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The original documents are located in Box 56, folder "9/28/76 S2371 Regulation of Mining
within the National Park System" of the White House Records Office: Legislation Case
Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
89/28/76
APPROVED SEP 28 1976 19765
THE WHITE HOUSE
ACTION
WASHINGTON
Last Day: October 2
September 28, 1976
MEMORANDUM FOR
THE PRESIDENT
Posted
FROM:
JIM CANNON
SUBJECT:
9/29/76
S. 2371 - Regulation of mining
within the National Park System
archines
Attached for your consideration is S. 2371, sponsored by
Senator Metcalf and eight others.
9/29/76
The enrolled bill would close six ares of the National Park
System to further mineral claims under the Mining Law of
1872 and would provide specific authority to the Secretary
of the Interior to regulate the exercise of existing valid
mineral claims in those areas. The six units of the
National Park System affected are: Glacier Bay National
Monument, Alaska; Death Valley National Monument; California;
Coronado. National Memorial, Arizona; Mount McKinley National
Park, Alaska; Organ Pipe Cactus National Monument, Arizona;
and Crater Lake National Park, Oregon.
A detailed description of the enrolled bill is provided in
OMB's enrolled bill report at Tab A.
OMB, Max Friedersdorf, Counsel's Office (Kilberg) and I
recommend approval of the enrolled bill.
RECOMMENDATION
That you sign S. 2371 at Tab B.
FORD i LIBRARY DERACT
Digitized from Box 56 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
STATE OFFICE W TIME PRESIDENT STATES UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
SEP 23 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 2371 - Regulation of
mining within the National Park System
Sponsor - Sen. Metcalf (D) Montana and 8 others
Last Day for Action
October 2, 1976 - Saturday
Purpose
Closes six areas of the National Park System to
further mineral claims under the Mining Law of
1872, and provides specific authority to the
Secretary of the Interior to regulate the exercise
of existing valid mineral claims in those areas.
Agency Recommendations
Office of Management and Budget
Approval
Department of the Interior
Approval
Council on Environmental Quality
Approval
Department of Commerce
No objection
Department of Justice
Defers to Interior
Discussion
This enrolled bill affects six units of the National
Park System which are open to mineral entry under the
Mining Law of 1872. These are: Glacier Bay National
Monument, Alaska; Death Valley National Monument,
California; Coronado National Memorial, Arizona;
Mount McKinley National Park, Alaska; Organ Pipe
Cactus National Monument, Arizona; and Crater Lake
National Park, Oregon.
2
Under the Mining Law of 1872, mineral deposits
in lands within the public domain were opened to
exploration and purchase by citizens of the
United States. Mineral rights on individual
tracts of land could be patented by any eligible
claimant. In legislation authorizing the creation
of the six National Park System areas affected
by S. 2371, the Congress specifically provided that
these lands would remain open to mineral development
under the mining laws. Although mining operations
exist in other National Park System areas, all
areas other than the six in question here are
closed to further entry, location, and patent
under the mining laws.
Currently, among the six areas, active mineral pro-
duction is limited to Death Valley National Monument
and Mount McKinley National Park. There are
presently 10 producing surface mines in the Death
Valley National Monument area. In 1974, approxi-
mately 3% of our annual domestic production of
boron minerals as well as nearly 1% of our annual
domestic production of talc were mined from the
Death Valley National Monument area. Mineral pro-
duction within Mount McKinley National Park is
limited to a single antimony ore mine, yielding
approximately 100,000 tons per year.
Several hundred patented and unpatented claims
have been established in Glacier Bay and Organ
Pipe Cactus National Monuments. Claims within the
Glacier Bay area comprise approximately 1% of known
domestic nickel reserves. Significant copper reserves
have also been discovered. The U.S. Geological
Survey and the Bureau of Mines are currently con-
ducting an extensive mineral survey of the Glacier
Bay National Monument. Although some areas of the
Organ Pipe Cactus National Monument have been
explored, there is no existing mineral production.
There are no existing claims in either Coronado
National Memorial or Crater Lake National Park.
Description of the bill
S. 2371 would prohibit, subject to valid existing
rights, further mineral development in these six
3
areas. Valid existing rights would be defined to
include not only patented mining claims but also
unpatented claims which have been located and
maintained in accordance with applicable mining
laws. The Secretary of the Interior would be
required to determine the validity of all unpatented
claims in the Glacier Bay, Death Valley, Organ
Pipe Cactus, and Mount McKinley areas, and within
two years of enactment, submit to the Congress a
report on the estimated cost of Federal acquisition
of existing valid claims. Within the same period,
the Secretary would also be required to make
recommendations for adjusting the boundaries of
the Death Valley and Glacier Bay units in order to
exclude significant mineral deposits and to decrease
possible acquisition costs.
The enrolled bill would also provide specific
statutory authority to the Secretary of the
Interior to prescribe such rules and regulations as
he deems necessary for governing the exercise
of existing valid mineral claims in any area of
the National Park System for the purpose of
preserving the scenic, historic, or other valuable
characteristics of such lands. In order to
prevent additional immediate damage to areas
either now in production, or available for
production, the bill would establish a four-year
moratorium on new surface mining in Death Valley,
Mount McKinley, and Glacier Bay. Mining operations
commencing prior to the date of enactment, however,
would be permitted to continue, at a rate not
to exceed the average annual production for calendar
years 1973, 1974, and 1975. Claimholders who
suffer a loss as a result of the provisions of the
Act would be permitted to seek compensation for
alleged takings in Federal court.
Other provisions of the enrolled bill include a
financial disclosure requirement affecting Depart-
ment of the Interior employees with policy
responsibilities under this Act, as well as a
requirement that the Advisory Council on Historic
Preservation submit to the Congress within two years,
4
a report on the actual and potential effects of
surface mining activities on natural and historic
landmarks both within and outside of the
National Park System.
Considerations and views
In committee hearings, the Administration indicated
general support for S. 2371 and related bills,
subject to:
-- keeping Glacier Bay National Monument open to
location, entry and patent under the mining
laws pending completion of a mineral survey
currently being conducted by the U.S.
Geological Survey and the Bureau of Mines;
-- making all activities resulting from the
exercise of valid existing mineral rights on
patented or unpatented mining claims subject
to reasonable regulations prescribed by the
Secretary of the Interior; and,
-- allowing mining with respect to valid existing
claims.
In reporting on S. 2371, both the House and Senate
Interior Committees cited the potentially serious
adverse environmental impact on scenic National
Park System lands of unrestrained surface mining
activity. The reports noted that improvements in
mining technology, making large scale open pit
operations economic, were unforeseen thirty years
ago when these areas were opened to mineral
exploration and development. The issue posed was
whether the scenic and other environmental values
of these areas were sufficient to outweigh the
costs of closing off further mineral development.
Interior notes in its attached enrolled bill
letter that, with the exception of closing
Glacier Bay to mining, S. 2371 adequately addresses
the Administration's concerns. Accordingly,
5
Interior concludes that:
"By their very definition, units of the
National Park System are considered to
have outstanding natural and historic
significance -- unique values which are
deemed worthy of special consideration
and which exceed those other uses to
which a particular resource might be
put.
"The Congressional mandate in the Organic
Act of the National Park System is 'to
conserve the scenery and the natural and
historic objects, and the wildlife
therein, and to provide for the enjoy-
ment of the same in such manner and by
such means as will leave them unimpaired
for the enjoyment of future generations.
Accordingly, we recommend that the
President approve this enrolled bill "
On balance, we concur in Interior's recommendation
for approval. While we recognize the need to
improve the mineral sufficiency of the Nation,
preservation of our National Park System's
natural environment is also an important
national goal.
Paul H. O'Neill
Acting Director
Enclosure
DEPARTMENT OF COMMERCE
GENERAL COUNSEL OF THE
UNITED STATES DEPARTMENT OF COMMERCE
UNITED STATES OF AMERICA
Washington, D.C. 20230
SEP 22 1976
Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D. C. 20503
Attention: Assistant Director for Legislative Reference
Dear Mr. Lynn:
This is in response to your request for the views of the Department
of Commerce concerning S. 2371, an enrolled enactment
"To provide for the regulation of mining activities
within, and to repeal the application of mining
laws to, areas of the National Park System, and
for other purposes. 11
S. 2371 would subject all valid existing mineral rights on claims
within areas of the National Park System to regulation by the Secretary
of the Interior in order to protect such areas. In addition, certain
specified National Park System areas would be closed to entry under
the Mining Law of 1872, subject to valid existing rights. Provision
is made for determination of the validity of mining claims in the
specified areas and recommendations to Congress on the acquisition
of such claims by the Secretary of the Interior. Existing mining
activity within these areas could continue for an interim period,
subject to certain limitations.
The bill provides for the recording of all mining claims under
the Mining Law of 1872 within National Park System areas with the
Secretary within one year. Claims not so recorded would be pre-
sumed abandoned and void. Provision is also made for reporting by
the Secretary to the Advisory Council on Historic Preservation of
any mining activity which threatens natural or historical landmarks,
with a request for advice as to measures that may be taken by the
United States to mitigate or abate such activity.
REVOLUTION
AMERICAN
BICENTENNIAL
1776-1976
@
- 2 -
The Department of Commerce has no objection to approval of this
legislation by the President.
Approval of S. 2371 would not increase the budgetary requirements
of this Department.
Sincerely,
General Counsel
OF THE INTERIOR
United States Department of the Interior
OFFICE OF THE SECRETARY
March
1849
WASHINGTON, D.C. 20240
3,
SEP 2 1976
Dear Mr. Lynn:
This responds to your request for the views of this Department on
S. 2371, "To provide for the regulation of mining activity within,
and to repeal the application of the mining laws to, areas of the
National Park System, and for other purposes."
Enrolled bill S. 2371 would prohibit, subject to valid existing
rights, the exploration, mining and purchase of all valuable mineral
deposits within any area of the National Park System. (The term
"valid existing rights" includes not only patented mining claims
but also unpatented claims which were validly located and have been
maintained as required by the mining laws.) S. 2371 provides that
the Secretary of the Interior may promulgate such rules and regulations
as he deems necessary and appropriate for governing the exercise of
valid existing rights of mining and exploration, in any area of the
National Park System, for the protection and management of any such
area.
The bill places specific restraints on the exercise of valid existing
rights within Death Valley National Monument, Mount McKinley National
Park, and Organ Pipe Cactus National Monument for a period of four
years. With respect to these areas, no further disturbance is to be
made of any lands which had not been significantly disturbed for the
purpose of mineral extraction prior to February 29, 1976. The intention
of this section is prohibit new mining operations to commence in
these three units of the National Park System during this period of
time. With respect to ongoing mining operations, the Secretary may
permit, in a case by case basis, same enlargement of the existing
excavation of a given mine if he finds this is necessary to continue
the production from the particular mine at an annual rate not exceeding
the average production rate over the period 1973 through 1975. Any
necessary minimum enlargement for this purpose would still be subject
to regulation by the Secretary. The net effect of this section is
to permit the controlled operation of currently active mines within
these areas during the next four years, while minimizing the disturbance
to the area caused by such operations.
The bill also protects valid existing rights in the three areas covered
in section 4 by waiving the requirements for annual assessment work
on all unpatented claims within these areas. This precludes the
necessity for any further surface disturbance of these claims
during the next four years.
REVOLUTION
AMERICAN
BICENTENNIAL
1776-1976
The Secretary is also required to make a validity determination of
the unpatented claims in Death Valley, Glacier Bay, and Organ Pipe
National Monuments, and in Mount McKinley National Park, within two
years after enactment of this legislation. The Secretary is to submit
his recommendations to the Congress as to whether any of the valid
claims or patented rights should be acquired by the United States.
His recommendations are to be accompanied by estimates of the acquisition
costs of these rights, as well as a discussion of the environmental
consequences of permitting mineral extraction from these areas.
The Secretary also has four years to make a similar study with
respect to Crater Lake National Park, Coronado National Memorial,
and Glacier Bay National Monument.
Under S. 2371, all mining claims within the boundaries of units of
the National Park System must be recorded with the Secretary of the
Interior within one year after the enactment of this legislation.
Any claim not recorded will be presumed to be abandoned and void.
Recordation would not make an otherwise invalid claim valid. The
Secretary is to publish a notice of this requirement to record
claims in both the Federal Register and in appropriate newspapers in
the vicinity of the areas involved within 30 days following enactment.
The bill permits any claimholder to bring a cause of action for any
loss resulting from the operation of this legislation. It also
requires officers and employees of the Interior Department who
perform any function under this bill to file annually statements of
any known financial interest in the persons subject to this bill or
who receive financial assistance under the bill. This provision is
identical to a provision which covers Interior and the Federal Energy
Administration in the Energy Policy and Conservation Act of 1975
(P.L. 94-163).
With the exception of the repeal of the law which permits mining
activity in Glacier Bay National Monument, this bill is in accord
with the recommendations of this Department's report on H.R. 9799
and S. 2371 to the House and Senate Interior and Insular Affairs
Committees, respectively. The moratorium provisions of S. 2371, as
the bill was introduced in the Senate, have been deleted. As discussed
above, section 4 of the enrolled bill permits the continuation of
ongoing mining operations in Death Valley, Mount McKinley and Organ
Pipe Cactus where the surface has been significantly disturbed for
mineral extraction prior to February 29, 1976. The Secretary may
permit, on a case by case basis, enlargement of these present
existing excavations if he finds that this is necessary to continue
the production from that particular mine at an annual rate not
exceeding the average production rate over the period 1973 through
2
1975. The bill provides that within two years of enactment, the
Secretary of the Interior shall study and submit to Congress his
recommendations for modification, or adjustments to the existing
boundaries of the Death Valley National Monument and the Glacier
Bay National Monument to exclude significant mineral deposits and
to decrease possible acquisition costs.
With respect to the repeal of the law permitting exploration and mining
in the Glacier Bay National Monument, this Department recommended that
the Congress defer consideration of Glacier Bay until the Geological
Survey and the Bureau of Mines completes a mineral survey of the
monument which is currently in progress. As enrolled, S. 2371 would
permit the continuation of this mineral survey and require the
Secretary to make recommendations to the Congress based on the
results of the survey.
Glacier Bay National Monument is known to contain a variety of mineral
deposits, but its largest known mineral deposits are nickel and copper
deposits. According to Bureau of Mines statistics, the 20 patented
mining claims within the monument contain reserves of about 500,000
tons of nickel. A resource of unknown but possibly larger size may
exist beyond the limits of present drilling. This is an important
part of the U.S. nickel reserves. In the U.S., nickel is currently
mined only at Riddle, Oregon, where reserves are one-fifth those at
Glacier Bay. There may be as much as 6 1/2 billion tons of nickel-
bearing rock (extremely uncertain owing to scanty exploration)
averaging about 0.21% nickel in deposits in northern Minnesota.
These deposits are not being mined because of environmental and
state restrictions. Annual imports of nickel are 170,000 tons or
71% of domestic consumption.
Furthermore, S. 2371 will not have any affect on the status quo of
the 20 patented mining claims within the monument. S. 2371 will not
affect valid existing rights in the Glacier Bay National Monument.
Only new mineral exploration and the patenting of new claims within
the monument will be prohibited by this bill. It also should be
noted that these 20 patented claims were patented in 1958 and there
has been no production of minerals from these properties since
that time. The Department has refused to permit the claim owners
to build a mill to concentrate the ore within the monument.
By their very definition, units of the National Park System are
considered to have outstanding natural and historic significance--unique
values which are deemed worthy of special consideration and which exceed
those other uses to which a particular resource might be put.
3
The Congressional mandate in the Organic Act of the National Park
System is "to conserve the scenery and the natural and historic
objects, and the wildlife therein, and to provide for the
enjoyment of the same in such manner and by such means as will
leave them unimpaired for the enjoyment of future generations."
Accordingly, we recommend that the President approve this
enrolled bill.
Sincerely yours,
Assistant Secretary
Honorable James T. Lynn
Director
Office of Management and Budget
Washington, D. C. 20503
4
ASSISTANT ATTORNEY GENERAL
LEGISLATIVE AFFAIRS
Department of Justice
Washington, D.C. 20530
September 23, 1976
Honorable James T. Lynn
Director, Office of Management
and Budget
Washington, D. C. 20503
Dear Mr. Lynn:
In compliance with your request I have examined a
facsimile of the Enrolled Bill, S. 2371, a bill "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."
The bill declares that all mining activities on
patented or valid unpatented mining claims in the National Park
System shall be regulated by the Secretary of the Interior. In
particular, the enrolled bill would amend or repeal several
statutes under which mineral exploration and development are
permitted in six areas of the National Park System. (Valid
unpatented mining claims are excluded from this withdrawal from
mineral development.) These areas are Death Valley National
Monument, Glacier Bay National Monument, Mount McKinley National
Park, Crater Lake National Park, Organ Pipe Cactus National
Monument, and Coronado National Memorial.
A 4 year moratorium on surface disturbance beyond that
existing on February 29, 1976, is imposed by Section 4 of the
bill. However, existing excavations for mining development may
be enlarged during the moratorium upon the Secretary's finding
of necessity to maintain average annual production levels.
