2011 US Code
Title 16 - Conservation
Chapter 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES (§§ 1 - 460zzz-7)
Subchapter LXXI-A - NEW RIVER GORGE NATIONAL RIVER (§§ 460m-15 - 460m-30)
Section 460m-19 - Mineral lands

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.

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.

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, §1105, Nov. 10, 1978, 92 Stat. 3546.)