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Private Mineral Rights Complicate the Management of Eastern Wilderness Areas

RCED-84-101 Published: Jul 26, 1984. Publicly Released: Jul 26, 1984.
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Highlights

Pursuant to a congressional request, GAO studied the problems associated with private mineral rights for wilderness areas in the eastern United States. While the government has some regulatory control over mineral resource development in wilderness areas, it cannot deny the development of private mineral rights. However, such development conflicts with the legislation that created the National Wilderness Preservation System. That legislation restricted activities in wilderness areas to recreational, scenic, scientific, educational, historical, and conservation uses by the public.

Recommendations

Matter for Congressional Consideration

Matter Status Comments
Before Congress enacts legislation to create additional eastern wilderness areas, it may wish to: (1) consider the extent and development potential of private mineral rights in these areas; and (2) specify whether the Forest Service should acquire mineral rights or allow mining in wilderness areas.
Closed – Implemented
According to congressional and agency staff, several committees and subcommittees have taken the action GAO recommended. No accomplishment report will be prepared because action is difficult to verify.

Recommendations for Executive Action

Agency Affected Recommendation Status
Department of Agriculture Because the Forest Service did not analyze the potential problems or costs associated with private mineral rights when it developed its 1979 wilderness recommendations, the Secretary of Agriculture should direct the Forest Service's southern and eastern regional offices to perform this type of analysis when evaluating the wilderness recommendations. This analysis should include for each area consideration of private mineral development potential, the government's ability to control mineral development if it occurs, the need to acquire private mineral rights, and a range of estimated acquisition costs.
Closed – Implemented
USDA officials are in the process of sending GAO verification that it implemented this recommendation.

Full Report

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Topics

Land managementMineral bearing landsMineral rightsProposed legislationWilderness areasMiningConservationCoalWildlifeNational forests