During the first year of the moratorium all mining
claimants must record their claims with the Secretary. Failure
to so record renders the claim void for abandonment. Within the
first 2 years of the moratorium the Secretary is required by
Section 6 of the bill to determine the validity of the claims so
recorded among the approximately 53,750 unpatented mining claims
- 2 -
in these six areas. Also, the Secretary must report to Congress
his recommendations as to acquisition, including the cost and
environmental consequences of mining, of patented or valid
unpatented claims. His recommendations are to include boundary
adjustments to Death Valley and Glacier Bay National Monuments,
where most of the claims exist, so as to exclude significant
deposits from the monuments and decrease possible acquisition
costs.
Section 7 requires similar validity determinations and
recommendations within 4 years after enactment for unpatented
mining claims within Crater Lake National Park, Coronado National
Memorial, and Glacier Bay National Monument. An apparent discrep-
ancy exists between Section 6 (2 years for validity determinations)
and Section 7 (4 years) in that Glacier Bay National Monument is
included in both.
The enrolled bill also protects designated significant
historical and natural landmarks threatened by surface mining.
The Secretary is obligated to notify those engaging in incompatible
surface mining and to report the same to the Advisory Council on
Historic Preservation. The council is itself compelled to recommend
within 2 years any legislation necessary to protect natural and
historical landmarks from adverse activities, such as surface
mining.
Finally, any owner of a patented or unpatented mining
claim in the National Park System may bring an action in a federal
district court for any compensable taking resulting from the Act,
orders, or regulations. The courts are required to expedite such
claims and the Secretary must promptly and carefully consider any
offers to sell made by mining claimants in Glacier Bay, Death
Valley and Organ Pipe National Monuments, and Mount McKinley
National Park.
An additional proviso requires annual reporting by
some Interior employees with certain direct or indirect financial
interests in mining claims within the National Park System.
Several discrepancies and potential difficulties appear
in the enrolled legislation. We have already noted the inclusion
of Glacier Bay National Monument in Sections 6 and 7 of the bill,
with their different periods for validity adjudications, and we
recognize the practicable impossibility of completing those
adjudications for the thousands of claims which may be registered
with the Secretary.
- 3 -
A more important problem exists with regard to Section
11 of the enrolled bill. This section permits anyone owning an
unpatented mining claim, or land the title to which was originally
acquired by a mineral patent, to invoke the jurisdiction of a
federal district court. However, there is no indication as to
how or by what means any award for a compensable taking is to be
made. 1/ Furthermore, there is no jurisdictional limit on the
amount of any claim to be considered by the district court, nor
does it appear that trial by jury would be avoided.
Subject to these potential difficulties which may
arise in litigation, the Department of Justice defers to the
Department of the Interior as to whether the bill should receive
executive approval.
Sincerely, Walmann
Michael M. Uhlmann
Assistant Attorney General
1/ E.g., the Redwood National Park Act, 16 U.S.C. 79a, 79c(b) (2),
directs, upon a judicial finding of a compensable taking, that
payment be made from a fund administered by the Secretary of the
Treasury, or through an exchange of lands by the Secretary of the
Interior, or a combination of payment and land exchange.
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
8.30pm. STATES UNITED
WASHINGTON, D.C. 20503
SEP 23 1976
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 2371 - Regulation of
mining within the National Park System
Sponsor - Sen. Metcalf (D) Montana and 8 others
Last Day for Action
October 2, 1976 - Saturday
Purpose
Closes six areas of the National Park System to
further mineral claims under the Mining Law of
1872, and provides specific authority to the
Secretary of the Interior to regulate the exercise
of existing valid mineral claims in those areas.
Agency Recommendations
Office of Management and Budget
Approval
Department of the Interior
Approval
Council on Environmental Quality
Approval
Department of Commerce
No objection
Department of Justice
Defers to Interior
Discussion
This enrolled bill affects six units of the National
Park System which are open to mineral entry under the
Mining Law of 1872. These are: Glacier Bay National
Monument, Alaska; Death Valley National Monument,
California; Coronado National Memorial, Arizona;
Mount McKinley National Park, Alaska; Organ Pipe
Cactus National Monument, Arizona; and Crater Lake
National Park, Oregon.
MARRIS
2
Under the Mining Law of 1872, mineral deposits
in lands within the public domain were opened to
exploration and purchase by citizens of the
United States. Mineral rights on individual
tracts of land could be patented by any eligible
claimant. In legislation authorizing the creation
of the six National Park System areas affected
by S. 2371, the Congress specifically provided that
these lands would remain open to mineral development
under the mining laws. Although mining operations
exist in other National Park System areas, all
areas other than the six in question here are
closed to further entry, location, and patent
under the mining laws.
Currently, among the six areas, active mineral pro-
duction is limited to Death Valley National Monument
and Mount McKinley National Park. There are
presently 10 producing surface mines in the Death
Valley National Monument area. In 1974, approxi-
mately 3% of our annual domestic production of
boron minerals as well as nearly 1% of our annual
domestic production of talc were mined from the
Death Valley National Monument area. Mineral pro-
duction within Mount McKinley National Park is
limited to a single antimony ore mine, yielding
approximately 100,000 tons per year.
Several hundred patented and unpatented claims
have been established in Glacier Bay and Organ
Pipe Cactus National Monuments. Claims within the
Glacier Bay area comprise approximately 1% of known
domestic nickel reserves. Significant copper reserves
have also been discovered. The U.S. Geological
Survey and the Bureau of Mines are currently con-
ducting an extensive mineral survey of the Glacier
Bay National Monument. Although some areas of the
Organ Pipe Cactus National Monument have been
explored, there is no existing mineral production.
There are no existing claims in either Coronado
National Memorial or Crater Lake National Park.
Description of the bill
S. 2371 would prohibit, subject to valid existing
rights, further mineral development in these six
3
areas. Valid existing rights would be defined to
include not only patented mining claims but also
unpatented claims which have been located and
maintained in accordance with applicable mining
laws. The Secretary of the Interior would be
required to determine the validity of all unpatented
claims in the Glacier Bay, Death Valley, Organ
Pipe Cactus, and Mount McKinley areas, and within
two years of enactment, submit to the Congress a
report on the estimated cost of Federal acquisition
of existing valid claims. Within the same period,
the Secretary would also be required to make
recommendations for adjusting the boundaries of
the Death Valley and Glacier Bay units in order to
exclude significant mineral deposits and to decrease
possible acquisition costs.
The enrolled bill would also provide specific
statutory authority to the Secretary of the
Interior to prescribe such rules and regulations as
he deems necessary for governing the exercise
of existing valid mineral claims in any area of
the National Park System for the purpose of
preserving the scenic, historic, or other valuable
characteristics of such lands. In order to
prevent additional immediate damage to areas
either now in production, or available for
production, the bill would establish a four-year
moratorium on new surface mining in Death Valley,
Mount McKinley, and Glacier Bay. Mining operations
commencing prior to the date of enactment, however,
would be permitted to continue, at a rate not
to exceed the average annual production for calendar
years 1973, 1974, and 1975. Claimholders who
suffer a loss as a result of the provisions of the
Act would be permitted to seek compensation for
alleged takings in Federal court.
Other provisions of the enrolled bill include a
financial disclosure requirement affecting Depart-
ment of the Interior employees with policy
responsibilities under this Act, as well as a
requirement that the Advisory Council on Historic
Preservation submit to the Congress within two years,
4
a report on the actual and potential effects of
surface mining activities on natural and historic
landmarks both within and outside of the
National Park System.
Considerations and views
In committee hearings, the Administration indicated
general support for S. 2371 and related bills,
subject to:
-- keeping Glacier Bay National Monument open to
location, entry and patent under the mining
laws pending completion of a mineral survey
currently being conducted by the U.S.
Geological Survey and the Bureau of Mines;
-- making all activities resulting from the
exercise of valid existing mineral rights on
patented or unpatented mining claims subject
to reasonable regulations prescribed by the
Secretary of the Interior; and,
-- allowing mining with respect to valid existing
claims.
In reporting on S. 2371, both the House and Senate
Interior Committees cited the potentially serious
adverse environmental impact on scenic National
Park System lands of unrestrained surface mining
activity. The reports noted that improvements in
mining technology, making large scale open pit
operations economic, were unforeseen thirty years
ago when these areas were opened to mineral
exploration and development. The issue posed was
whether the scenic and other environmental values
of these areas were sufficient to outweigh the
costs of closing off further mineral development.
Interior notes in its attached enrolled bill
letter that, with the exception of closing
Glacier Bay to mining, S. 2371 adequately addresses
the Administration's concerns. Accordingly,
5
Interior concludes that:
"By their very definition, units of the
National Park System are considered to
have outstanding natural and historic
significance -- unique values which are
deemed worthy of special consideration
and which exceed those other uses to
which a particular resource might be
put.
"The Congressional mandate in the Organic
Act of the National Park System is 'to
conserve the scenery and the natural and
historic objects, and the wildlife
therein, and to provide for the enjoy-
ment of the same in such manner and by
such means as will leave them unimpaired
for the enjoyment of future generations.
Accordingly, we recommend that the
President approve this enrolled bill "
On balance, we concur in Interior's recommendation
for approval. While we recognize the need to
improve the mineral sufficiency of the Nation,
preservation of our National Park System's
natural environment is also an important
national goal.
Acting Director
Enclosure
EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY
722 JACKSON PLACE, N. W.
WASHINGTON, D. C. 20006
September 24, 1976
MEMORANDUM FOR JAMES M. FREY
OFFICE OF MANAGEMENT AND BUDGET
SUBJECT: S. 2371, An Enrolled Bill, "to Provide for the
Regulation of Mining Activity Within, and to
Repeal the Application of Mining Laws to Areas
of the National Park Service, and for other purposes."
This is in response to your request for the Council's views
on the enrolled bill.
S. 2371 provides for regulating all activities resulting
from the exercise of valid existing mineral rights on
patented or unpatented mining claims within all areas of
the National Park System. Further, it repeals laws allowing
entry under the Mining Law of 1872 in Crater Lake National
Park, Mount McKinley National Park, Death Valley National
Monument, Glacier Bay National Monument, Coronado National
Memorial and Organ Pipe Cactus National Monument.
A four-year moratorium of mining activity on previously
undisturbed lands is imposed for Death Valley, Mt. McKinley
and Organ Pipe Cactus. With a finding by the Secretary,
enlargement of an existing excavation would be allowed in
order to maintain the average annual rate of production
for the calendar years 1973, 1974, and 1975.
Within two years of enactment the Secretary is directed to
determine the validity of mining claims in Glacier Bay,
Death Valley, Organ Pipe Cactus, and Mt. McKinley and to
recommend to Congress which valid claims and patented claims
the U.S. should acquire. There is also provision for possible
boundary adjustments for Death Valley and Glacier Bay.
Within four years the Secretary is directed to determine
the validity of mining claims within Crater Lake and
Coronado.
Recordation of all mining claims within the entire NPS
is required and those not recorded shall "conclusively pre-
sumed to be abandoned."
2
There is no authority provided to regulate mining in historic
districts or historic landmarks; however, there is provision
for the Secretary to submit a report to the Advisory Council
on Historic Preservation with a request for the advice of
the Council as to possible mitigating measures by the U.S.
on a case-by-case basis. Additionally, the Advisory Council
is directed to submit a report to Congress detailing how to
best protect natural and historic landmarks from mining
activities.
The bill would direct the holder of a claim who believes he
has suffered a loss to sue in a U.S. district court for
compensation. The bill directs the court to expedite con-
sideration of any claim brought pursuant to the bill. The
Secretary is directed to give prompt attention to any offers
made by owners of valid claims or patents. Finally, there
are separability and sunshine clauses.
The Council on Environmental Quality strongly recommends
that the President sign the enrolled bill. Presently the
Park Service has uncertain authority to regulate mining
activity and in many cases does not know where all the
mining claims on NPS areas are located. This bill provides
clear authority to regulate mining and requires recordation
of all mining claims. The bill does not preclude further
mining activity in Glacier Bay; it provides for validity
determinations of the mining claims within Glacier Bay and
provides for possible boundary adjustments of both Glacier
Bay and Death Valley.
Staff Director
Steven D. Jellinek Johns
1
ACTION MEMORANDUM
WASH
September 25
Time:
Date:
FOR ACTION: George Humphreys an CC (for information):
Jack Marsh
Max Frideersdorf
on
Jim Connor
Ed Schmults
Bobbie Kilberg
FROM THE STAFF SECRETARY
DUE: Date: September 28
Time: noon
SUBJECT:
S. 2371-Regulation of mingng within the National Park
System
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K.R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
September 25
1000am
Da:
Time:
FO)
TION:
George Humphreys
cc (for information):
Jack Marsh
Max Friedersdorf
Jim Connor
Bobbie Kilberg
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: September 28
Time: noon
SUBJECT:
S. 2371-Regulation of mining within the National Park
System
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
please return to judy -johnston, ground floor west wing
I recommed approval pulls
BERALD FORD LIBRARY
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
James M. Cannon
telephone the Staff Secretary immediately.
For the Presidenti
September 25
1000am
Date:
Time:
FOR CTION:
George Humphreys
cc (for information):
Jack Marsh
Max Friedersdorf
Jim Connor
Bobbie Kilberg
Ed Schmults
FROM THE STAFF SECRETARY
DUE: Date: September 28
Time: noon
SUBJECT:
S. 2371-Regulation of mining within the National Park
System
ACTION REQUESTED:
For Necessary Action
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
please return to judy johnston, ground floor west wing
approve Deby 8/28/76
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
James M. Cannon
telephone the Staff Secretary immediately.
For the Presidenti
THE WHITE HOUSE
WASHINGTON
September 27, 1976
MEMORANDUM FOR:
JIM CAVANAUGH
FROM:
MAX L. FRIEDERSDORF m.b.
SUBJECT:
S.2371 - Regulation of mining within the National
Park System
The Office of Legislative Affairs concurs with the agencies
that the
subject bill be signed.
Attachments
Calendar No. 542
94TH CONGRESS
~
SENATE
REPORT
1st Session
No. 94-567
REGULATION OF MINING ACTIVITIES WITHIN AREAS
OF THE NATIONAL PARK SYSTEM
DECEMBER 16 (legislative day, DECEMBER 15), 1975.-Ordered to be printed
Mr. METCALF, from the Committee on Interior and Insular Affairs,
submitted the following
REPORT
together with
MINORITY VIEWS
[To accompany S. 2371]
The Committee on Interior and Insular Affairs, to which was re-
ferred the bill (S. 2371), to provide for the regulation of mining activ-
ity within, and to repeal the application of mining laws to, areas of
the National Park System, and for other purposes, having considered
the same, reports favorably thereon with amendments and recom-
mends that the bill as amended, do pass.
The amendments are as follows:
1. On page 1, after line 2 insert the following:
That the Congress finds and declares that—
(a) the level of technology of mineral exploration and
development has changed radically since the enactment
of the Mining Law of 1872, and as a result of these tech-
nological advances, the continued application of the Min-
ing Law of 1872 to those areas of the National Park Sys-
tem 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 determines whether
or not to acquire any valid mineral rights which may
exist in such areas.
(Star Print)
57-010
3
245
2
2. On page 1, line 3, strike "That in" and insert "Sec. 2. In" and
was not valid on the effective date of this Act, or which be-
insert "for" between "preserve" and "the", and renumber all following
comes invalid thereafter,
sections.
SEC. 9. (a) Whenever the Secretary of the Interior finds on
3. On page 1, line 5, strike "National Environ-" and all of lines 6
his own motion or upon being notified in writing by an appro-
through 9, and insert in lieu thereat the following "Act of August 25,
priate scientific, historical, or archeological authority, that a
1916, as amended (16 U.S.C. 1) and the individual organic Acts for
district, site, building, structure, or object which has been
the various areas of the National Park System, all activities resulting
found to be nationally significant in illustrating natural his-
from the exercise of valid existing mineral rights on patented or un-
tory or the history of the United States and which has been
patented mining claims within any area of the National Park System
designated as a natural or historical landmark may be irrep-
shall be subject to such regulations prescribed by the".
arably lost or destroyed in whole or in part by any surface
4. On page 2, line 2, strike "protection" and insert in lieu thereof
mining activity, including exploration for or removal or pro-
duction of minerals or materials, he shall notify the person
the word "preservation".
5. On page 2, strike all of lines 3 and 4 and insert "SEC. 3. Subject
conducting such activity and submit a report thereon, includ-
to valid existing rights, the following Acts are amended or repealed
ing the basis for his finding that such activity may cause ir-
as indicated in order to close these areas to entry and location under
reparable loss or destruction of a national landmark, to the
the Mining Law of 1872:
Advisory Council on Historic Preservation, with a request for
6. On page 3, line 6 strike "three" and insert "four".
advice of the Council as to alternative measures that may be
7. On page 3, strike all of lines 8 and 9, and insert in lieu thereof
taken by the United States to mitigate or abate such activity.
