199 



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 esti- 

 mated acquisition costs of such claims, and a dis- 

 cussion of the environmental consequences of the 

 extraction of minerals from these lands. The Sec- 

 retary 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 significant 

 mineral deposits and to decrease possible acquisi- 

 tion costs. 



Sec. 7. Within four years after the date of enact- 

 ment of this Act, the Secretary of the Interior shall 

 determine the validity of any unpatented mining 

 claims within Crater Lake National Park, Coro- 

 nado National Memorial, and Glacier Bay National 

 Monument, and submit to the Congress recom- 

 mendations 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 min- 

 ing 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 thereafter. Within thirty 

 days following the date of enactment of this Act, 

 the Secretary shall publish notice of the require- 

 ment for such recordation in the Federal Regis- 

 ter. He shall also publish similar notices in news- 

 papers 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 In- 

 terior finds on his own motion or upon being 

 notified In writing by an appropriate scientific, 

 historical, or archeological authority, that a dis- 

 trict, site, building, structure, or object which has 

 been found to be nationally significant in illus- 

 trating natural history or the history of the 

 United States and which has been designated as 

 a natural or historical landmark may be irrepar- 

 a/bly lost or destroyed in whole or in part by any 

 surface mining activity. Including exploration for 

 or removal or production of minerals or materials, 

 he shall notify the person conducting such ac- 

 tivity 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 Pre- 

 servation, 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 ac- 

 tivity. 



(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 landmarks and shaU 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 1/D. 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 unpat- 

 ented mining claim subject to this Act who be- 

 lieves 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 compensation, which 

 shall be awarded if the court finds that such loss 

 constitutes 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. 



SXTNSHINE m GOVERNMENT 



Sec 13. (a) Each oflScer or employee of the Sec- 

 retary 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 

 I>erson who holds a mining claim within bound- 

 aries 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 ofiBcer or employee 

 during the preceding calendar year. Such state- 

 ment 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 In- 

 terest" for purposes of subsection (a) of this 

 section; and 



(B) to establish the methods by which the 

 requirement to file written statements specified 

 in subsection (a) of this section will be moni- 

 tored and enforced. Including appropriate 

 provisions for the filing by such ofiBcers and 

 employees of such statements and the review 



