947 (30 USC 601 et seq.)
Prohibits the sale of "salable" or "common variety" minerals in units of the NPS. Examples include petrified wood, sand, stone, gravel, pumice, pumicite, cinders, limestone, and clay.
Surface Resources Use Act of 1955 (30 USC 601 et seq.)
This act prohibits persons from using the surface of unpatented claims for anything but mining. It also provides tht claimants of patented minimg claims maay use the surface of the claim only for purposes related to mineral activity. Claimants my occupy and use resources on the claim only for prospecting and mining. Claimants also may not sell the surface resources (timber, sand, gravel, etc.) from an unpatented claim.
Wilderness Act of 1964 (PL 88-577; 16 U.S.C. 1131-1136)
"A wilderness, in contrast with those areas where man and his works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. An area of wilderness is further defined to mean in this Act an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to preserve its natural conditions and which(1) generally appears to have been affected primarily by the forces of nature, with the imprint of man's work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) has at least five thousand acres of land or is of sufficient size as to make practicable its preservation and use in an unimpaired condition; and (4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value."
This Act establishes a National Wilderness Preservation System to be composed of Federally owned areas designated by Congress as "wilderness areas", which are to be managed in a manner that will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character. With certain exceptions, the Act prohibits motorized equipment, structures, installations, roads, commercial enterprises, aircraft landings, and mechanical transport. The Act permits mining on valid claims, access to private lands, fire control, insect and disease control, grazing, water-resource structures (upon the approval of the President), and visitor use (16 U.S.C. 1133). Except as otherwise provided in this Act, each agency administering any area designated as wilderness shall be responsible for preserving the wilderness character of the area.
Land and Water Conservation Fund Act of 1964 (FWCFA) (PL 88-578; 16 USC 460l-4 et seq)
This act established the Land and Water Conservation Fund for planning and purchase of outdoor recreation areas and facilities. Appropriations from the fund may be made by the Congress for allocation to 1) the states, on a matching basis, for planning, acquisition of land and water areas, and for the construction of outdoor recreation facilities; and 2) the federal agencies, including the NPS, for use in acquiring lands needed for outdoor recreation. Legislation in 1987 extended the Fund through 2015.
National Wildlife Refuge System Administration Act of 1966 (PL 93-509; 16 U.S.C. 668dd-668ee)
Formally established the National Wildlife Refuge System, as well as preserving fish and wildlife species and their habitat, particularly those species threatened with extinction. Precursor to the ESA.
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.)
Forest and Rangeland Renewable Resources Planning Act of 1974 (PL 95-307; 16 USC 1600 et seq.)
This act established the land and resource management planning for the USFS, and also expressed Congressional insistence on inventory and monitoring of natural resources on all public lands in the US.
Federal Land Policy and Management Act of 1976 (FLPMA) (PL 94-579; 43 U.S.C. 1701-1782)
Under FLPMA, previous laws governing the disposal of public lands are repealed. Public lands are retained by the Federal Government for multiple use and sustained yield management. Congress was given the power to withdraw, dedicate, or, designate Federal lands for specified purposes. FLPMA gives the BLM authority to manage public lands for long-term benefits.
FLPMA also requires:
· An inventory of public land and resources to be done through a Federal and State coordinated land use planning process for present and future use. The Secretary of the Interior shall prepare and maintain this inventory on a continuing basis.
· Establish comprehensive rules and regulations after public input.
· Establish goals and objectives as guidelines for public land use planning. Management is based on multiple use and sustained yield.
· Manage public lands to protect the quality of scientific, scenic, historical, ecological, environmental, air and atmospheric, water resource and archaeological values. Preserve and protect certain lands in their natural condition. Provide food and habitat for fish, wildlife, and domestic animals. Provide for outdoor recreation, human occupancy and use.
· Establish uniform procedures for disposal of public land, acquisition of non-federal land for public purposes, and the exchange of such lands. Each disposal, acquisition, and exchange shall be consistent with the prescribed mission of the department or agency involved, and Congress shall review disposals in excess of a specified acreage.
· Develop regulations and plans for protection of areas of critical environmental concern (ACECs).
· Manage public lands in a manner which recognizes the Nation's need for domestic sources of minerals, food, timber, and fiber including implementation of the Mining and Minerals Policy Act of 1970 as it pertains to public lands.
Mining in the National Parks Act of 1976 (PL 94-429; 16 USC 1901 - 1912)
· Authorizes new regulations to protect the natural features of NPS areas as valid mineral rights are exercised.
· Closes natural areas under NPS jurisdiction to further mining entry or location of mining claims.
· Requires a confirmation of all unpatented mining claims with the superintendent.
· Requires that acquisition costs and environmental consequences of mining all valid and patented claims be determined.
