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<br />000819 <br /> <br />the existing leases have not, by definition, already disqualified the <br />area from wilderness consideration. Of course, the Secretary must assure <br />that any new operations on existing or new leases are conducted in such a <br />manner that the area's wilderness characteristics will not be jeopardized. <br /> <br />Somewhat different considerations are raised when the Secretary consid- <br />ers whether to issue federal leases or prospecting pe~its for minerals <br />different fro~ those which have already been leased in a specific road- <br />less area. Yet here again the Secretary would have to exa~ine each <br />perticular case in light of the effect the operations would have on the <br />area's wilderness characteristics. In some situations the Secretary may <br />decide he can issue the lease or permit, by imposing such restrictions <br />as are necessary to assure the protection of the area's wilderness char- <br />acteristics. In others, he may decide that extraction of previously <br />unleased minerals (e.g., coal for surface extl~ction) would have much <br />greater impacts on the area than extraction ot the winerals already being <br />leased. (e.g., oil and gas), and could not be m.tigated so as to protect <br />an area's wilderness characteristics, in which case he should refuse to <br />issue the lease. <br /> <br />It deserves special emphasis that.leasing typically re"ains totally <br />within the discretion of the Secretary under existing leasing laws, <br />and the secretary may decide not to lease particular lands for any <br />reason unrelated to wilderness. <br /> <br />IV. SEerICN 603(c)' s EHEer CN ACCESS TO PRIVATE T '\.".'DS <br /> <br />In general, access across public lands can only be gra,ted under Title <br />V of FLP~~, and the granting of this right of way is discretionary with <br />the Secretary. Section 603 limits the discretionary authority of the <br />Secretary by allowing him to grant access only when it will not impair <br />the suitability of the area under review for wilderness designation. <br />See also section 302, which provides, in pertinent part: <br /> <br />Except as provided in . . . Section 603 . . . <br />and in the last sentence of this paragra?h, no <br />provision of this section or any other section <br />of this Act shall in any way amend the Mining <br />Law of 1872 or im?air the rights of any locators <br />or claims under that Act, including, but not <br />limited, to rights of ingress and egress. In <br />managing the public lands the Secretary shall, <br />by regulation or otherwise, take any action <br />necessary to prevent unnecessary or undue <br />degradation of the lands. <br /> <br />Currently, the Solicitor's Office is preparing a memorandum involving <br />the Secretary's authority to regulate access to and from mining claims. <br />In regard to existing access across wilderness study lands to private <br /> <br />11 <br />