"any patented or unpatented mining claim which is located within the
(b) The Council shall within two years from the effective
boundaries of Death Valley National Monument, Mount McKinley
date of this section submit to the Congress a report on the
National Park, and Organ Pipe Cactus National Monument shall not".
actual or potential effects of surface mining activities on na-
8. On page 3, line 11, strike the period and insert : Provided, how-
tural and historical landmarks and shall include with its re-
ever, That the provisions of this section shall not apply to surface dis-
port its recommendations for such legislation as may be neces-
turbance caused by extraction of minerals from lands the surface of
sary and appropriate to protect natural and historical land-
which had been significantly disturbed for the purpose of mineral ex-
marks from activities, including surface mining activities,
traction prior to September 18, 1975.".
which may have an adverse impact on such landmarks.
9. On page 3, line 14, strike "3" and insert "4".
10. On page 3, starting with line 16, strike all of sections 5 and 6
I. PURPOSE
through page 4, line 5, and insert in lieu thereof the following new
S. 2371 deals with the only areas of the National Park System in
sections:
which mineral development is permitted under the Mining Law of
SEC. 6. Within two years after the date of enactment of this
1872. The six areas involved are: Crater Lake, and Mount McKinley
Act, the Secretary of the Interior shall determine the valid-
National Parks; Death Valley, Glacier Bay and Organ Pipe Cactus
ity of any unpatented mining claims within Death Valley and
National Monuments; and Coronado National Memorial.
Organ Pipe Cactus National Monuments and Mount McKin-
S. 2371 would do three things:
ley National Park and submit to the Congress recommenda-
(1) repeal the seven acts of Congress which make the Mining
tions as to whether any valid or patented claims should be
Law of 1872 applicable to these six units of the National Park
acquired by the United States.
System (Section 3)
SEC. 7. Within four years after the date of enactment of
(2) provide express and broad authority for management by
this Act, the Secretary of the Interior shall determine the
the Secretary of the Interior of mineral development on patented
validity of any unpatented mining claims within Crater Lake
and unpatented mining claims within all areas of the National
National Park, Coronado National Monument, and Glacier
Park System (Section 2) ; and
Bay National Monument, and submit to the Congress recom-
(3) impose a four-year moratorium on further surface dis-
mendations as to whether any valid or patented claims should
turbance within Death Valley and Organ Pipe Cactus National
be acquired by the United States.
Monuments and Mount McKinley National Park in order to give
SEC. 8. All mining claims under the Mining Law of 1872,
the Secretary of the Interior an opportunity to determine the
as amended and supplemented (30 U.S.C. chapters 2, 12A,
validity of existing mining claims and give the Congress an
and 16 and sections 161 and 162) which lie within the bound-
opportunity to decide whether to acquire any valid mineral rights
aries of units of the National Park System shall be recorded
in order to prevent further damage to these areas (Section 4).
with the Secretary of the Interior within one year after the
effective date of this Act. Any mining claim not SO recorded
II. BACKGROUND AND NEED
shall be conclusively presumed to be abandoned and shall be
void. Such recordation will not render valid any claim which
The spectacular scenic and natural values of six units of the Na-
tional Park System, particularly Death Valley National Monument,
4
5
are being threatened by mineral development. This development is
considering limiting their use. In evaluating resource values, the needs
being carried out under the Mining Law of 1872 which, many years
for lands and the uses to which they may be put must be subjected to
ago by special acts of Congress, was made applicable to six units of the
careful evaluation. For areas of Federal land managed under the mul-
park system. In addition to Death Valley, the other areas involved are
Crater Lake and Mount McKinley National Parks, Coronado Na-
tiple use principle, it may be necessary in certain situations to deny
tional Memorial and Organ Pipe Cactus and Glacier Bay National
one use, such as mineral development, so that other uses may make an
optimum contribution in the public interest. Conversely, in other cases
Monuments. The Committee believes that the time has come to repeal these
it may be necessary to adjust other uses so that minerals may be de-
veloped in order to achieve the maximum public benefit.
special laws SO as to assure the preservation of these national treasures.
Withdrawals have been and are being made not to prevent mining
The lands now subject to these laws total approximately 7.1 million
or mineral leasing per se, but to protect a value (e.g., a national park)
acres, over 20 percent of our National Park System.
or permit another valuable program to be implemented (e.g., the
Trans-Alaska Oil Pipeline Corridors). The Committee believes that
APPLICATION OF THE MINING LAW OF 1872
the very high scenic and natural values of lands placed in the Na-
As an aid to the committee in its consideration of S. 2371, the
tional Park System justify the limitations on mineral development
Congressional Research Service was asked to review the legislative
which have been imposed in the past. More importantly, these values
history of the specific laws being repealed. That review was printed
mandate the repeal of those laws making applicable to six areas of
in the Congressional Record on September 26. It indicates that the
that system the most outmoded and environmentally unsatisfactory
Congress opened these lands to mining because of the minimal impact
public land statute-the Mining Law of 1872.
of the exploration and mining methods of the time. Certainly present
The approximately 31 million acres of the National Park System
technology and mining methods, particularly large open-pit mines,
comprise just over 4 percent of the approximately 800 million acres
for relatively low grade deposits, were not contemplated.
of Federal lands and minerals. The 7.1 million acres in the six areas
of the National Park System currently subject to location of mining
LIMITATIONS ON MINERAL DEVELOPMENT ON FEDERAL LANDS
claims under the 1872 Mining Law have been available for mineral
exploitation for over 100 years. Much information is available about
The Committee is aware that there has been some concern expressed
their mineral values. (See e.g., An Assessment of Mineral Resources
by the mining industry and some officials of the Department of In-
in Alaska, Committee Print, July 1974.) As pointed out elsewhere
terior over placing additional limitations on mineral development on
in this report, the Committee is aware of the borate and talc resources
Federally-owned lands.
in Death Valley National Monument and the large nickel deposit un-
The significant issue is not how many acres are withdrawn from
derlying the Brady Glacier in Glacier Bay National Monument.
some or all forms of mineral development. There is a fallacy in a mere
The Committee is, however, convinced that, subject to valid existing
aggregation of figures. The real questions are: What are the purposes
rights, mineral development pursuant to the Mining Law of 1872
of the withdrawals? Do the existing withdrawals reflect our current
should not be allowed to continue in our National Park System. There
national needs and priorities? Has too much land been withdrawn
are many areas of public land containing valuable minerals which are
from mineral development?
not within the National Park System. The Committee believes that
According to the Department of the Interior, implementation of the
public land mineral deposits outside the National Park System should
Alaska Native Claims Settlement Act accounts for almost two-thirds
be developed before those within the National Park System.
of all lands currently withdrawn. Of this less than 25 percent is avail-
able for some sort of mineral entry or lease. After completion of Native
RELATIONSHIP OF S. 2371 TO "NATIONAL INTEREST AREAS" IN ALASKA
selections and conveyances this should increase to about 50 percent or
some 100 million acres. Depending on the results of congressional
The Committee is currently considering legislation to add anywhere
action on the Department's recommendations for new National sys-
from 40 to 105 million acres of public lands in Alaska to either the
tems, discussed below, an additional 10-50 million acres could become
national forest, national park, national wildlife refuge or national
available.
wild and scenic rivers systems. These proposals stem from the provi-
The land selection processes of the Alaska Statehood Act of 1958
sions of Section 17 (d) (2) of the Alaska Native Claims Settlement
and the Alaska Native Claims Settlement Act of 1971 will result in
Act of 1971.
approximately 145 million acres of Federal land in Alaska being
It was suggested to the Committee that Mount McKinley Na-
permanently removed from the application of the Federal mineral de-
tional Park and Glacier Bay National Monument be excluded from S.
velopment laws. However, the Committee assumes that most of these
2371 because these proposals are pending. Some are concerned that S.
lands will be available for mineral development under the laws of the
2371 would prejudge the issue of mineral development within the addi-
State of Alaska and under agreements with Native land owners.
tions to the four national systems in Alaska which the Congress will
The Committee believes that the Congress needs the best possible
undoubtedly be making during the next few years.
information about all the resource values of public lands when it is
The Committee action in recommending enactment of S. 2371 in no
way should be considered a prejudging the issue of what activities
7.
6
or land management systems should be adopted with respect to cur-
ing about one percent of total U.S. nickel resources, and 600 million
rently pending Alaska "national interest area" proposals. The Com-
pounds of copper. A variety of other minerals, including molybdenum,
mittee's action does reflect its view that (1) mineral development
gold, titanium and iron are also present.
under the Mining Law of 1872 is not an appropriate use of lands in
No mining is taking place now. Newmont Mining Corporation has
the National Park System and (2) our park system is a national
been exploring a deposit of approximately 1. billion pounds of
system which must be preserved for the benefit of all the people.
nickel and 600 million pounds of copper in its claims underlying
Brady Glacier, on the east flank of the Fairweather Range about 12
miles north of Dixon Harbor.
PAST AND PRESENT MINING ACTIVITY
The Geological Survey and the Bureau of Mines are currently
Mining activity occurs in varying degrees in the six areas of the
undertaking a mineral survey of the monument, pursuant to an Ad-
National Park System affected by S. 2371. The extent of the mining
ministration recommendation that such a survey be completed before
activity in each of these areas and the available mineral survey data
proposing any lands therein for inclusion in the Wilderness System.
on each as reported by the Department of the Interior may be sum-
Docking facilities in Dixon Harbor would be essential to the de-
marized as follows:
velopment of the nickel-copper deposit. A biological study of Dixon
Death Valley National Monument-In 1974, approximately 3 per-
Harbor area has been completed and submitted by the Park Service.
cent of our annual domestic production of boron minerals and 100,000
The possibility of gold and other metallic deposits northwest of
tons of talc were mined from the monument area, which represents
Dixon Harbor has not been verified but has aroused concern over
less than 1 percent of our annual domestic production. Although a
mining in that vicinity being encouraged if the Dixon Harbor dock
complete mineral study has not been made of this monument, gold,
facility were constructed.
silver and tungsten mineralization are also known to occur in the area.
Aside from Riddle, Oregon, deposits, the other major resource is
There are presently an estimated 50,000 unpatented mining and mill-
located in the Duluth Cabbro Complex in northeastern Minnesota,
site locations within the monument. There are 267 patented mining
being an estimated, but as yet unverified total of 6.5 billion pounds.
claims covering 7,106.83 acres within the monument.
Organ Pipe Cactus National Monument-There are approximately
According to the National Park Service, various companies with
3,000 unpatented mining and millsite locations within this national
strip mining operations inside Death Valley Monument have sub-
monument and no patented claims. Although there is now some on-
stantially increased their activities since introduction of the bill-so
going exploration activity within the monument, there is no produc-
much so that it appears that the longer the delay in enacting S. 2371,
tion of any mineral. Exploration for copper has been carried out by
the more likely it will be that irreparable damage is done to areas
Asarco, Inc. over the past 51 years, with copper in evidence but re-
such as Gower Gulch, and the view from Zabriskie Point.
portedly not in sufficient concentration to justify mining.
Although Tenneco, the sole producer of borates in the Monument,
Pangea Resources, Inc. testified that it is now undertaking drilling
has withdrawn its claim stakes in Gower Gulch, another party has,
in the Copper Mountain area anticipating if successful the develop-
in the meantime, staked a claim in the same area, apparently with the
ment of an underground mine. The cost of the exploratory hole is
intention of initiating production. Among the talo producers, Pfizer
said to be $100,000.
has increased its stripping rate about 2.5 times over what it was be-
There are approximately 3,000 unpatented claims and millsite loca-
tween January, 1972 and October of this year. According to reports
tions within the monument.
from the Park Service, Pfizer has stripped some 15 acres recently and
Coronado National Memorial-There are no unpatented mining
intends to begin two additional mines, one in November and another
claims within the memorial. Some mining claims were located within
before the end of the year, and is now operating on a 6-day work week
the memorial in the past, as evidenced by some old mining cuts and
where it was once on an on-and-off basis. Similarly, Cypress has
open pits. There has been no mining activity within the memorial
stripped 5 acres since the last week of September and is now on a 7-
since it was created in 1952. Geological evaluation of the area does
day week. Johns-Mansville, although it has not increased its stripping,
not indicate sufficient mineralization to support any further mining
plans to open a new mining area soon.
activity.
Mount McKinley National Park-There are an estimated 300 un-
Crater Lake National Park-There are no unpatented or patented
patented mining and millsite locations within the park and no patented
mining claims or locations within the park and, thus, there is cur-
mining claims. The current mineral production in the park is from a
rently no mining activity within the park.
surface mine and consists of approximately 100 tons of antimony ore
per year having a gross value of $60,000.
PRODUCTION OF BORATES AND TALC
Glacier Bay National Monument-An estimated 270 unpatented
mining and millsite locations and 20 patented mining claims are
Since the current serious threat to scenic values within Death Val-
within the monument. While there has been little production of
ley National Monument is posed by strip mining for borates and
minerals from these properties, mining claims within the monument
talc, it is important to consider the importance of the Death Valley
are said to contain resources of one billion pounds of nickel, represent-
production in the perspective of national material needs and the
8
9
evident trend toward reliance upon imports for many of our essential
year production. through raising colemanite production and initiating ulexite
mineral needs.
Borates
Imports of colemanite, all from Turkey, were 21,214 short tons
valued at $852,000, up from 18,216 tons. U.S. exports of boric acid
The Department of Interior has reported that approximately 3 per-
were 35,740 short tons valued at $8.8 million in 1974, down from 41,407
cent of domestic production of boron minerals was mined from the
tons valued at $6.9 million in 1973. Exports of refined borates, however,
Death Valley National Monument area in 1974, including 80 percent
showed a sharp increase: 218,107 tons valued at $33.8 million in 1974
of domestic colemanite production. Colemanite, which is the less com-
and 168,826 tons valued at $19.4 million in 1973. These figures only
mon grade of borate, is largely interchangeable with other borates,
tell about half the story, since unrecorded exports of crude borates
each requiring different modifications of the manufacturing process,
were larger than refined borates and boric acid combined. Most exports
although Colemanite is preferable for use in certain products.
went to Western Europe and Japan, as usual.
According to the Bureau of Mines, the boron industry is well estab-
Boron compounds are used extensively in manufacturing glass, par-
lished in the United States with reserves adequate for 84 to 120 years
ticularly the heat-resistent types, vitreous enamel, soaps, cleansers,
at expected rates of growth. Although the largest producer is a sub-
detergents. Borax is added to fertilizers as an essential plant nutrient.
sidiary of a foreign-based company, three other U.S. companies also
Boron compounds are also used in weed killers, fluxing materials, alloy
produce substantial quantities of boron minerals. In time of emergency
steels, radio tubes, solar batteries, dying materials, plasters and paints,
rapid expansion of boron production by two companies at Searles Lake
spray nozzles, bearing liners, furnace parts, nuclear reactor control
might be difficult because recovering boron compounds from Searles
elements, catalysis in silicone production, plasticizers, fire retardants.
Lake brines is a complicated process involving many byproducts and
In 1967 the General Services Administration sold the entire inven-
coproducts. This would not be true with U.S. Borax, the dominant
tory of colemanite, amounting to 67,571 long dry tons which had been
producer, nor with Tenneco, a relatively newcomer. Processes for re-
acquired from Turkey by the Commodity Credit Corporation in ex-
covering usable boron compounds either from bedded deposits or
change for surplus agricultural products.
underground brines or brine lakes are not expected to change signifi-
cantly by the year 2000.
Talc
Colemanite, which is produced by Tenneco, contains calcium as well
as boron in the proper proportions to enter directly into the manufac-
According to the Bureau of Mines, U.S. mine production of talc-
ture of heat-resistent glass and fiberglass, whereas most U.S. boron
group minerals, with a record of 14 annual increases in the last two
products require some calcium to be added. If the large Turkish boron
decades, has almost doubled in tonnage since 1955 and has more than
deposits continue to take over more of the free world boron demand as
doubled in total value during that period. Apparent consumption of
well as some of the U.S. demand, the period of adequate domestic
talc minerals in the United States, although expanding less consistently
boron supply may be substantially lengthened.
than production, reached a level in 1974 that was higher by almost
Demand for boron minerals and compounds continued to be high for
one-half than that of 1955. Domestic demand for talc and related min-
most of 1974, particularly in the glass wool area. However, the market
erals is expected to increase at an average annual rate of about 4%
weakened near yearend, because of recession. Despite a major strike,
through 1980.
output did not suffer greatly, although it declined from 1,225,000 short
U.S. imports of talc for consumption have remained comparatively
tons of boron minerals and compounds in 1973 to about 1,185,000 tons.
stable and have shown no evident trend, either upward or downward,
Prices were raised four times during 1974, which explains why overall
for many years. In contrast, U.S. exports of tale minerals have grown
output value attained $128 million, up $16 million over that in 1973.
notably in recent decades; the tonnage exported in 1974 was approxi-
The United States has been the foremost world producer for years,
mately 6 times more than in 1955, and the corresponding total value
although Turkey has been gaining ground as the No. 2 producer.
was more than 8 times greater. The United States is self-sufficient in
California supplied most of the boron minerals, with the bulk of
most grades of talc and related minerals.
the output controlled by a British company. Sodium borates were ex-
There were over 30 producing companies in 1974, the 10 largest of
tracted primarily from an open-pit mine at Boron, owned by the U.S.
which supplied 85 percent of the total output; Vermont, New York,
Borax & Chemical Corp., and secondarily from the brines of Searles
Texas, Montana, and California leading in that order among the 14
Lake under Kerr-McGee Chemical Corp. and Stauffer Chemical Co.
