Page:United States Statutes at Large Volume 94 Part 2.djvu/1127

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-487—DEC. 2, 1980

94 STAT. 2405

(B) upon failure of the lessee to use the leased site for two consecutive years unless such nonuse is waived annually by the Secretary. (g) ACCESS TO MINING CLAIMS.—The holder of an unperfected mining claim with respect to which a valid mineral discovery is made under an exploration permit under this section shall be entitled to the same access rights as the holder of a valid mining claim is entitled to under section 1110. The holder of the unperfected claim with Post, p. 2464. respect to which an exploration permit is in effect under this section shall be entitled to such adequate access, as described in section 1110 as may be necessary to carry out exploration under such permit. (h) PUBLIC NOTICE.—The Secretary shall provide public notice of the requirements of this section not later than ninety days after the date of the enactment of this Act. (i) SAVINGS PROVISION.—

(1) Nothing in this section shall impair any valid existing right. (2) Nothing in this section diminishes authorities of the Secretary under any other provision of law to regulate mining activities. (3) Nothing in this section shall be construed to affect, in any way, any other provision of Federal law outside the State of Alaska. (j) This section shall not apply to any unperfected mining claim which is located within one mile of the center line of the Blossom River from its headwaters to its confluence with the Wilson Arm. FISHERIES ON NATIONAL FOREST LANDS IN ALASKA

SEC. 505. (a) The Secretary of Agriculture shall, in consultation with the Secretaries of Commerce and the Interior, and with the State of Alaska, pursuant to his existing authority to manage surface resources, promulgate such reasonable regulations as he determines necessary after consideration of existing laws and regulations to maintain the habitats, to the maximum extent feasible, of anadromous fish and other foodfish, and to maintain the preseiit and continued productivity of such habitat when such habitats are affected by mining activities on national forest lands in Alaska. The Secretary of Agriculture, in consultation with the State, shall assess the effects on the populations of such fish in determinations made pursuant to this subsection. 0>) Because of the large scale of contemplated mining operations and the proximity of such operations to important fishery resources, with respect to mining operations in the Quartz Hill area of the Tongass National Forest, the regulations of the Secretary shall, pursuant to this subsection, include a requirement that all mining operations involving significant surface disturbance shall be in accordance with an approved plan of operations. Before approving any proposed plan or distinct stages of such plan of operations for any such claims when any fishery habitat or fishery value may be affected, the Secretary shall, in consultation with the Secretaries of Commerce and the Interior and the State of Alaska, determine— (1) that such plan or stages of such plan are based upon and shall include studies or information which he determines are adequate for— (A) evaluating the water quality and water quantity, fishery habitat, and other fishery values of the affected area; and

Regulations. 16 USC 539b.

Assessment.

Approved plan of operations, requirement.