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<br />000818 <br /> <br />after "existing mining and grazing uses" ....as inserted, and language in <br />a subsequent House Report suggests that it was to be so modified. 11/ <br />In the total context of section 603, it s~s logical to conclude that <br />Congress envisioned "mineral leasing" as a use taking place on the <br />public lands rather than merely as a legal entitle:nent by which a party <br />would be allowed to conduct mining operations on the land. <br /> <br />It follows, therefore, that section 603 proscribes the Secretary from <br />regulating existing operations being conducted under a federal lease <br />solely for the purpose of preserving an area's wilderness characteristics <br />so long as the operations take place in the sa'lle manner and to the same <br />degree as they took place on October 21, 1976. Once the mining activity <br />changes in manner or degree, section 603(c) directs ~~e Secretary to <br />regulate it, if such action is necessary to preserve the area's wilderness <br />characteristics. Such activity .D~ld have to be regulated in the same <br />manner as a mining operation taking place on October 21, 1976 under the <br />Mining Law of 1872 which subseqJently differs in "manner" or "degree." <br /> <br />" <br /> <br />i; <br /> <br />Section 603(c) directs the Secretary not to exercise his discretionary <br />authority and issue or renew federal leases or prospecting permits, if <br />notwithstanding the use of regulations, stipulations and other safeguards <br />designed to preserve an area's wilderness characteristics, he determines <br />such action will impair an area's wilderness characteristics. <br /> <br />I: <br />'. <br />I <br />jI <br /> <br />;;:... <br /> <br />~is result must, however, be read against the backdrop of the Wilderness. <br />Act, similar to the discussion on pages 5 and 9 above regarding mining <br />claims. Congress determined in 1964 that. new mineral leasing could take <br />place at least for a limited period, consistent with the designation of <br />an area as wilderness. We believe that Congress in 1976 made the same <br />assumption in section 603(c). Congress has in effect told the Secretary <br />.that it thinks it is possible to allow s~'lIe mineral leasing in wilderness <br />study areas while at the same time making th~'lI subject to such regulation <br />as is necessary to protect the wilderness characteristics of the area from <br />destruction. <br /> <br />" <br /> <br />Hence, whenever the Secretary exercises his discretion and issues a <br />prospecting permit or a federal lease or renews a federal lease in an <br />area subject to section 603 review, that section directs the Secretary to <br />condition the permit or lease so that the permittee or lessee is placed <br />on notice that the land is under wilderness review, and is made subject <br />to.regulation in order to preserve the area's wilderness characteristics. <br /> <br />~e circumstances under which the Secretary may be justified in <br />deciding not to issue a particular lease in order to preserve an area's <br />wilderness characteristics cannot be predicted in advance of actual <br />practice. In wilderness review areas where operations on oil and gas <br />leases are currently being conducted, however, the answer seems rela- <br />tively easy. The Secretary would usually have little reason to prevent <br />further oil and gas leasing in the same area, or fail to renew existing <br />leases, solely to preserve the area's wilderness characteristics, because <br />