States where talc minerals were produced, accounted jointly for nearly
In 1974 U.S. Borax announced a program to raise output by about one-
90 percent of the yearly total. Most of the crude material was processed
third in 3 or 4 years. Kerr-McGee moved ahead on its new soda ash
plant (although this may not necessarily have a borate cycle) and
States. for sale or use in about 35 grinding mills operated by 29 firms in 11
bought Stauffer Chemical's plant in October. Tenneco Oil Co., which
Talc-group minerals were consumed domestically in ceramics, paint,
produces relatively small tonnages of calcium borates from its deposit
paper, refractories, building materials, insecticides, toilet preparations,
at Death Valley in Inyo County, California, had its first good
rubber products, and various minor applications. Talc and related
minerals are subject to competition from each other, from Kaolin,
S. Rept. 94-567-75-2
10
11
fuller's earth, limestone, and other inorganic fillers, and from feldspar
for ceramics, as determined partly by price and partly by performance.
IV. COMMITTEE RECOMMENDATION AND TABULATION OF VOTES
The Senate Committee on Interior and Insular Affairs, in open busi-
MINERAL SURVEYS IN GLACIER BAY NATIONAL MONUMENT
ness session on December 12, 1975, by majority voice vote of a quorum
The Administration recommended that Glacier Bay National Monu-
present, recommends that the Senate pass S. 2371 if amended as
ment be left open to entry, location, and patent under the 1872 mining
described herein. Senators Fannin, Hansen, and Bartlett voted against
the recommendation.
law, pending the completion of a mineral survey of the monument by
the United States Geological Survey. Due to be completed in 1978,
this survey will determine, among other things, the feasibility of
V. COMMITTEE AMENDMENTS
extracting nickel deposits located under Brady Glacier.
The following is a brief explanation of each of the Committee
The Committee retained the provision of S. 2371 which would re-
amendments:
peal the 1936 Act applicable to Glacier Bay.
1. Page 1, after line 2: New section 1 sets forth Congressional find-
In making this decision, the Committee noted the following:
ings and declarations. Among other things, these indicate the need for
(1) Twenty patented mining claims are located on the Brady Gla-
repeal of the old laws and for the temporary and limited moratorium
cier nickel deposit and repeal of the 1936 Act would have no effect on
on surface disturbance in three areas of the national park system set
them;
out in Section 4.
(2) The Solicitor of the Department of the Interior has determined
2. Page 1, line 3: Technical conforming amendment.
that, in view of the 1936 Act specifically opening the monument to the
3. Page 1, line 5: Adds reference to the Organic Act of the national
1872 mining law, the Secretary does not have authority to withdraw
park system which, among other things, expressly states that the
areas within the monument for mining entry; and
"fundamental purpose" of the system is to "conserve the scenery and
(3) Absent repeal of the 1936 Act, new claims could be located with-
the natural and historic objects and the wild life therein. Also
out restriction, creating the possibility of additional inholdings in en-
clarifies intent that this section apply to all mineral development activ-
vironmentally sensitive areas of the monument. The Department's
ity within areas of the National Park System:
mineral survey could guide the location of such claims. The Mining
4. Page 2, line 2: Conforms language to the Act of August 18, 1970
Law of 1872 was designed to provide a strong incentive to mineral
exploration on Federal land by private citizens. Thus, Government
System. (16 U.S.C. 1a-1) relating to management of the National Park
mineral surveys are inconsistent with the application of the 1872 law.
5. Page 2, lines 3 and 4: Technical amendment.
The Committee has consistently distinguished national parks and
6. Page 3, line 6: Provides for four-year moratorium (rather than
monuments from areas of the national forests where mining is per-
three) on surface disturbance. This would allow two years for Con-
mitted. In considering wilderness proposals for national forest land,
gressional action after receipt of the recommendations from the Secre-
where under the Wilderness Act the 1872 mining law applies until
tary of the Interior called for by section 6.
1984, the Committee and the Congress have required mineral surveys.
7. Page 3, lines 8 and 9: Limits the moratorium to the three areas
However, in national parks and monuments, where mineral entry is not
generally permitted, the Committee has not required and indeed the
threatened by mining activity.
of the park system which the Administration indicates are currently
Administration has not generally suggested mineral surveys prior to
8. Page 3, line 11: Adds a 'grandfather clause" which exempts from
wilderness designation.
the moratorium surface disturbance caused by extraction of minerals
The Committee wishes to reiterate its views that mineral surveys are
from lands which had been significantly disturbed prior to the date of
not needed prior to wilderness designation in national parks and monu-
introduction of S. 2371.
ments.
9. Page 3, line 14: Conforming amendment.
III. LEGISLATIVE HISTORY
10. Page 3, line 16: New section 6 directs the Secretary of Interior
to determine, within two years, the validity of unpatented mining
S. 2371 was introduced by Senator Metcalf on September 18, 1975.
claims in the three most threatened areas of the park system and to
Senators Bumpers, Cranston, Hatfield, Jackson, Johnston, Packwood,
Schweiker and Tunney are cosponsors of the bill.
acquired. recommend to Congress whether valid or patented claims should be
A public hearing on the bill was held before the Full Committee
New section 7 imposes the same requirements for the other three
on October 7, 1975.
areas of the park system with a four-year deadline.
Three related bills are pending in the House of Representatives:
New section 8 requires recordation of all mining claims within the
H.R. 9799, H.R. 9931, and H.R. 9953.
boundaries of areas of the national park system within one year. Un-
A related bill (S. 2273) was introduced during the 93rd Congress
recorded claims would be void.
by Senator Goldwater.
New section 9 requires that the Secretary of Interior bring to the
attention of the Advisory Council on Historic Preservation, which
12
13
was established by Congress in 1966 (16 U.S.C. 470i), any threatened
destruction of a national landmark by surface mining.
The Department is opposed to what is likely an unconstitutional inter-
It also requires the Advisory Council, within two years, to submit
ference with valid existing rights.
The Department's conclusions
to Congress its recommendations for legislation designed to protect
about the "likely" constitutionality of a moratorium were not sup-
natural and historical landmarks from activities, including surface
ported with any rationale either in the report or during oral testimony.
mining, which may have an adverse effect on such landmarks.
The fifth amendment of the U.S. Constitution provides that "private
property" shall not "be taken for public use without just compensa-
VI. SECTION-BY-SECTION ANALYSIS
tion." Although the "taking" issue arises from the U.S. Constitution,
in practical application it has primarily involved land use controls
Section 1. The meaning of this section is clear.
exercised by local governments as subdivisions of the States. The courts
Section 2. This section gives the Secretary of the Interior broad
are increasingly inclined to regard restrictions on the use of property
authority to promulgate rules and regulations governing all activities
as "regulation", the exercise of police power to protect public health,
resulting from exercise of mineral development rights on patented
safety or welfare, rather than a taking.
or unpatented mining claims within any area of the National Park
Although there are a number of tests used, the courts most frequently
System. This provision applies to all such claims including those
look at how much economic loss the government's action has caused the
located or patented prior to enactment of the seven laws being re-
landowner. Obviously, the thorny issue is how much economic harm
pealed. The Committee wishes to stress this point because they believe
is necessary for "regulation" to become a "taking". The Supreme Court
that the Secretary has been very lax in the exercise of his current
has stated that there "is no set formula to determine where regulation
authority. The Committee intends that this authority be exercised in
ends and taking begins" Goldblatt V. Hempsted, 369 U.S. 590, 594
a manner which will assure that the primary values of these areas
(1962). In Goldblatt, the Court upheld the challenged government
are preserved.
regulation which prohibited certain mining practices and required
Section 3. The meaning of this section is clear. The phrase "valid
owners to fill mined areas without providing compensation for the
existing rights" applies to valid unpatented mining claims. Patents
resulting economic loss. There are numerous court decisions involving
could be issued for these claims despite the repeal of the special laws.
State or local government restrictions or absolute prohibitions on
Section 4. This section prohibits for a period of four years after
mining which have been upheld as regulation. The courts have also
the date of enactment of the Act any surface disturbance for purposes
treated measures designed to protect significant natural features of the
of mineral exploration or development of any lands within a patented
land as regulation. This is particularly true where the legislative his-
or unpatented claim located in Death Valley and Organ Pipe Cactus
tory demonstrates a considered value judgment on the part of the
National Monuments, and Mount McKinley National Park. This
legislature.
moratorium does not apply to surface disturbance caused by extraction
In Izaak Walton League V. St. Clair (4 ERC 1864) the Court held
of minerals from lands which had been significantly disturbed by
that the Wilderness Act of 1964 banned all mineral activity in the
mineral extraction prior to the date of introduction of S. 2371 (Sep-
Boundary Waters Canoe Area, even though the ban effectively elimi-
tember 18, 1975).
nated the value of mineral rights held by individuals. The court found
The Committee adopted this cutoff date for the "grandfather clause"
this ban reasonable and within the power of Congress to regulate use
in order to discourage any surface disturbance designed to circumvent
of the public lands because it had a rational basis and bore a substan-
the protection afforded by the moratorium. The acceleration of sur-
tial relation to a valid public purpose. This decision has not been
face disturbance activity in Death Valley National Monument since
overturned.
introduction of S. 2371 is described in the Background and Need
It is the Committee's opinion that the moratorium provision of this
section of this report.
section is a constitutional exercise of Congress' power "to dispose of
The Committee expects the Secretary of the Interior to keep them
and make all needful Rules and Regulations respecting the Territory
informed about any potentially destructive mining activity in all units
or other Property belonging to the United States.
(U.S. Const.,
of the National Park System. This has not been done in the past, par-
Art. IV Sec. 3, CI. 2).
ticularly with respect to the substantial increase in mining exploration
Furthermore, the Committee believes that the moratorium is a rea-
and development which has taken place in Death Valley during the
sonable regulation of the rights conferred by the United States upon
last 3 or 4 years.
holders of valid mining claims. The moratorium provision in S. 2371
The Committee cannot understand why it had to learn about the
does not completely extinguish any rights but merely defers their
present serious situation in Death Valley through newspaper articles
exercise. It is clearly analogous to a situation considered by the Su-
rather than reports with recommendations for legislative action from
preme Court in two decisions.
the Secretary of the Interior.
In the first, the Court held that Congress could not react to the
The Department of the Interior in its October 6 report on the bill
wave of foreclosures on farm mortgages created by the depression by
stated that the more stringent moratorium in the bill as introduced
taking away holders of the mortgages right to foreclose them some day
"could constitute a 'taking' of existing rights without compensation.
and sell the farm at public auction. Louisville Joint Stock Bank v,
Redford, 295 U.S. 55 (1935)
15
14
Council on Historic Preservation. The Committee believes the Council
Congress then amended the law to provide simply for a 3-year stay
should be given the opportunity to advise the Secretary of the Interior
on the right to foreclose, and the amended statute was upheld. Wright
when private surface mining activity threatens a national landmark.
V. Vinton Branch of Mountain Trust Bank, 300 U.S. 440 (1937).
The language would not prevent such private surface mining, but it
The same principle has been applied where bankrupt railroads that
would provide a forum in which the Secretary and the Congress could
lose money by continued operation are concerned. Here, of course, the
consider alternative means of mitigating or abating the potential harm.
continued operation at a loss is at the expense of the securities' holders
who own the railroad. Yet just last year the Supreme Court acknowl-
VII. COST AND BUDGETARY CONSIDERATIONS
edged that although the right of the owners to eventually realize the
full value of their property by ceasing operation and selling it could
In accordance with section of the Legislative Reorganiza-
not be entirely denied, that right is qualified by the requirement that
tion Act of 1970, the Committee provides the following estimates of
a railroad estate suffer interim losses for a reasonable period of time
cost:
pending good faith efforts to develop a feasible reorganization plan if
Section 6 of S. 2371 requires the Secretary of Interior to determine,
the public interest in continued rail service justified the requirement.
within two years, the validity of unpatented mining claims within
Blanchette V. Connectiout General Insurance Corp. 95 S. Ct. 335, 348
Death Valley and Organ Pipe Cactus National Monuments and Mount
(1974).
McKinley National Park and submit recommendations to the Con-
Section 5. This section is designed to protect valid existing rights
gress as to whether any valid or patented claims within these areas
by waiving, for any mining claims affected by Section 4, the require-
should be acquired by the United States. These determinations are
ments for annual assessment work which would normally apply to all
estimated to cost as follows:
mining claims. The moratorium established in section 4, would pre-
clude surface disturbance caused by such assessment work.
Cost of esti-
Section 6. This section is designed to give the Congress information
Cost of deter-
mating value of
mining validity
valid or patented
upon which to base a decision whether to acquire valid unpatented and
Park or monument
of claims
claims
patented claims in the three areas listed in the section.
Section 7. This section allows the Secretary of the Interior four
1. Death Valley
$700, 000
$400, 000
2. Organ Pipe Cactus
150,000
200,000
years to accomplish the same purpose as set forth in section 6 for the
3. Mount McKinley
150,000
200,000
three areas listed in the section.
Total
1,000,000
800,000
Section 8. This section requires that all mining claims under the
Mining Law of 1872 and lying within boundaries of the National Park
System be recorded with the Secretary of the Interior within one year
Section 7 requires a similar determination for the three other areas
after the effective date of the Act. Claims not so recorded would be
of the national park system by the Secretary within 4 years after
presumed to be null and void. Recordation would not make an other-
enactment of S. 2371. Estimated cost of this provision follows:
wise invalid claim valid.
Section 9. This section provides that the Secretary of the Interior
Cost of esti-
Cost of deter-
mating value of
shall take certain action for the prevention or mitigation of damage by
mining validity
valid or patented
surface mining activities to lands or objects which have been desig-
Park or monument
of claims
claims
nated as natural or historical landmarks, and requires the Advisory
1. Craim Lake
None
None
Council on Historic Preservation to report to Congress within two
2. Coronado,
None
None
years from the effective date of the section on actual or potential effects
3. Offecier Bay
$200,000
$200,000
of surface mining activities on such landmarks together with recom-
Total
200,000
200,000
mendations for ameliorative legislation.
The Committee is concerned not only with surface mining in areas
There are no land acquisitions authorized by S. 2371. The provisions
which have been established as parts of the National Park System, but
of Sections 6 and 7 are designed to provide information upon which
in other areas which have been recognized nationally for their unique
Congress will decide whether lands should be acquired.
natural or historical value. The Department of the Interior maintains
registeries of natural and historical landmarks which have been found
VIII. EXECUTIVE COMMUNICATION
to be nationally significant in illustrating the history and natural his-
tory of the United States. Many of these landmarks, such as the his-
The legislative report received by the Committee from the Depart-
toric Green Springs Plantation in Virginia, are on private land,
ment of the Interior setting forth its recommendations relating to
however, and there is no protection available from surface mining
S. 2371 is set forth below:
activity. Where historic landmarks are threatened by Federal actions,
the Congress has provided a review procedure involving the Advisory
16
17
U.S. DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
tivity in each of these areas and the available mineral survey data on
Washington, D.C., October 6, 1975.
each area is as follows:
Hon. HENRY M. JACKSON,
(1) Glacier Bay National Monument, Alaska--Although more
Chairman, Committee on Interior and Insular Affairs, U.S. Senate,
mineral survey data is needed in order to evaluate the full mineral
Washington, D.C.
potential of this area, this national monument is known to contain a
DEAR MR. CHAIRMAN: This is in response to the request of your Com-
variety of mineral deposits, including copper, molybdenum, nickel,
mittee for our views on S. 2371, a bill "To provide for the regulation
gold, titanium, and iron. The mining claims within the monument
of mining activity within, and to repeal the application of mining laws
contain resources of one billion pounds of nickel, but this represents
to, areas of the National Park System, and for other purposes."
only 1 percent of the total U.S. nickel resource, and 600 million pounds
We recommend against enactment of this bill, but we would support
of copper. There are an estimated 270 unpatented mining and millsite
legislation which contained features discussed on page 5 of this
locations, and 20 patented mining claims within the monument. There
report.
has been very little production of minerals from these properties. The
S. 2371 provides that the surface use of mineral land locations within
U.S. Geological Survey and the Bureau of Mines, of this Department,
any areas of the National Park System is subject to such rules and
are currently cooperating in the conduct of a mineral survey of the
regulations as may be prescribed and published by the Secretary of
monument.
the Interior for the protection and management of those areas. Sec-
(2) Death Valley National Monument, California.-In 1974, ap-
tion 2 of the bill amends or repeals provisions of existing law which
proxmately 3 percent of our annual domestic production of boron
permit mining within six areas of the National Park System. Section 3
minerals and 100,000 tons of talc were mined from the monument area,
of the bill provides that for a period of 3 years the surface of any
which represents less than 1% of our annual domestic production.
land included within any mining claim located or patented in ac-
Although a complete mineral study has not been made of this monu-
cordance with the foregoing provisions of law in the six areas re-
ment, gold, silver, and tungsten mineralization are also known to
ferred to shall not be disturbed for purposes of mining exploration
occur in the area. There are presently an estimated 50,000 unpatented
or development. Section 4 suspends the requirements for annual ex-
mining and millsite locations within the monument. There are 267
penditures as to claims subject to the 3-year moratorium. Section 5
patented mining claims covering 7,106.83 acres within the monument.
directs the Secretary of the Interior within 90 days to submit to the
There are a total of 10 producing mines in Death Valley National
Congress an estimate of the funds and manpower needed to deter-
Monument. Current production from those mines is talc, and ulexite
mine the validity of any mining claims within Death Valley and
and colemanite which are boron minerals. There are three talc com-
Glacier Bay National Monuments, together with recommendations as
panies producing from the monument and all have alternate sources
to whether any valid claims should be acquired by the United States.
of this material outside the monument. Tenneco is the sole producer
Section 6 of the bill directs the Secretary to submit the same informa-
of ulexite and colemanite within the monument, and the company has
tion to the Congress with respect to Crater Lake and Mount McKinley
filed new claims on ulexite and colemanite deposits outside the monu-
National Parks and Coronado and Organ Pipe Cactus National Monu-
ment as well as within it. Death Valley contains the only known sig-
ments, within one year.
nificant domestic reserves of the specific high grade borate colemanite.