· Makes recommendations on claims that should be acquired or boundary changes necessary to exclude significant deposits to reduce the cost of acquisition.
Federal Coal Leasing Amendments Act of 1976 (PL 94-377; 30 USC 201)
This act specifically prohibits coal leasing in units of the National Park System. It als requires the inclusion of a variety of environmental protection measures in coal leases issued under the mineral leasing acts of 1920 and 1947. This latter requirement helps to reduce the adverse impacts generated from coal development adjacent to parks.
Surface Mining Control and Reclamation Act of 1974 (PL 95-87; 30 USC 1201 et seq.)
Established a nationwide program to protect the environment from the adverse effects of surface coal mining operations, to establish minimum national standards for regulating surface coal mining, to assist states in developing and implementing regulatory programs, and to promote reclamation of previously mined areas left without adequate reclamation. The act established the Abandoned Mine Reclamation Fund which, among other purposes, is to be used for reclamation of land and water affected by coal mining. Lands and water eligible for reclamation under this program are those which prior to then enactment of this act have been mined for coal, or affected by coal mining, and which have been inadequately reclaimed. Public and private lands are eligible for funding.
Executive Order 11988 - Floodplain Management (1977)
This order requires all federal agencies to avoid construction within the 100-year floodplain unless no other practical alternative exists. Trails are exempt from compliance under NPS guidelines to implement this executive order. During the design stage of any development, the most recent floodplain maps shall be consulted and siting of any structures would be accomplished while avoiding the 100-year floodplain, unless the activity is exempted.
Executive Order 11990 - Protection of Wetlands (1977)
This order requires federal agencies to avoid, where possible, impacts on wetlands. Trails are exempted from compliance under NPS guidelines for implementing this executive order. During the design phase of any development, the most recent wetland maps shall be consulted to ensure that facilities are sited outside of any wetlands.
Emergency Wetlands Resources Act of 1986 (16 USC 3901-3932)
The purpose of this Act is to promote the conservation of wetlands in order to maintain the public benefits they provide, and to fulfill international obligations contained in various migratory bird treaties and conventions (16 U.S.C. 3901 (b)). The means for this identified in the Act include: cooperative management and conservation efforts among private interests, local, state and Federal governments; and acquisition in fee, easements or other interests and methods. Under the Act, the U.S. Fish and Wildlife Service has developed a National Wetlands Priority Conservation Plan (16 U.S.C. 3921) to identify the locations and types of wetlands that should be priorities for state and Federal acquisition through the Land and Water Conservation Fund. The Act requires that each state consider wetlands as an important outdoor resource in preparing State Comprehensive Outdoor Recreation Plans (SCORPs) required under the Land and Water Conservation Fund Act (16 C.F.R. 460l-8). The Act also requires continuation of the National Wetland Inventory project to complete preparation of wetland maps for all the contiguous states by 1998 (16 U.S.C. 3931). The Act also requires the Department of Interior to report to Congress on the status, condition, and trends of wetlands and the effects of Federal programs on wetlands in certain regions of the United States.
Federal Cave Resources Protection Act of 1988 (PL 100-69; 116 USC 4301 et seq.)
The purposes of this act are to identify and preserve significant caves on federal lands and to foster increased cooperation and information exchange between government agencies and others on the use of these caves for scientific, educational, and recreational purposes.
North American Wetlands Conservation Act of 1989 (16 USC 4401 et seq)
The Act is designed to encourage partnerships among public agencies and other interests to protect, enhance, restore, and manage an appropriate distribution and diversity of wetland ecosystems and other habitats for migratory birds and other fish and wildlife. Emphasis is on maintenance and improved distributions of migratory bird populations and North American waterfowl. The Act establishes the North American Wetlands Conservation Council (16 U.S.C. 4403) (NAWCC) to recommend wetlands conservation projects to the Migratory Bird Conservation Commission (MBCC)(16 U.S.C. 715a). In recommending such projects, consideration is given to availability of non-Federal matching funds, partnerships among public agencies and private entities, consistency with the National Wetlands Priority conservation plan (16 U.S.C. 3921), conservation of migratory nongame birds, other fish and wildlife, and species that are listed, or are candidates for listing, as threatened or endangered under the Endangered Species Act (16 U.S.C. 1531 et seq.) Section 9 of the Act (16 U.S.C. 4408) addresses the restoration, management, and protection of wetlands and habitat for migratory birds on Federal lands. Federal agencies acquiring, managing, or disposing of Federal lands and waters are to cooperate with the Fish and Wildlife Service to restore, protect, and enhance wetland ecosystems and other habitats for migratory birds, fish and wildlife on their lands, to the extent consistent with their missions and statutory authorities.
