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Mineral exploration and development in Bureau of Land Management Wilderness Study Areas

Journal Article · · Ariz. Law Rev.; (United States)
OSTI ID:5693669

Section 603 (c) of the Federal Land Policy and Management Act (FLPMA) of 1976 is interpreted to favor carefully controlled mineral operations over other activity in wilderness study areas (WSAs). Some new mineral activity may be allowed in a WSA without impairing its suitability, while existing operations may continue even if they do impair wilderness suitability. A wide latitude for judgment is permitted on the grounds that the impacts of mineral activity will vary with location. The solicitor of the Department of Interior has identified three yardsticks for guidance in permitting controlled activities: the activity which is substantially unnoticed; temporary activities leaving no permanent impairment; and carefully controlled activities. The Solicitor used these yardsticks to develop an interim management policy for WSAs. Specific guidelines for each type of mineral resource predict only temporary impacts, but are not optimistic that surface-mining activities will be judged to have temporary impacts. The new rules will require approval of mining plans before beginning operations likely to cause impairment, such as the construction of access routes. 126 footnotes and references.

OSTI ID:
5693669
Journal Information:
Ariz. Law Rev.; (United States), Journal Name: Ariz. Law Rev.; (United States) Vol. 21:2; ISSN ALRED
Country of Publication:
United States
Language:
English