The three year moratorium provision in Section 3 of the bill could
This area supplies 80% of domestic colemanite production, which is
constitute a "taking" of existing rights without compensation. This
used in the manufacture of filament grade fiberglass; it could continue
Department is opposed to what is likely an unconstitutional inter-
the present rate of production for at least 100 years on known reserves
ference with valid existing rights and considers the possibility of
within the monument.
compensation for such rights to be economically infeasible. For this
Borates and talc represent the total current mineral production from
reason, we are opposed to Sections 5 and 6 of S. 2371 which provides
Death Valley National Monument. Their production from the monu-
for recommendations from the Secretary as to whether any valid
ment has a market value of nearly $25 million annually. The main
claims in these six park areas should be acquired by the United
impact on the monument is the use of open pit methods to mine borates
States. This is a totally unworkable concept considering the probable
(including ulexite and colemanite) by Tenneco that began in 1971,
economic costs of such a "buy out".
and older talc mines. Tenneco's Boraxo pit now is some 3,000 feet by
S. 2371 concerns six areas of the National Park System which are
600 feet and is 220 feet deep, while its Sigma pit is 500 feet by 400 feet,
open, by statute, to location, entry, and patent under the mining laws
and is more than 15 feet deep. Both are being enlarged by ongoing
of the United States. The six areas mentioned in the bill are: Glacier
mining and the spoil or waste dumps are highly visible from the scenic
Bay National Monument, Alaska; Death Valley National Monument,
road to the Dante's View overlook. Other even larger Tenneco deposits
California; Coronado National Memorial, Arizona; Mount McKinley
in the same general area of the monument have proven reserves of
National Park, Alaska; Organ Pipe Cactus National Monument, Ari-
borates, but have not been developed for production as yet.
zona; and Crater Lake National Park, Oregon. Mining activity oc-
Talc production from the monument is currently nearly 100,000 tons
curs in varying degrees in these areas. The extent of the mining ac-
per year. Talc reserves in the monument are estimated to be sufficient
to sustain production for over 25 years.
S. Rept. 94-567-75-3
18
19
(8) Coronado National Memorial, Arisona.-There are no unpat-
ented or patented mining claims within the memorial. Some mining
monument be completed before proposing any lands therein for inclu-
claims were located within the memorial in the past, as evidenced by
sion in the Wilderness System. The U.S. Geological Survey and the
some old mining cuts and open pits. There has been no mining activity
Bureau of Mines are conducting such a mineral survey pursuant to
within the memorial since it was created in 1952. The geological evalu-
this recommendation.
ation of the area does not indicate the presence of sufficient mineraliza-
Although we are cognizant of the problems of mineral sufficiency
tion to support any further mining activity.
and the need for increased mineral production in the future, we also
(4) Mount McKinley National Park, Alaska.-There are an esti-
recognize the need for preserving the natural environment of our Na-
mated 300 unpatented mining and millsite locations within the park
tional Park System.
and no patented mining claims. The current mineral production in the
While we cannot recommend enactment of S. 2371, we would sup-
park is from a surface mine and consists of approximately 100 tons of
port the enactment of legislation which contained the following
antimony ore per year having a gross value of $60,000.
provisions:
(5) Organ Pipe Cactus National Monument, Arizona.-There are
1. A provision which would, subject to valid existing rights, amend
approximately 3,000 mining and millsite locations within this national
or repeal provisions of existing law which permit location, entry and
monument and no patented claims. Although there is now some on-
patent under the mining laws within 5 areas of the National Park
going exploration activity within the monument, there is no produc-
System: Death Valley National Monument, California; Coronado Na-
tion of any mineral.
tional Memorial, Arizona; Mount McKinley National Park, Alaska;
(6) Crater Lake National Park, Oregon.-This National Park may
Organ Pipe Cactus National Monument, Arizona; and Crater Lake
be technically open to location, entry, and patent under the mining
National Park, Oregon. ("Valid existing rights" includes not only pat-
laws of the United States. There are no unpatented or patented mining
ented mining but also unpatented claims which were validly located
claims or locations within the park and, thus, there is currently no min-
and have been maintained as required by the mining laws.) We would
ing activity within the park. The Act of May 22, 1902 (32 Stat. 202)
recommend that Glacier Bay National Monument not be included
that established Crater Lake National Park stated that "Crater Lake
pending completion of the mineral survey currently being conducted
National Park shall be open, under such regulations as the Secretary
by the U.S. Geological Survey and the Bureau of Mines.
of the Interior may prescribe, to all scientists, excursionists, and
2. A provision which would make all activities resulting from the
pleasure seekers and to the location of mining claims and the working
exercise of valid existing mineral rights on patented or unpatented
of the same." However, the Act of August 21, 1916 (39 Stat. 522), pro-
mining claims in the five parks or monuments, specified above, sub-
vided that the Secretary of the Interior shall make rules for the pro-
ject to reasonable regulations prescribed by the Secretary of the In-
tection of the property therein "especially for the preservation from
terior. Such regulations should govern surface and subsurface mining
injury or spoilation of all timber, mineral deposits other than those
activities, reclamation, and ancillary operations in these five specified
legally located prior to the date of enactment of this Act, natural
areas to protect and preserve their natural, scenic, and historic values.
curiosities, or wonderful objects within said park. Since the Act of
The Secretary should be authorized to require appropriate perform-
1916 did not specifically repeal the mining language in the 1902 Act,
ance bonds to assure compliance with such regulations. A mandatory
there is some confusion in the law as to whether Crater Lake National
mining claim recordation requirement should be included in such a
Park is open to mining activity.
bill that would require the recordation with the Secretary of the In-
In 1974, this Administration transmitted legislative proposals to the
terior, of all mining claims under the Mining Law of 1872 within one
93d Congress which recommended that certain portions of Death Val-
year after the effective date of enactment or within 30 days of the
ley National Monument, Crater Lake National Park and Organ Pipe
location of a claim, whichever was later. Any mining claims not so
Cactus National Monument be included in the Wilderness Preserva-
recorded should be conclusively presumed to be abandoned and void.
tion System. In addition to including these areas of the National Park
The Office of Management and Budget has advised that there is no
System within the Wilderness System, each of our legislative proposals
objection to the presentation of this report from the standpoint of
specifically closed the entire park or monument to location, entry and
the Administration's program.
patent under the mining laws by providing for the repeal, subject to
Sincerely yours,
valid existing rights, of the statute which extended the mining laws
NATHANIEL REED,
to each park or monument.
Assistant Secretary of the Interior.
Furthermore, this Administration's proposed "Alaska Four Sys-
tems" legislation contains a provision for the repeal, subject to valid
existing rights, of the statute which opened Mount McKinley Na-
tional Park to mining.
With respect to the Glacier Bay National Monument, in 1974, the
Administration recommended that a mineral survey of the national
21
denying the producers the right to develop their lawfully established
claims. In this regard, the Department of Interor has testified
There is no question that Congress has the authority to im-
pose surface use restrictions on mining activities under either
the Property Clause or the Commerce Clause of the Consti-
IX. MINORITY VIEWS OF SENATORS FANNIN, HANSEN AND BARTLETT
tution. However, the United States cannot deprive an owner
of his property without compensation, United States V. North
Of the approximately 120 national parks and national monuments,
American Transportation and Trading Company, 253 U.S.
mineral exploration and extraction under the Mining Law of 1872 has
330 (1920), and a valid mining claim is property even before
been permitted by Congress in only six. S. 2371, if adopted, will close
it is patented. Wilbur V. U.S. ex rel Krushnic, 280 U.S. 306
these. What has happened since Congress specifically carved out these
(1930), Accordingly, if there is a complete prohibition on
six exceptions? Have we now accumulated such large stockpiles of the
surface mining enacted, and no feasible or prudent alterna-
minerals contained in these six areas that we no longer require further
tive exists to effectively mine a claim, then a strong argument
exploration and development? Have we discovered other sources to
may be made that a property interest has been taken.
meet our needs? Or perhaps we no longer have the same degree of in-
dustrial reliance on these materials?
It must be noted that regulations have been prescribed by the Na-
One would think that an affirmative answer to one of the three latter
tional Park Service under the organic National Park Act, as amended,
questions would be prerequisite to undoing the acts of previous Con-
and under the National Environmental Policy Act, We favor the im-
gresses, yet the record is barren of any such affirmation. To the con-
position of strict regulations which will make the exploration and de-
trary, the record shows that these areas contain at least 14 valuable
velopment of these minerals conform to procedures which are envi-
minerals that the Bureau of Mines forecasts will be in short supply
ronmentally acceptable and which will not have a signficantly adverse
impact on the park.
within the next 25 years. Among these, for instance, is nickel. Yet one
of the areas to be closed is Glacier Bay National Monument, which is
Thus, while we do not approve of mining in national parks and
known to contain approximately one billion pounds of nickel (the
monuments, previous Congresses have invited reasonable mineral ex-
largest known deposit in the United States), as well as 600 million
ploration and development in these six areas, and we do not believe we
pounds of copper.
have either the legal or ethical right now to deprive these producers of
We are largely ignorant of the other mineral resources available in
their property without just compensation. Accordingly, we will offer
Glacier Bay, but a geological survey is presently underway there
an amendment on the Floor to provide for such just compensation.
which should be completed in about two years. Since there seems to be
But even beyond the six specified areas that will be closed to further
no urgent necessity to include Glacier Bay within the bill, it certainly
mineral development, this bill raises a larger and more important
seems logical that we should wait to find out what we are locking up
question: The wisdom of a piecemeal withdrawal policy with no
before we throw away the key.
thought or study given to the cumulative effect of such withdrawals
Death Valley, too, is rich in valuable mineral resources. It contains
on our nation's mineral reserves. In hundreds of separate, uncoordi-
the only known significant domestic reserves of the high grade borate,
nated acts creating military bases, wildernesses, wildlife preserves,
colemanite. This substance is used in the manufacture of textile grade
national parks and monuments and others, more than 390 million acres
fiberglass. We submit, therefore, that at the very minimum, reference to
of public lands have been closed to exploration under federal mining
Glacier Bay and Death Valley should be stricken from the bill.
laws and over 520 million acres have been closed to exploration under
We wish to emphasize that we do not advocate mining in national
federal mineral leasing laws. These acreage figures represent 53 per-
parks and monuments. To the contrary, the withdrawal of public lands
cent and 64 percent, respectively, of all the public land available in
for such uses, where appropriate, is of the most legitimate reasons
this country, and much of this withdrawn land is in the western
for withdrawing land. But this fact demonstrates the great care which
United States where mineral deposits of economic significance are
must be taken when drawing the boundaries of proposed national
most likely to occur. S. 2371 withdraws yet another 7 million acres
parks and monuments in the first place.
of potentially mineral-rich land from our ever-diminishing supply of
mineral resources.
In this case, Congress was apparently fully aware that these six
areas contained valuable mineral deposits when it permitted the appli-
Nor can the minerals that lie beneath these withdrawn lands be
cation of the Mining Law of 1872. In reasonable reliance on these ex-
considered a "stockpile" which may be called upon when other do-
ceptions, mineral producers have made great investments in these
mestic sources are depleted-or when foreign suppliers decide to cur-
areas in an effort to develop the mineral resources contained there. We
tail their exports. It generally takes five to twenty years to bring a
submit that it would be patently unfair, and probably unconstitu-
major mineral deposit into production.
tional, to impose the moratorium provided for in this bill, thereby
The dependence of a healthy economy on an abundant supply of
(20)
raw materials is self-evident. In this regard, U.S. Geological Survey
22
23
has forecast that within the next 25. years the United States will be
100 percent dependent on imports for 12 essential mineral commodi-
said reservation shall be open, under such regulations as the Secretary
ties, more than 75 percent dependent for 15, and more than 50 percent
of the Interior may prescribe, to all scientists, excursionists, and pleas-
ure seekers [and to the location of mining claims and the working of
dependent for 26 commodities.
Yet we continue to risk the creation of foreign cartels which could
the same] : And provided further, That restaurant and hotel keepers,
artificially alter prices or withhold supplies entirely. Every acre of
upon application to the Secretary of the Interior, may be permitted by
mineral-rich land that we close to exploration and development in-
him to establish places of entertainment within the Crater Lake Na-
creases our reliance and dependence on the good graces of these for-
tional Park for the accommodation of visitors, at places and under
eign sources. One need only reflect on the events of the past few years
regulations fixed by the Secretary of the Interior, and not otherwise.
to discover the folly of such reliance.
In 1968, only about 17 percent of our public land had been with-
Mount McKinley National Park
drawn; as noted above, in the past seven years, that figure has more
than tripled. We must not continue to mortgage the economic security
SECTION 4 OF THE ACT OF FEBRUARY 26, 1917 (39 STAT. 938; 16 U.S.C. 350)
of our future generations through uncoordinated land use restrictions.
[Sec. 4. Nothing in this Act shall in any way modify or effect the
Since there is now more public land withdrawn from mineral de-
mineral land laws now applicable to the lands in the said park.]
velopment than is open, we must advance the multiple-use concept
wherever applicable. The mining industry will have to accept reason-
SECTION 2 OF THE ACT OF JANUARY 26, 1931 (46 STAT. 1043 16 U.S.C. 350a)
able restraints on its activities while the preservationist will have to
accept the fact that somewhere in that million acre natural area, there
[SEC. 2. That hereafter the Secretary of the Interior shall have au-
is a mine. The boundaries of future parks and monuments and wilder-
thority to prescribe regulations for the surface use of any mineral
ness areas must be drawn accordingly.
land locations already made or that may hereafter be made within
The defeat or amendment of S. 2371 should signal the halt to more
the boundaries of Mount McKinley National Park, in the Territory
public land withdrawals until an inventory of this nation's mineral
of Alaska, and he may require registration of all prospectors and
resources can be completed and a systematic and coordinated land use
miners who enter the park: Provided, That no resident of the United
policy developed. If we continue this ad hoc approach of depriving
States who is qualified under the mining laws of the United States ap-
ourselves, bit by bit, of our limited mineral resources, oblivious to
plicable to Alaska shall be denied entrance to the park for the purpose
the cumulative effect, future generations will surely pay the price for
of prospecting or mining.]
our short-sightedness.
PAUL J. FANNIN.
Death Valley National Monument
CLIFFORD P. HANSEN.
DEWEY F. BARTLETT.
THE ACT OF JUNE 13, 1933 (48 STAT. 139; 16 U.S.C. 337)
X. CHANGES IN EXISTING LAW
[Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the mining
In compliance with subsection (4) of rule XXIX of the standing
laws of the United States be, and they are hereby, extended to the
rules of the Senate, changes in existing law made by the bill, S. 2371,
area included within the Death Valley National Monument in Cali-
as ordered reported, are shown as follows (existing law proposed to be
fornia, or as it may hereafter be extended, subject, however, to the
omitted is enclosed in black brackets, new matter is printed in italic,
surface use of locations, entries, or patents under general regulations
existing law in which no change is proposed is shown in roman)
to be prescribed by the Secretary of the Interior.]
Crater Lake National Park
Glacier Bay National Monument
SECTION 3 OF THE ACT OF MAY 22, 1902 (32 STAT. 203 16 U.S.C. 123)'
THE ACT OF JUNE 22, 1936 (49 STAT. 1817)
SEC. 3. That it shall be unlawful for any person to establish any
[Be it enacted by the Senate and House of Representatives of the
settlement or residence within said reserve, or to engage in any lumber-
United States of America in Congress assembled, That in the area
ing, or other enterprise or business occupation therein, or to enter
within the Glacier Bay National Monument in Alaska, or as it may
therein for any speculative purpose whatever, and any person violating
hereafter be extended, all mineral deposits of the classes and kinds
the provisions of this Act, or the rules and regulations established
now subject to location, entry, and patent under the mining laws of
thereunder, shall be punished by a fine of not more than five hundred
the United States shall be, exclusive of the land containing them, sub-
dollars, or by imprisonment for not more than one year, and shall
ject to disposal under such laws, with right of occupation and use
further be liable for all destruction of timber or other property of the
of SO much of the surface of the land as may be required for all pur-
United States in consequence of any such unlawful act Provided, That
poses reasonably incident to the mining or removal of the minerals
and under such general regulations as may be prescribed by the Sec-
retary of the Interior.]
