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<br />000815 <br /> <br />of a mine.r who., on the date of the passage of FLPct-'\, was not exploring <br />for hardrock min~ra1s on the public no~ain if, subs~quent to the passage <br />of the Act, the miner bE"Jins ey.?loration. This n':',;.'Clctivity wOIJld b~ <br />subject to the Sil"-e kind of regulation as a miner ,,;,0 '~ClS eA;)lor in, on <br />October 21, 1976 with a pickax and burro and who thereafter sought to <br />explore with motorized ve~icles, explosives and/or drilling equi?7,ent. <br /> <br />Elsewhere in FLP~l; Congress recognized that, in certain situations, the <br />stringency of so~e regulations may actually conflict with the Secretary's <br />obligations under the :lining La\~ of 1872, 30 U.S.C. ~ 21 et se::j (1970), <br />as a"I1ended. In section 302(0), Con')ress e.:nended the 1.1ining La I,' so that <br />the Secretary could diSCharge his obligations under section 603. This <br />section states in appropriate part: <br /> <br />Except as provided in . . . Section 603 <br />. . . no provision of this section or any <br />other section of this Act shall in any way <br />mlend the ~lining La\1 of 1872 or ir.,?air the <br />rights of any 10~ators or claims under that <br />Act, including, but not limited to, rights <br />of ingress and egress. In m~aging the <br />public lands the Secretary shall by regula- <br />tion or otherwise, take any action necessary <br />to prevent ~'necessary or undue degradation <br />6fthe lands. <br /> <br />, <br /> <br />Under the Mining L3w the Sec::etary has the authority to regulate the <br />conduct of op2r~tions on Inining claims, but the specific 3utho::ization <br />in sections 302(b) and 603(c) of FLP:.v\ It3!:es clear he can regulate those <br />claims for the sole purpose of protecting wilderness characteristics. <br /> <br />Unlike the sp~cific prohibition in se~tion 603 precluding the Secretary <br />from ~..ithjraYling wilderness revie',." lands fro:n a??ropriation u:1der the <br />mining 1a\..., no ?rolTision in section GO] prevents the Secretary from pro- <br />bibiting new grazing uses if such a use ~~uld im9air an area's wilderness <br />characteristics. In otl1er words, section 603 directs the Secretary to <br />regulate and, if necessary, prohibit ne\{ grazin, uses if required in order <br />to I?reserve the wilderness characteristics of the land. <br /> <br />In assessing the physical im?act of existing uses, a rule of reason must <br />be folloY!ed. It bears reiteration that it is the physical ar.d aesthetic <br />impact on a study area by all uses, including minin9 or grazing, which <br />Section 603 directs the Secretary to regulate. <br /> <br />The identity of the person c2rrying out the use is not ~rtant. <br />Congress focused on the ilT'pact ratJlcr than the uscr. An individual, <br />therefore, \~ho \~as mining a claim on o.:tober 21, 1976, can, assuming <br />the ~ssi9nment is otherwise valid, assign his claim or lease to another <br />person and the assignce I11:JY continue to mine without regulation under <br />section 603, if his operations are conducted in the same "manner and <br />degree" as th~sc of the assignor on October 21, 1976. <br /> <br />. <br /> <br />.. <br />