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MINERAL DEVELOPMENT' development of existing claims and mines is allowed in some parks, including some Alaska parks that con- tain large numbers of valid patented and unpatented mining claims. Many parks also contain privately- held mineral rights on private, state or native inhold- ings; and in a few parks, leasing of hard rock miner- als is authorized by law. Furthermore, possible development of minerals found in the beds of naviga- ble rivers could present threats to parks throughout the National Park System because federal law granted ownership of those riverbeds to states at statehood. Finally, numerous mining claims and some active mines dot park watershed lands that extend beyond park boundaries. The 1872 Mining Law30 lies at the root of most of the problems presented by mineral development and abandoned mines. The 1872 Mining Law permits mining claims to be staked on any public land not specifically withdrawn from mineral entry, and gives the claim holder a perpetual right to these claims if claim holders perform only a bare minimum of annual "assessment" work. Furthermore, if a "valu- able mineral deposit" is discovered, the 1872 Mining Law assures claimants a right to conduct mineral operations, as well as the opportunity to acquire title (or "patent") to the claimed lands. While the filing of mining claims is prohibited in parks, only limited areas outside parks have been withdrawn from min- eral entry. As a result, mining claims blanket the West and dot park watershed lands. In addition, many claims have become included in parks as parks were established. Wrangell-St. Elias National Park and Preserve, for example, includes 900 patented or unpatented mining claims covering 20,000 acres. The Park Service has adopted a plan to pur- chase mining claims within Alaska national park units, where mining presents the most serious threat. However, it remains uncertain whether Congress will appropriate the needed funds before mining pro- ceeds. If development of a mine is proposed within a park unit, however, some protection is available. Park Service regulations require Park Service review of detailed mining "plans of operation." Under the regu- lations, mining plans can be disapproved in certain circumstances if adverse impacts can not be avoided: Unfortunately, these regulations apply only to feder- ally-granted mining claims, both patented and unpatented. They do not apply to mineral activity on native, state or "nonpatented" private inholdings, or to proposed mining operations on park watershed lands. Furthermore, although access to water is a crit- ical constraint on mineral development in the parks, the Park Service is currently proposing to weaken its existing regulations that control the use of park waters for mining. Oil and gas development presents similar prob- NPCA RECOMMENpATIQNS: Congress shouid provide the Park Service with new statutory authorities and funding adequate to protect park waters and water-related resources from impairment due to mining and oil and gas activities. Corigress~Should: ~ . ~ ~ ~~ ~ ~ ~ ~ ~~ i. Adequately fund Park Service purchase of valid patented and unpatented mining claims in National Park System unitsin a timely manner: ~ ~. ~ ~ ~" 2: Provide the Park Service and the Environmental Protection Agency with adequate funding to identify aitd, assess threats _to ,park uvat~z resources frarxi abandoned mining and oil and gas sites. Where federal or ~sfat~ agencies have failed to take the actions needed tb provide for-clean up of sites that threaten park ~,vaters, atitltorize the Park Service to require the appropriate agency to initiate the necessary prpceeclings. 3. Reform, the.1872 Mining Law to: prohibit staking of claims on-park watershed-lands lcicateel beyond .park boundaries, unless. it is demonstrated that mining will not impair park water-related "resources; pro- hibit~ patenting of existing rninrrg claims wither park-units and on important ~waterslied lads that emend beyond park boundaries; authorize disapproval of proposed mining operations that could adversely affect ,park waters yr water-related resources; and:-strengthen reclamation-requirements: 4. Ensure-that the Clean Water~Act pr©vides for cornrol of~all polluted runoff~fram.~ining""and oil and gas sites, regardless ofwhether they are considered-point or nonpoint source. 5.. Provide or clarify ParkServiee-authority to-regulate mining activities on,private, state-and native inholdings ~[hin parks to ehe extent,necessary to avoid,impairment'of park waters and water-related ~~"I ~" ~ `testiurces. (See also NPGA recommendations f©r section i0 on "Inh~Iding 1~eveIopmenx.'') 40