24
Coronado National Memorial
SECTION 3 OF THE ACT OF AUGUST 18, 1941 (55 STAT. 631; 16 U.S.C. 450Y-2)
SEC. 3. The Secretary of the Interior, under such regulations as
shall be prescribed by him, which regulations shall be substantially
similar to those now in effect, shall permit-
[(a)] Grazing of livestock within the memorial area to the extent
now permitted within the said area when such grazing will not inter-
fere with recreational development authorized by this Act.[; and
(b) Prospecting and mining within the memorial area, when not
inconsistent with the public uses thereof. Rights to minerals in the
area shall not extend to the lands containing such minerals, but the
Secretary of the Interior shall grant rights to use SO much of the sur-
face of the lands as may be required for all purposes reasonably inci-
dent to the mining and removal of the minerals.]
Organ Pipe Cactus National Monument
ACT OF OCTOBER 27, 1941 (55 STAT. 745; 16 U.S.C. 450Z)
[Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That within the
Organ Pipe Cactus National Monument in Arizona all mineral
deposits of the classes and kinds now subject to location, entry, and
patent under the mining laws of the United States shall be, exclusive
of the land containing them, subject to disposal under such laws, with
right of occupation and use of SO much of the surface of the land as
may be required for all purposes reasonably incident to the mining
or removal of the minerals and under such general regulations as
may be prescribed by the Secretary of the Interior.]
94TH CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 94-1428
PROVIDING FOR THE REGULATION OF MINING ACTIVITY WITHIN,
AND REPEALING THE APPLICATION OF MINING LAWS TO, AREAS
OF THE NATIONAL PARK SYSTEM, AND FOR OTHER PURPOSES
AUGUST 13, 1976.-Ordered to be printed
Mr. HALEY, from the Committee on Interior and Insular Affairs,
submitted the following
REPORT
together with
SUPPLEMENTAL AND DISSENTING VIEWS
[To accompany S. 2371]
The Committee on Interior and Insular Affairs, to whom was re-
ferred the bill (S. 2371) to provide for the regulation of mining activ-
ity within, and to repeal the application of mining laws to, areas of
the National Park System, and for other purposes, having considered
the same, reports favorably thereon with amendments and recom-
mends that the bill as amended do pass.
The amendments are as follows:
Page 3, line 14, strike out "repealed;" and insert in lieu thereof:
repealed except with respect to the following described area
of such monument: the area which is between the following
described line on the east and the Pacific Ocean on the west,
comprising approximately five hundred and thirty-one thou-
sand acres: the area bounded on the east by a line extending
north-northwesterly from the west shoreline of Taylor Bay,
along the easterly limits of the rock outcrops and nunataks on
the west side of Brady Glacier, to the large rock outcrop (ele-
vation 4148) at the divide between Brady Glacier and Reid
Glacier; thence westerly to Mount Bertha; thence west north-
westerly to Mount Orville; thence northwesterly and
northerly along the divide of the Fairweather Range to
Mount Wilbur, Lituya Mountain, Mount Salisbury, and
Mount Quincy Adams;
57-006
(1)
2
3
Page 3, line 20, strike out "subsection (b), and subsection (b) and"
Page 7, following line 4, insert a new Sec. 12 as follows:
and insert in lieu thereof:
"Sec. 12. Nothing in this Act shall be construed to limit
subsection (b), and by repealing subsection (b) ; and.
the authority of the Secretary to acquire lands and interests
in lands within the boundaries of any unit of the National
Page 3, beginning on line 24, strike out all of Section 4 and in-
Park System. The Secretary is to give prompt and careful
sert a new Section 4 reading as follows:
consideration to any offer made by the owner of any valid
SEC. 4. For a period of four years after the date of enact-
right or other property within the areas named in section 4 of
ment of this Act, holders of valid mineral rights located with-
this Act to sell such right or other property, if such owner
in the boundaries of Death Valley National Monument,
notifies the Secretary that the continued ownership of such
Mount McKinley National Park, and Organ Pipe Cactus
right or property is causing, or would result in, undue hard-
National Monument shall not disturb for purposes of mineral
ship.
exploration or development the surface of any lands which
PURPOSE
had not been significantly disturbed for purposes of mineral
extraction prior to February 29, 1976 Provided, That if the
S. 2371 1 affects the six units of the National Park System which are
Secretary finds that enlargement of the existing excavation of
open to mineral entry under the Mining Law of 1872. Enactment of
an individual mining operation is necessary in order to make
S. 2371, as reported by the Committee on Interior and Insular Affairs,
feasible continued production therefrom at an annual rate
would:
not to exceed the average annual production level of said
1. Close five of the affected areas, as well as a portion of
operation for the three calendar years 1973, 1974, and 1975,
Glacier Bay National Monument, to further mineral entry,
the surface of lands contiguous to the existing excavation may
subject to valid existing rights;
be disturbed to the minimum extent necessary to effect such
2. Provide specific authority for the Secretary of the In
enlargement, subject to such regulations as may be issued by
terior to regulate the exercise of the valid mineral rights
the Secretary under Section 2 of this Act. For purposes of
existing within the National Park System;
this section, each separate mining excavation shall be treated
3. Institute restraints on continued production from exist-
as an individual mining operation.
ing operations, and delay the commencement of new mining
Page 4, line 20, strike out "States." and insert in lieu thereof
activities for a four-year period, with respect to three of the
areas;
States, including the estimated acquisition costs of such
4. Require the Secretary to submit studies to the Congress
claims, and a discussion of the environmental consequences
which will examine the consequences of further mining oper-
of the extraction of minerals from these lands. The Secre-
ations within these areas, and which will include, both the
tary shall also study and within two years submit to Congress
estimated acquisition costs of the valid claims and any rec-
his recommendations for modifications or adjustments to the
ommendations he may have for boundary adjustments; and
existing boundaries of the Death Valley National Monument
5. Require reporting by the Advisory Council on His-
to exclude significant mineral deposits and to decrease pos-
toric Preservation of the actual and potential effects of
sible acquisition costs.
surface mining on any national historic or natural landmark.
Page 5, line 2, strike out "States." and insert in lieu thereof:
BACKGROUND
States, including the estimated acquisition cost of such
claims, and a discussion of the environmental consequences of
Recognition of an area as a national park or national monument.
the extraction of minerals from these lands.
is generally considered to be the highest form of protection which
Page 5, at the end of line 12, add the following
the Congress can give an area of Federal land. These units of the
National Park System are selected for their outstanding natural and
Within 30 days following the date of enactment of this Act,
the Secretary shall publish notice of the requirement for such
historic significance to the Nation. By their very definition, these
recordation in the Federal Register. He shall also publish
1S. 2371. amended. passed the United States Senate on February 14. 1976: Related'
similar notices in newspapers of general circulation in the
legislation introduced in the House and considered by the Committee in its deliberations
included H.R. 9540 and H.R. 9799 by Representative Seiberling; H.R. 9824 by Repre-
areas adjacent to those units of the National Park System
sentative Young of Florida H.R. 9923 by Representative Skubitz; H.R. 9937 by Repre--
listed in Section 3 of this Act.
sentative Seiberling and cosponsored by Representatives Anderson of California, Bancus.
Brown of California. Broyhill. John L. Burton. de Lugo. Drinan, Edgar. Edwards of
California, Gude, Harrington. Hechler of West Virginia. Howard, Hughes, Krebs, Long of
Page 6, lines 14 through 18, strike out all of Sec. 10 and insert in
Maryland. Meeds. Mink. Ottinger. Roncallo. Scheuer. Solarz. Tsongas and Young of Geor-
lieu thereof the following:
gia; H.R. 9953 by Representative Udall H.R. 10753 by Representative Seiberling and co-
sponsored by Representatives Abzug. Bedell. Blouin. Boland. Carr. Corman. Cotter, Dellums,
Dingell. Eilberg. Esch. Hawkins. Helstoski, Holtzman. Keys, Lloyd of California; and
SEC. 10. If any provision of this Act is declared to be in-
Maguire; H.R. 10754 by Representative Seiberling and cosponsored by Representatives:
valid, such declaration shall not affect the validity of any
McCloskey. McHugh. Mikva. Miller of California, Moakley. Moorhead of Pennsylvania
Moss. Patterson of California. Rodino, Roe, Ryan, Stark, Vanik, Vigorito, and Weaver
other provision hereof.
and H.R. 11092 by Representative Udall.
5
4
BRIEF EXPLANATION OF MORATORIUM PPOVISION
components of the National Park System are considered to have
unique values which are deemed worthy of special consideration, and
Under the terms of section 4 of the bill, for a period of four years,
which exceed those other uses to which the resource might be put.
claimholders in the Death Valley, Organ Pipe Cactus and Mount-
This deliberate choice is generally made by the Congress when-
McKinley areas are prohibited from disturbing the surface of any
ever any addition is made to the National Park System. Americans
lands for the purpose of mineral exploration or development which
have the Grand Canyon of the Colorado River as a National Park
had not been significantly disturbed for mineral extraction prior to
rather than as another location for hydroelectric development. We
February 29, 1976. For existing operations, however, the legislation
have chosen to protect a portion of the magnificent redwoods of
permits the continuation and even the enlargement of individual min-
Northern California rather than commit them to timber production.
ing operations, subject to such regulations as the Secretary deems
In each case, Congress has determined that such consumptive resource
warranted, in order to maintain production at an annual rate of pro-
uses should be foregone in order that these examples of our heri-
duction not exceeding the average annual rate for calendar years 1973,
tage might be preserved.
1974, and 1975.
Along with other resource uses such as water development projects,
The Committee recognizes that the Constitution requires that just
timber harvesting, and agricultural production, mineral extraction
compensation be paid whenever private property is taken for public
is generally precluded within our National Parks. Yet the Mining
purpose. Existing law and the terms of this bill safeguard this Con-
Law of 1872 still applies to six of the approximately 300 units of
stitutional guarantee. In all of the areas covered by this measure, the
the system. Crater Lake and Mount McKinley National Parks; Death
Congress expressly provided that the exploration for, and develop-
Valley, Glacier Bay and Organ Pipe Cactus National Monuments; and
ment of, the mineral values would be subject to such rules and regu-
"Coronado National Memorial are all still subject to mineral explora-
lations as the Secretary of the Interior might promulgate. Obviously,
tion and development.
from the beginning, the Congress contemplated that such activities
These six areas were classified as open to mineral entry by specific
should be conducted in a manner compatible with the purposes for
legislation, generally at the time they were first authorized, Cur-
which the areas were being established.
rently, only Death Valley National Monument and Mount McKin-
It is reasonable to conclude that the Congress-which has the re-
ley National Park contain ongoing mineral production. Glacier Na-
sponsibility for the use and disposition of the public lands-has the
tional Monument contains both patented lands and valid claims,
authority to suspend an activity within the national parks until it
while Organ Pipe Cactus National Monument includes some valid
has a reasonable opportunity to determine whether such a use is con-
claims.
sistent with the public interest in preserving such areas for the use
Death Valley offers an example of the impact of mineral activity
and enjoyment of present and future generations. That is all that the
within these areas. At the time that the monument was opened to
provisions of section 4 attempt to do. It attempts to maintain the status
mineral entry, it was recognized that a significant aspect of the his-
quo until all aspects of the public interest can be determined.
tory of this area was the role of the prospector. By leaving the monu-
In the meantime, as recommended by the Committee, S. 2173 pro-
ment open to the Mining Law of 1872, it was anticipated that the
tects the interests of the claimholders involved. Section 5 expressly
picturesque figure of the prospector and his burro would continue to
waives all existing requirements to perform annual assessment work
be a part of the scene.
on claims located within the areas involved, thus eliminating the pos-
But evolving mining technology has altered this situation radically.
sibility that would otherwise exist that the claims could be invalidated.
In recent years, major surface mining operations using massive
Added to this, section 12 directs the Secretary to promptly and care-
earthmoving equipment have begun within the monument. Where
fully consider any offer to sell any private rights within the three
once the impact of mineral exploration and development was hardly
areas if he is notified that the continued private ownership of such
noticeable, the very character of Death Valley is now threatened with
rights is causing, or would result in, undue hardship. But, most im-
serious alteration. Congress is therefore faced with the choice of
portantly, section 11 permits any claimholder to take his case to court
either placing limits on future mineral development in the area, or
and to recover just compensation if he can show that he has suffered
of acceding to the continuing alteration of this unique natural fea-
any loss as a result of the enactment of this legislation.
ture, which includes the lowest point in the western hemisphere, 282
It is contemplated by the terms of the bill that the Secretary will
feet below sea level.
determine within two years the validity of the claims and recommend
These recent developments have precipiated an examination of the
to the Congress whether or not they should be acquired or, perhaps,
appropriateness of continuing the operation of the mining laws in
be excluded from the boundaries of the area involved to the extent
any of these National Park System areas. The Mining Law of 1872
that such an alternative is feasible. The remaining two-year period is
is a disposal statute. Yet it is being applied to areas that have been
to allow the Congress to review the Secretary's findings, conduct its
identified and set aside for their natural, scenic, and historic qualities.
own studies, and develop and consider any further provisions of law
The issue addressed by S. 2371 is whether or not this fundamental
that it determines appropriate.
conflict can continue.
To the Members of the Committee, this seems to be a reasonable
exercise of its power to regulate new uses of lands within the National
Park System. Such a moratorium is not unduly disruptive of the
rights of any claimholders, since they are already subject to such
6
7
regulations as the Secretary may prescribe, since other remedies are
may permit, on a case by case basis, some enlargement of the existing
available to them in hardship cases, and since adequate legal recourse
excavation of a given mine if he finds this is necessary to continue the
is provided to any aggrieved person, if the circumstances warrant such
production from that particular mine at an annual rate not exceeding
action. The moratorium, in and of itself, constitutes no compensable
the average production rate over the period 1973 through 1975. Any
taking of private property in the sense of the Fifth Amendment.
necessary minimum enlargement for this purpose would still be sub-
ject to regulation by the Secretary. The net effect of this section is to
SECTION-BY-SECTION ANALYSIS
permit the controlled operation of currently active mines within these
areas during the next four years, while minimizing the disturbance to
Section 1 makes a finding and declaration by the Congress that the
the area caused by such operations. No new mining operations would be
continued application of the mining laws of the United States to any
permitted to commence during this time. Ongoing production from
units of the National Park System is in conflict with the purposes for
underground mining operations would not be affected by this section.
which they were established, particularly in light of the changing
Section 5 protects valid existing rights in the three areas covered in
technology of mineral exploration and development. Furthermore,
section 4 by waiving the requirements for annual assessment work on
where mining operations do occur within units of the System, they
all unpatented claims within these areas. This precludes the necessity
should be conducted in such a manner as to prevent or minimize any
for any further surface disturbance of these claims during the next
damage to the area. Surface disturbance from such operations should
four years.
also be temporarily halted in certain areas while Congress makes a
Section 6 requires the Secretary to make a validity determination of
determination of the need to acquire any valid rights which may exist.
the unpatented claims in Death Valley and Organ Pipe National Mon-
Section 2 provides that the Secretary of the Interior shall have
aments, and in Mount McKinley National Park, within two years after
the specific authority to regulate all activities resulting from the exer-
enactment of this legislation. The Secretary is to submit his recommen-
cise of valid existing mineral rights within any area of the National
dations to the Congress as to whether any of the valid claims or pat-
Park System. This management control by the Secretary is in accord
ented rights should be acquired by the United States. His recommen-
with his responsibility to preserve the natural values of these areas,
dations are to be accompanied by estimates of the acquisition costs of
as expressed in the Act providing for a National Park System and
these rights, as well as a discussion of the environmental consequences
the individual Acts establishing individual areas.
of permitting mineral extraction from these areas. He is also to con-
Section 3 amends or repeals certain Acts in order to close five areas of
sider the possibilities for any boundary adjustments at Death Valley
the National Park System to mineral entry and location under the
National Monument which would exclude significant mineral deposits
Mining Law of 1872. Valid existing rights held within these areas
and thereby decrease possible acquisition costs within this area. Any
would not be abrogated, however, and patents could still eventually be
recommendations he may have for such adjustments should include an
issued for such valid claims. The six areas to be closed by action of this
assessment of the impact of such changes OR the scenic and natural
values for which the monument was.established.
section are: Crater Lake National Park, Mount McKinley National
Section 7 allows the Secretary four years to make a study similar to
Park, Death Valley National Monument, Coronado National Memorial,
that in section 6 with respect to Crater Lake National Park, Coronado
and Organ Pipe Cactus National Monument.
National Memorial, and Glacier Bay-National Monument.
In the case of Glacier Bay National Monument, most of the area is
Section 8 requires that all mining claims within the boundaries of
also closed to mineral entry. As amended by the Committee, however,
units of the National Park System must be recorded with the Secre-
the westernmost portion of the monument, as described by reference
tary of the Interior within one year after the enactment of this legis-
to particular landscape features, will continue to be subject to the 1936
lation. Any claim not recorded will be presumed to be abandoned and
Act which opened the area, with certain restrictions, to the action of
void. Recordation would not make an otherwise invalid claim valid.
the mining law.
