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Regulations respecting the Territory or other Property belonging to the United States..." (U.S. <br />Constitution Article IV, Section 3, Clause Z). <br />Pursuant to the Property Clause, Congress has the power to regulate, through legislation and <br />through delegation to federal agencies, activity on both federal and nonfederal lands in order to <br />protect the designated purpose of federal lands. Courts have upheld the regulation of mining <br />activities by federal agencies as being within the power granted under the Property Clause. <br />Congress directed the NPS to promulgate rules and regulations deemed necessary and proper <br />for the use and management of the National Park System (see 16 U.S.C. §1 and §3). The NPS <br />regulations that apply to Curecanti National Recreation Area, including the Dickinson Pit, <br />include the regulations at 36 CFR Parts 1 through 6. Specifically, 36 CFR § 5.3 provides that <br />business operations in park areas are prohibited unless conducted in accordance with a permit <br />or other written agreement. 36 CFR § 1.6 authorizes park superintendents to issue permits for <br />activities that are otherwise prohibited in park areas. Section 1.6 also specifies that the permits <br />for such activities shall contain terms and conditions that protect park resources and public <br />safety, and ensure compliance with all applicable laws, regulations, and policies. NPS <br />Management Policies § 8.7.3 (NPS 2001 c) clarifies the application of the above-cited <br />regulations to nonfederal mineral interests such as those at the Dickerson Quarry. <br />Pursuant to Reference Manual # 53: Special Park Uses (NPS 2000b), NPS Special Use Permits <br />may only be issued if the special park use will not: <br />• Cause injury or damage to park resources; or <br />Be contrary to the purposes for which the park was established; or <br />• Unreasonably impair the atmosphere or peace and tranquility maintained in wilderness, <br />natural, historic or commemorative locations within the park; or <br />• Unreasonably interfere with the interpretive visitor service or other program activities, or <br />with the administrative activities of the NPS; or <br />• Substantially impair the operation of public facilities or services of NPS concessionaires or <br />contractors; or <br />• Present a clear and present danger to public health and safety; or <br />• Result in significant conFlict with other existing uses. <br />Special Use Permits must contain provisions, such as a performance bond, that will protect the <br />park's interests. The permit must also contain any other terms and conditions that the park <br />deems necessary to prevent impairment and otherwise protect park resources or public safety <br />(see 36 CFR § 1.6(e)). In this case, the permit would be a long term permit. According to <br />Reference Manual # 53: Special Park Uses, the park will need to conduct an annual <br />administrative and operations review of the approved operation to determine the continued <br />appropriateness of the operation and its continued lack of impairment to park resources and <br />values. Special Use Permits may be revoked upon the permittee's violation of applicable law or <br />any conditions in the permit. In addition to any terms in the Special Use Permit, the operator <br />must follow all applicable laws and regulations. Table 1.1 summarizes many, but not all, of the <br />statutes, regulations, Executive Orders, and policies that govern the exercise of nonfederal <br />mineral rights in National Park units. <br />6 <br />I <br />LI <br />~I <br />