Page:United States Statutes at Large Volume 90 Part 1.djvu/1394

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PUBLIC LAW 94-000—MMMM. DD, 1976

90 STAT. 1344

Report to Congress. Legislative recommendations.

Severability. 16 USC 1909. Civil actions. 16 USC 1910.

16 USC 1911.

PUBLIC LAW 94-429—SEPT. 28, 1976 historical, or archeological authority, that a district, site, building, structure, or object which has been found to be nationally significant in illustrating natural history or the history of the United States and which has been designated as a natural or historical landmark may be irreparably lost or destroyed in whole or in part by any surface mining activity, including exploration for or removal or production of minerals or materials, he shall notify the person conducting such activity and submit a report thereon, including the basis for his finding that such activity may cause irreparable loss or destruction of a national landmark, to the Advisory Council on Historic Preservation, with a request for advice of the Council as to alternative measures that may be taken by the United States to mitigate or abate such activity. (b) The Council shall within two years from the effective date of this section submit to the Congress a report on the actual or potential effects of surface mining activities on natural and historical landmarks and shall include with its report its recommendations for such legislation as may be necessary and appropriate to protect natural and historical landmarks from activities, including surface mining activities, which may have an adverse impact on such landmarks. SEC. 10. If any provision of this Act is declared to be invalid, such declaration shall not affect the validity of any other provision hereof. SEC. 11. The holder of any patented or unpatented mining claim subject to this Act who believes he has suffered a loss by operation of this Act, or by orders or regulations issued pursuant thereto, may bring an action in a United States district court to recover just compensation, which shall be awarded if the court finds that such loss constitutes a taking of property compensable under the Constitution. The court shall expedite its consideration of any claim brought pursuant to this section. SEC. 12. Nothing in this Act shall be construed to limit the authority of the Secretary to acquire lands and interests in lands within the boundaries of any unit of the National Park System. The Secretary is to give prompt and careful consideration to any offer made by the owner of any valid right or other property within the areas named in section 6 of this Act to sell such right or other property, if such owner notifies the Secretary that the continued ownership of such right or property is causing, or would result in, undue hardship. S U N S H I N E I N GOVERNMENT

Interior Department employees, financial disclosure.

16 USC 1912.

SEC. 13. (a) Each officer or employee of the Secretary of the Interior who— (1) performs any function or duty under this Act, or any Acts amended by this Act concerning the regulation of mining within the National Park System; and (2) has any known financial interest (A) in any person subject to such Acts, or (B) in any person who holds a mining claim within the boundaries of units of the National Park System; shall, beginning on February 1, 1977, annually file with the Secretary a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public, (b) The Secretary shall— (1) act within ninety days after the date of enactment of this Act— (A) to define the term "known financial interest" for purposes of subsection (a) of this section; and