The Secretary is to publish a notice of this requirement to record
Section 4 places specific restraints on the exercise of valid existing
claims in both the Federal Register and in appropriate newspapers in
rights within Death Valley National Monument, Mount McKinley
the vicinity of the areas involved within 30 days following enactment.
National Park, and Organ Pipe Cactus National Monument for a
Section 9 requires the Secretary to notify a person conducting any
period of four years. With respect to these areas, no further disturb-
surface mining activity which may damage or destroy a designated
ance is to be made of any lands which had not been significantly
national natural or historic landmark of the possible consequences of
disturbed for the purpose of mineral extraction prior to February 29,
such activity. The Secretary is also to make a request from the Advisory
1976. This date was adopted by the Committee as a reference point to
Council on Historic Preservation for advice on any measures that may
establish the extent of the altered lands at a specific time. The Na-
be taken to mitigate the impact of such activity. The Council is also
tional Park Service has conducted an aerial photographic inventory of
to make a report to the Congress within two years which details the
these areas as a means of detailing the limits of the disturbed areas
effects of surface mining activities on national landmarks, including
on or about that specific time.
any recommendations for legislation which may be necessary and
The intention of the Committee in approving this section is that no
appropriate to protect such landmarks from activities adversely affect-
new mining operations will be permitted to commence in these three
ing these areas.
units of the National Park System during this period of time. With
respect to ongoing mining operations within these areas, the Secretary
8
9
Section 10 is a separability provision which states that if any pro-
The Committee took up the Senate-passed bill, S. 2371, for purposes
vision of this legislation is declared invalid, such determination will
of further debate. At the request of several members of the Committee,
not affect the remainder of the Act.
a field inspection was made of Death Valley, allowing interested
Section 11 permits any claimholder to bring a cause of action for
members to make an on-site assessment of the impact of current opera-
any loss resulting from the operation of this legislation. The appro-
tions on the national monument.
priate United States District Courts are to have jurisdiction to hear
It should be emphasized that, as amended by the Committee, S. 2371
and decide such actions, and the court is to award just compensation
does not halt ongoing mineral production in Death Valley. Ongoing
if it finds that any such loss does, in fact, constitute a compensable
mining operations may continue in production, and existing surface
taking of property. Consideration of any claims brought pursuant to
mining operations may even expand in area, if necessary, to allow a
this section is to be expedited by the court.
constant level of production to be maintained.
Section 12 reaffirms that nothing in this legislation is intended to
For the next four years following the date of enactment of S. 2371,
further limit the authority of the Secretary to acquire private lands
new surface disturbances for the purpose of mineral production within
and other interests within units of the National Park System. In addi-
Death Valley and Organ Pipe National Monuments, and within Mount
tion, the Secretary is to promptly and carefully consider any offer of
McKinley National Park, will be prohibited. The Committee considers
sale of such interests within Death Valley National Monument, Mount
this temporary suspension of new activity to be a responsible exercise
McKinley National Park, and Organ Pipe Cactus National Monument,
of regulatory authority which will permit the collection of data upon
upon notification by such owner that the continued private ownership
which the Congress may make informed decisions.
of such interests is causing or would result in undue hardship. While
The Committee also adopted by a vote of 22 to 19, an amendment
no requirement is made that the Secretary must purchase such hold-
which exempts the westernmost portion of Glacier Bay National
ings, an owner of property, the use of which is temporarily restrained
Monument from the effects of the closure of the remainder of the
by this legislation, would in this way be assured of an opportunity to
monument to mineral entry. Under this amendment, this portion of the
negotiate with the Secretary for what could be a mutually desirable
monument, which is now undergoing a mineral survey by the Depart-
sale.
ment of the Interior, would remain open to the filing of additional
LEGISLATIVE HISTORY
claims.
The inconsistency associated with the application of the mining laws
In ordering S. 2371 reported, the Committee reaffirms its ongoing
of the United States to national parks and monuments has been recog-
concern that the greatest possible protection be given to the National
nized for years. The Public Land Law Review Commission, in making
Park System. Although there are resource values associated with
its comprehensive report in 1970, recognized that it is not in the
practically all national park lands, these areas have been established
national interest to permit mining operations within these areas.
by the Congress for the express purpose of preserving their scenic
The Commission went on to recommend that Congress repeal the
beauty unique natural characteristics. S. 2371 is a necessary step in
statutes which opened these lands to mineral entry, and that all non-
assuring that all these lands will receive the full protection which
conforming uses in such areas be prohibited by law. It should be noted
will preserve their scenic and natural values.
that, of the more than 100 new units which have been added to the
COST
National Park System over the past two decades, not a single such area
has been established subject to mineral entry.
S. 2371 does not authorize any additional amounts for land acquisi-
Interest during this Congress in the status of the six existing areas
tion or development purposes. The central thrust of the bill is simply
which are still subject to the mining law was sparked by the rapid
to withdraw the affected lands from further mineral entry. Existing
expansion of surface mining in Death Valley National Monument.
valid rights are not affected, except for the carefully limited restraints
This clear and immediate threat to the visual integrity of the valley
as discussed in this report. The legislation was also specifically amended
led to the introduction of legislation in both the Senate and the House
by the Committee to clearly state that the existing authority of the
of Representatives. House hearings were conducted by the Subcommit-
Secretary to acquire lands within the National Park System is not to
tee on National Parks and Recreation on October 6, 1975. The Ad-
be affected by the enactment of S. 2371. There will be some adminis-
ministration witness for the Department of the Interior testified in
trative expense to the National Park Service in carrying out the
support of the legislation, while recommending certain amendments.
studies required by S. 2371, but these costs will be a relatively small
During the hearings, much testimony was received concerning the
part of normal agency operating funds.
importance of the mineral deposits within the National Park System,
which totals less than one percent of the land area of the United States.
BUDGET ACT COMPLIANCE
Of the six individual units now open to mineral entry, only one, Death
Valley, is presently contributing significant production. Current borate
No significant impact on the budget is expected from enactment of
mining within the monument represents about three percent of ongoing
this legislation. It should be pointed out that once Congress receives
United States production, some of which is exported. Approximately
the studies required by S. 2371, it will have the information needed to
one percent of the annual talc production of the country also comes
consider the possibility of directing the Secretary to acquire the out-
from the monument.
standing valid mineral rights in these areas. Such an action in the
H. Rept. 94-1428-2
10
11
future could amount to a considerable Federal expense. The current
7. A new section is added to the legislation, specifically
legislation, however, will simply provide the Congress with the esti-
stating that nothing in the measure shall limit the existing
mated cost of such acquisitions, SO that an informed decision may be
authority of the Secretary to acquire lands within the Na-
made at a later date.
tional Park System. The Secretary is also instructed to con-
INFLATIONARY IMPACT
sider offers to sell private lands or interests within the three
S. 2371 permits continued mineral production in those instances
areas affected by the restraining language of section 4.
where it now occurs within the National Park System. No inflationary
COMMITTEE RECOMMENDATION
impact should result from its enactment. Some operating funds will be
committed by the National Park Service to conduct the studies required
On June 8, 1976, after adopting the amendments as discussed above,
by the legislation, but these will mainly amount to a reordering of
the Committee on Interior and Insular Affairs, meeting in open ses-
priority assignments for some agency personnel.
sion, ordered reported S. 2371, as amended, by a recorded vote of 34
ayes, 5 nays, and 1 present. The Committee recommends that the bill,
OVERSIGHT STATEMENT
as amended, be approved.
The hearings and inspection trip conducted by the Committee in-
cluded a review of the past administration of the National Park Sys-
DEPARTMENTAL REPORT
tem areas which are affected by this measure. Earlier legislative his-
The favorable report of the Department of the Interior on H.R.
tory regarding the statutes opening these lands to mineral entry was
9799, dated October 3, 1975, and the supplemental report dated April 6,
also reviewed. No recommendations were submitted to the Committee
1976, are here printed in full
pursuant to Rule X, Clause 2 (b) (2).
U.S. DEPARTMENT OF THE INTERIOR,
COMMITTEE AMENDMENTS
OFFICE OF THE SECRETARY,
The amendments adopted by the Committee are as follows:
Washington, D.C., October 3, 1975.
Hon. JAMES A. HALEY,
1. Although the Act of 1936 which opened the area to
Chairman, Committee on Interior and Insular fairs,
mineral entry is specifically repealed, the westernmost portion
House of Representatives, ashington, D.C.
of Glacier Bay National Monument will continue to be sub-
DEAR MR. CHAIRMAN This responds to the request of your Com-
ject to the provisions of that Act insofar as mineral entry is
mittee for our views on H.R. 9799, a bill "To prohibit certain incom-
concerned.
patible activities within any area of the National Park System, and
2. A technical change is made to clarify the repealer of the
for other purposes."
provision opening Coronado National Memorial to mineral
We recommend enactment of H.R. 9799 if amended as suggested
entry.
beginning on page four of this report.
3. A revision is made to section 4 which provides that areas
H.R. 9799 would prohibit, subject to valid existing rights, the ex-
within Death Valley and Organ Pipe Cactus National Monu-
ploration, mining, and purchase of all valuable mineral deposits within
ments and Mount McKinley National Park which were not
any area of the National Park System. (The term "valid existing
disturbed as of February 29, 1976, are not to be disturbed for
rights" includes not only patented mining claims but also unpatented
a four-year period in order to allow the Secretary to make
claims which were validly located and have been maintained as re-
the studies called for in this legislation and to permit the
quired by the mining laws.) Section 2 of the bill repeals provisions
Congress to consider his recommendations. A proviso allows
of existing law which permit mining within 5 areas of the National
enlargement of existing mining operations as necessary to
Park System. Section 3 of the bill provides that the Secretary of the
continue current mineral production.
Interior may promulgate such rules and regulations as he deems nec-
4. Additions are made to ensure that the studies required
essary and appropriate for governing the exercise of valid existing
by sections 6 and 7 will include the estimated acquisition costs
rights of mining and exploration, in any area of the National Park
of any valid or patented claims, as well as a discussion of the
System, for the protection and management of any such area.
consequences of mining operations in those areas. The Secre-
H.R. 9799 concerns five areas of the National Park System which
tary is also to submit any recommendations he may have for
are open, by statute, to location, entry, and patent under the mining
boundary changes at Death Valley National Monument.
laws of the United States. The five areas mentioned in the bill are:
5. A requirement is made that the Secretary will publish
Glacier Bay National Monument, Alaska; Death Valley National
notices in the Federal Register and in appropriate local news-
Monument, California; Coronado National Memorial, Arizona; Mount
papers to publicize the requirement that mining claims be
McKinley National Park, Alaska; and Organ Pipe Cactus National
recorded with the Secretary.
Monument, Arizona. Mining activity occurs in varying degrees in these
6. A revised separability section is inserted conforming to
areas. The extent of the mining activity in each of these areas and the
language used in recent legislation.
available mineral survey data on each area is as follows:
12
13
(1) Glacier Bay National Monument, Alaska.-Although more min-
some old mining cuts and open pits. There has been no mining activity
eral survey data is needed in order to evaluate the full mineral potential
within the memorial since it was created in 1952. The geological evalua-
of this area, this national monument is known to contain a variety of
tion of the area does not indicate the presence of sufficient mineraliza-
mineral deposits, including copper, molybdenum, nickel, gold, tita-
tion to support any further mining activity.
nium, and iron. The mining claims within the monument contain re-
(4) Mount McKinley National Park. Alaska.-There are an esti-
sources of one billion pounds of nickel, but this represents only 1 per-
mated 300 unpatented mining and millsite locations within the park
cent of the total U.S. nickel resource, and 600 million pounds of copper.
and no patented mining claims. The current mineral production in the
There are an estimated 270 unpatented mining and millsite locations,
park is from a surface mine and consists of approximately 100 tons of
and 20 patented mining claims within the monument. There has been
antimony ore per year having a gross value of $60,000.
very little production of minerals from these properties. The U.S.
(5) Organ Pipe Cactus National Monument, Arizona.-There are
Geological Survey and the Bureau of Mines, of this Department, are
approximately 3,000 unpatented mining and millsite locations within
currently cooperating in the conduct of a mineral survey of the
this national monument and no patented claims. Although there is now
monument.
some ongoing exploration activity within the monument, there is no
(2) Death Valley National Monument, California.-In 1974, ap-
production of any mineral.
proximately 3 percent of our annual domestic production of boron
There is a sixth area (not covered in H.R. 9799) of the National Park
minerals and 100,000 tons of talc were mined from the monument area,
System which may be technically open to location, entry, and patent
which represents less than 1 percent of our annual domestic production.
under the mining laws of the United States: Crater Lake National
Although a complete mineral study has not been made of this monu-
Park in Oregon. There are no unpatented or patented mining claims
ment, gold, silver and tungsten mineralization are also known to occur
or locations within the park and, thus, there is currently no mining
in the area. There are presently an estimated 50,000 unpatented mining
activity within the park. The Act of May 22, 1902 (32 Stat. 202) that
millsite locations within the monument. There are 267 patented mining
established Crater Lake National Park stated that "Crater Lake Na-
claims covering 7,106.63 acres within the monument.
tional Park shall be open, under such regulations as the Secretary of
There are a total of 10 producing mines in Death Valley National
the Interior may prescribe, to all scientists, excursionists, and pleasure
Monument. Current production from these mines is talc, and ulexite
seekers and to the location of mining claims and the working of the
and colemanite which are boron minerals. There are three talc com-
same." However, the Act of August 21, 1916 (39 Stat. 522), provided
panies producing from the monument and all have alternate sources
that the Secretary of the Interior shall make rules for the protection
of this material outside the monument. Tenneco is the sole producer of
of the property therein "especially for the preservation from injury
ulexite and colemanite within the monument, and the company has filed
or spoilation of all timber, mineral deposits other than those legally
new claims on ulexite and colemanite deposits outside the monument
located prior to the date of enactment of this Act, natural curiosities,
as well as within it. Death Valley contains the only known significant
or wonderful objects within said park. Since the Act of 1916 did
domestic reserves of the specific high grade borate colemanite. This
not specifically repeal the mining language in the 1902 Act, there is
area supplies 80 percent of domestic colemanite production, which is
some confusion in the law as to whether Crater Lake National Park is
used in the manufacture of filament grade fiberglas; it could continue
open to mining activity.
the present rate of production for at least 100 years on known reserves
In 1974, this Administration transmitted legislative proposals to the
within the monument.
93d Congress which recommended that certain portions of Death Val-
Borates and talc represent the total current mineral production from
ley National Monument, Crater Lake National Park and Organ Pipe
Death Valley National Monument. Their production from the monu-
Cactus National Monument be included in the Wilderness Preservation
ment has a market value of nearly $15 million annually. The main im-
System. In addition to including these areas of the National Park Sys-
pact on the monument is the use of open pit methods to mine borates
tem within the Wilderness System, each of our legislative proposals
(including ulexite and colemanite) by Tenneco that began in 1971, and
specifically closed the entire park or monument to mining activity by
older talc mines. Tenneco's Boraxo pit now is some 3,000 feet by 600
providing for the repeal, subject to existing rights, of the statute which
feet and is 220 feet deep, while its Sigma pit is 500 feet by 400 feet, and
extended the mining laws to each park or monument.
is more than 75 feet deep. Both are being enlarged by ongoing mining
Furthermore, this Administration's proposed "Alaska Four Sys-
and the spoil or waste dumps are highly visible from the scenic road
tems" legislation contains a provision for the repeal, subject to valid
to the Dante's View overlook. Other even larger Tenneco deposits in
existing rights, of the statute which opened Mount McKinley National
the same general area of the monument have proven reserves of borates,
Park to mining.
but have not been developed for production as yet.
With respect to the Glacier Bay National Monument, in 1974, the
Talc production from the monument is currently nearly 100,000 tons
Administration recommended that a mineral survey of the national
per year. Talc reserves in the monument are estimated to be sufficient to
monument be completed before proposing any lands therein for in-
sustain production for over 25 years.
clusion in the Wilderness System. The U.S. Geological Survey and the
(3) Coronado National Memorial, Arizona.-There are no unpat-
Bureau of Mines are conducting such a mineral survey pursuant to this
ented or patented mining claims within the memorial. Some mining
recommendation.
claims were located within the memorial in the past, as evidenced by
Although we are cognizant of the problems of mineral sufficiency
and the need for increased mineral production in the future, we also
14
15
recognize the need for preserving the natural environment of our Na-
tional Park System. The Secretary is authorized to require appropri-
tional Park System.
ate performance bonds to assure compliance with such regulations.
Accordingly, we support the enactment of H.R. 9799 if it is amended
(c) Within the areas mentioned in Section 2, all mining claims un-
as described below:
der the Mining Law of 1872, as amended and supplemented (30 U.S.C.
1. We recommend that the title of H.R. 9799 be revised to read as
Chapters 2, 12A, and 16 and sections 161 and 162) shall be recorded
follows:
with the Secretary of the Interior within one year after the effective
"To provide for the regulation of mining activity within and repeal
date of this Act or within thirty days of location of a claim, which-
the application of the mining laws to certain areas of the National
ever is later. Any mining claim not so recorded shall be conclusively
Park System, and for other purposes."
presumed to be abandoned and shall be void. Such recordation will not
2. We recommend that section 1 of the bill (page 1, lines 3 thru 6)
render valid any claim which was not valid on the effective date of this
be deleted and that the following language be inserted in lieu thereof:
Act, or which becomes invalid thereafter."
"The Congress finds and declares that-
Our first amendment would merely clarify our objectives in this
(a) The level of technology of mineral extraction and development
legislation by providing an appropriate description of the bill in the
has changed radically since the enactment of the Mining Law of 1872,
title.
and the application of that law to areas of the National Park System,
The second amendment would provide Congressional recognition of
and as a result of these technological advances, the application of the
changes in mining technology during the past century and of the effect
mining law to these areas may conflict with the purposes for which
of mining in certain areas of the National Park System on interstate
they were established;
commerce. This amendment would be an assertion by Congress of its
(b) Mining operations in certain areas of the National Park System
constitutional authority under the commerce clause to regulate mining
affect interstate commerce, and the well-being, security and general
activities on privately owned lands as such activities affect interest
welfare of the Nation, and should be conducted in an environmentally
commerce.
sound manner."
Our third amendment would preserve valid existing rights in those
3. We recommend that page 1, line 7 the words "The following
areas in the Park System which would be closed to future mining by
statutes are hereby repealed" be deleted and that the following words
section 2 and would expressly state that by repeal of these statutes
be inserted in lieu thereof:
these units of the System would be so closed.
"Subject to all valid existing rights, the following Acts are amended
Our fourth amendment would, first, delete the Glacier Bay National
or repealed as indicated in order to close these areas to entry and loca-
Monument from consideration in the bill. We believe that the mineral
tion under the mining laws of the United States:"
survey of Glacier Bay National Monument should be completed before
4. We recommend that all of section 2(1) be deleted and that the
any action is taken to close the area to mining. Secondly, the new
following language be inserted in lieu thereof as a new section 2(1)
section 2(1) which we proposed would delete the language in the 1902
"(1) The first proviso of section 3 of the Act of May 22, 1902 (32
Act which left Crater Lake National Park open to mining activity.
Stat. 203; 16 U.S.C. 123), relating to Crater Lake National Park, is
Our fifth amendment is merely a technical amendment to repeal both
amended by deleting the words
and to the location of mining
statutes that are currently applicable to mining in Mt. McKinley
claims and the working of same'."
National Park.
5. We recommend that on page 2, line 10 the following language be
Our sixth amendment would provide basic authority for the Secre-
inserted just before the semicolon:
tary to prescribe regulations governing mining activities within these
"and section 2 of the Act of January 26, 1931 (46 Stat. 1043; 16
specified units of the National Park System.
U.S.C. 350a), relating to Mount McKinley National Park;"
The Office of Management and Budget has advised that there is no
6. We recommend that section 3 on page 2 be deleted in its entirety
objection to the presentation of this report from the standpoint of the
and that the following language be inserted as a new section 3:
Administration's program.
"SEO. 3. Within the boundaries of Crater Lake National Park, Death
Sincerely yours,
Valley National Monument, Coronado National Memorial, Mt. Mc-
NATHANIEL P. REED,
Kinley National Park and Organ Pipe Cactus National Monument,
Acting Secretary of the Interior.
all activities resulting from the exercise of valid existing mineral
rights on patented or unpatented mining claims shall be subject to
U.S. DEPARTMENT OF THE INTERIOR,
regulations prescribed by the Secretary of the Interior.
OFFICE OF THE SECRETARY,
(a) Such regulations shall provide, insofar as practicable, for the
ashington, D.C., Aprib 1976.
protection, preservation and reclamation of the lands, the scenic,
Hon. JAMES A. HALEY,
natural and historic objects, and the wildlife within these specified
Chairman, Committee on Interior and Insular Affairs, House df
areas of the National Park System.
Representatives, Washington, D.C.
(b) As soon as possible following the date of enactment of this Act,
DEAR MR. CHAIRMAN: On October 3, 1975 we transmitted our views
the Secretary shall promulgate and publish in the Federal Register
to your Committee on the introduced bill H.R. 9799, a bill "To prohibit
regulations governing surface and subsurface mining activities, rec-
certain incompatible activities within any area of the National Park
lamation, and ancillary operations in these specified areas of the Na-
System, and for other purposes." The following day we reported on
16
17
similar legislation, S. 2371, to the Senate Committee on Interior and
ists, and pleasure seekers [and to the location of mining claims and
Insular Affairs. On February 4, 1976 the Senate passed S. 2371, and we
the working of the same] And provided further, That restaurant
understand that your Committee will shortly be marking up S. 2371 as
and hotel keepers, upon application to the Secretary of the Interior,
amended by your Subcommittee on Parks and Recreation.
may be permitted by him to establish places of entertainment within
Although we strongly supported this legislation to close certain
the Crater Lake National Park for the accommodation of visitors, at
units of the National Park System to entry, location, and patent under
places and under regulations fixed by the Secretary of the Interior,
the mining laws, we urged against such action with respect to Glacier
and not otherwise.
Bay National Monument in Alaska. In our report on H.R. 9799 we
explained that in 1974 the Administration had recommended the com-
MOUNT McKINLEY NATIONAL PARK
pletion of a mineral survey of Glacier Bay National Monument before
proposing any land therein for inclusion in the National Wilderness
AcT OF FEBRUARY 26, 1917 (39 STAT. 938; 16 U.S.C. 350)
System. Pursuant to that recommendation the U.S. Geological Survey
and the Bureau of Mines are presently conducting such a mineral sur-
vey. We, therefore, recommended that the bill be amended to delete
[SEC. 4. Nothing in this Act shall in any way modify or effect the
Glacier Bay from consideration because we continued to believe that
mineral land laws now applicable to the lands in the said park.
a mineral survey of the national monument should be completed
before any action is taken to close the area to mining. We made a
Act OF JANUARY 26, 1931 (46 STAT. 1043; 16 U.S.C. 350a)
similar recommendation to the Senate Committee with respect to
S. 2371. We wish to reiterate our firm belief that Glacier Bay National
Monument should not be included in this legislation SO that the Admin-
[SEC. 2. That hereafter the Secretary of the Interior shall have-
istration and the Congress will have the benefit of the information
authority to prescribe regulations for the surface use of any mineral™
derived from the ongoing mineral survey before any action is taken to
land locations already made or that may hereafter be made within
close the monument to mining.
the boundaries of Mount McKinley National Park, in the Territory
For your information, I am enclosing a copy of our report on the
of Alaska, and he may require registration of all prospectors and
introduced bill H.R. 9799. That report also contains a more detailed
miners who enter the park: Provided, That no resident of the United
explanation of the available mineral data with respect to Glacier
States who is qualified under the mining laws of the United States
Bay National Monument.
applicable to Alaska shall be denied entrance to the park for the pur-
Sincerely yours,
pose of prospecting or mining.]
ToM KLEPPE,
Secretary of the Interior.
Enclosure.
DEATH VALLEY NATIONAL MONUMENT
CHANGES IN EXISTING LAW
ACT OF JUNE 13, 1933 (48 STAT. 139; 16 U.S.C. 447)
In compliance with clause 3 of rule XIII of the Rules of the House
of Representatives, changes in existing law made by the bill, as re-
[Be it enacted by the Senate and House of Representatives of the
ported, are shown as follows (existing law proposed to be omitted is
United States of America in Congress assembled, That the mining
enclosed in black brackets, new matter is printed in italic, existing
laws of the United States be, and there are hereby, extended to the area
law in which no change is proposed is shown in roman)
included within the Death Valley National Monument in California,
or as it may hereafter be extended, subject, however, to the surface
CRATER LAKE NATIONAL PARK
use of locations, entries, or patents under general regulations to be
prescribed by the Secretary of the Interior.]
ACT OF MAY 22, 1902 (32 STAT. 203 U.S.C. 123)
GLACIER BAY NATIONAL MONUMENT
SEC. 3. That is shall be unlawful for any person to establish any
settlement or residence within said reserve, or to engage in any lum-
AcT OF JUNE 22, 1936 (49 STAT. 1817)
bering, or other enterprise or business occupation therein, or to enter
[Be it enacted by the Senate and House of Representatives of the-
therein for any speculative purpose whatever, and any person vio-
United States of America in Congress assembled, That in the area
lating the provisions of this Act, or the rules and regulations estab-
within the Glacier Bay National Monument in Alaska, or as it may
lished thereunder, shall be punished by a fine of not more than five
hereafter be extended, all mineral deposits of the classes and kinds
hundred dollars, or by imprisonment for not more than one year, and
now subject to location, entry, and patent under the mining laws of
shall further be liable for all destruction of timber or other property
the United States shall be, exclusive of the land containing them,
of the United States in consequence of any such unlawful act: Pro-
subject to disposal under such laws, with right of occupation and
vided, That said reservation shall be open, under such regulations as
use of SO much of the surface of the land as may be required for all
the Secretary of the Interior may prescribe, to all scientists, excursion-
purposes reasonably incident to the mining or removal of the minerals.
18
19
and under such general regulations as may be prescribed by the Secre-
tary of the Interior.] 1
We are dismayed, therefore, at the Committee's decision to exclude
the western coast of Glacier Bay National Monument in Alaska from
CORONADO NATIONAL MEMORIAL
the provisions of the bill. The vote on this was close (22-19). Debate
on the issue was intense, and often misleading. Despite what oppon-
Act OF AUGUST 18, 1941 (55 STAT. 631; 16 U.S.C. 450y-2)
ents have stated, the inclusion of Glacier Bay would not have had any
significant effect on current levels of mineral production or on the
nation's economy.
SEC. 3. The Secretary of the Interior, under such regulations as shall
Indeed, the monument contains but a tiny fraction of the nation's
be prescribed by him, which regulations shall be substantially similar
nickel-an estimated 200 million tons in Glacier Bay, compared to
to those now in effect, shall permit-
six and a half billion tons in Minnesota. No nickel mining has yet
[(a)] Grazing of livestock within the memorial area to the extent
occurred in the monument, and it is still uncertain as to whether the
now permitted within the said area when such grazing will not inter-
minerals can be recovered economically.
fere with recreational development authorized by this Act. [; and
At present there are 270 unpatented and 20 patented claims in the
(b) Prospecting and mining within the memorial area, when not
area excluded from the bill. The bill would not have prevented the min-
inconsistent with the public uses thereof. Rights to minerals in the
ing of these claims. Unlike the provision for Death Valley, there
area shall not extend to the lands containing such minerals, but the
would have been no added restrictions on mining, even temporarily.
Secretary of the Interior shall grant rights to use SO much of the
Existing Federal regulations would remain unchanged.
surface of the lands as may be required for all purposes reasonably
The bill would, however, have prevented the staking of new claims.
incident to the mining and removal of the minerals.]
This is essential because of the nature of the mining laws-which allow
*
anyone to stake a claim and, if the claim is patented, gives the owner
actual title to the land. A ban on new mineral entry is especially im-
ORGAN PIPE CACTUS NATIONAL MONUMENT
portant now, as the Department of the Interior is conducting a mineral
survey prior to proposing wilderness designation for the monument.
ACT OF October 27, 1941 (55 STAT. 745; 16 U.S.C. 450z)
When information from the survey becomes available, prospecting for
claims may intensify, causing degradation to many parts of the monu-
[Be it enacted by the Senate and House of Representatives of the
ment and the loss of the very qualities which the Wilderness Act was
United States of America in Congress assembled, That within the
intended to preserve.
Organ Pipe Cactus National Monument in Arizona all mineral depos-
Visits to Glacier Bay as a whole have grown tremendously in the
its of the classes and kinds now subject to location, entry, and patent
past few years, from 6,000 in 1961 to 47,000 in 1974 and 71,000 in 1975.
under the mining laws of the United States shall be, exclusive of the
Seven years ago there was only one cruise ship in Glacier Bay, while
land containing them, subject to disposal under such laws, with right
this year there were 110 ships bringing in 54,000 people. Although the
of occupation and use of so much of the surface of the land as may be
coast is less frequented, it is as accessible, by ship or plane, as any other
required for all purposes reasonably incident to the mining or removal
visited area of the monument.
of the minerals and under such general regulations as may be pre-
The western coast of Glacier Bay is not an icy wasteland, devoid of
scribed by the Secretary of the Interior.]
scenic, recreational, and wildlife values. It is, on the contrary, one of
the most spectacularly beautiful areas of the monument. The beaches
SUPPLEMENTAL VIEWS
are used for both hiking and fishing. The area contains 23 percent of
The overwhelming (34-5) Committee vote in favor of S. 2371
the monument's wildlife habitat (211,000 acres) and is the travel route
clearly shows the concern of the members for the threat posed by
for most of the park's wildlife, such as brown bears and wolves.
stripmining in some of our greatest National Parks. The purpose of
Glacier Bay's coastline is 132 miles long, extends out 3 nautical miles
the National Park System is to preserve, intact, the best of our nation's
and encompasses 312 square miles. It is the only de facto coastal wil-
natural and historical treasures for present and future generations.
derness along the Gulf of Alaska which is free of incompatible activi-
Mining, particularly stripmining such as is occurring in a massive
ties. It is, furthermore, the only wild, completely protected sea/land
way in Death Valley National Monument, is incomparable with the
interface within the entire Pacific Rim, from the tip of the Aleutians,
concept of our national parks.
to Baja, California.
The legislation is fair and reasonable. It would protect all valid
All of Glacier Bay National Monument should be given the protec-
existing rights and allow present mining, under Federal regulations,
tions contained in S. 2371. The legislation is not an extreme measure.
to continue. Most important, it would call a halt to the staking of
It is a compromise that protects existing private interests while assur-
new claims and thus prevent even wider devastation in the future.
ing that they do not have priority over the public interest. This pro-
1 The intention of the Committee amendment (approved by a vote of 22 to 19) is to
repeal the authority to locate and patent any new mining claims within the boundaries
of Glacier Bay National Park but to retain in effect the provisions of the Act of June 22,
1936 (49 Stat. 1817) with respect to the area specifically delineated by section 3(e) of this
legislation.
20
21
tection is as much needed in Glacier Bay as it is in Death Valley or
We do not support this legislation and encourage our colleagues,
any of our other great national parks.
should it reach the floor of the House, to reject it.
JOHN SEIBERLING,
STEVE SYMMS,
Mo UDALL,
DON YOUNG,
SAM STEIGER.
PATSY T. MINK,
TENO RONCALIO,
JOSEPH P. VIGORITO,
JIM WEAVER,
JONATHAN BINGHAM,
BoB KASTENMEIER,
BoB Carr,
GEORGE MILLER,
PHILLIP BURTON,
BoB ECKHARDT,
JAMES FLORIO,
PAUL E. TSONGAS,
ALAN STEELMAN.
DISSENTING VIEWS
S. 2371, as reported by the Committee, contains restrictions on future
mineral exploration and mining in Death Valley National Monu-
ment which can only be construed as an environmental overkill that
will ultimately hurt the country. Many advocates of a mining ban in
the Monument evidently do not appreciate the size of the area that
would thus be withdrawn from further mineral productivity-an area
larger than the total combined acreage of all five California National
Parks: Yosemite, Sequoia, Kings Canyon, Lassen Volcanic, and Red-
wood. Minerals currently being removed from the Monument con-
stitute a significant contribution to the American economy, and pro-
hibition of their continued production will inevitably lead to increased
costs to the consumer and to increased dependence on foreign mineral
supplies. Data received from the U.S. Bureau of Mines reflects the ser-
iousness of our dependence on imports of the mineral colemanite from
Turkey. At the present time, we import approximately 35 per cent of
our domestic consumption of colemanite from Turkey but as a result
of the prohibition which will ultimately become effective in the Monu-
ment, the U.S. will be importing 100 percent of its colemanite in the
reasonably near future. In addition, the other critical borate mineral,
ulexite, which is also currently being produced solely from the Monu-
ment will be precluded from satisfying domestic consumptive demands.
Where do we go from here?
The withdrawal of the opportunity to mine on public lands is an ac-
celerating phenomenon that must be slowed or reversed if the United
States is to continue to supply a significant proportion of its own min-
eral resources. It is a serious matter to carry out withdrawals of the
public lands without adequate knowledge of the values being lost. It
is an incomparably greater mistake to enact legislation which would
sacrifice, not merely the possible existence, but indeed the known ex-
istence, of valuable mineral resources that are essential to maintaining
the delicate balance between mineral supply and demand in this
country.
1
LIBRARY
FORD
DERAIS
S. 2371
Ainety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
An Art
To provide for the regulation of mining activity within, and to repeal the appli-
cation of mining laws to, areas of the National Park System, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Congress
finds and declares that-
(a) the level of technology of mineral exploration and develop-
ment has changed radically in recent years and continued appli- n
cation of the mining laws of the United 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 necessary 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
Park, 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
S. 2371-2
(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 annual 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 existing excava-
tion may be disturbed to the minimum extent necessary to effect 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 Revised 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,
S. 2371-3
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.
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
S. 2371-4
(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
respect to such disclosures and the actions taken in regard thereto
during the preceding calendar year.
(c) In the rules prescribed in subsection (b) of this section, the
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-
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.