Land open to location

Section 202(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(e)) is amended— (1) in paragraph (3), by striking removed from or restored to the operation of the Mining Law of 1872, as amended (R.S. 2318–2352; 30 U.S.C. 21 et seq.) or; and (2) by adding at the end the following: (4) Review of land (A) Definition of National Conservation System Unit In this paragraph, the term National Conservation System unit means— (i) any unit of— (I) the National Park System; (II) the National Wildlife Refuge System; or (III) the National Wild and Scenic Rivers System; (ii) a National Monument; or (iii) a National Conservation Area. (B) Review Not later than 3 years after the date of enactment of this paragraph, each Secretary concerned, acting through the local Federal land manager, shall, consistent with the respective jurisdiction of each Secretary concerned, undertake and complete a review of— (i) public land designated as a wilderness study area or National Forest System land identified as suitable for wilderness designation; (ii) areas of critical environmental concern; (iii) Federal land in which mineral activities pose a reasonable likelihood of substantial adverse impacts on National Conservation system units; (iv) (I) areas designated for inclusion in the National Wild and Scenic Rivers System pursuant to the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); (II) areas designated for potential addition to the System pursuant to section 5(a) of that Act (16 U.S.C. 1276(a)); and (III) areas determined to be eligible for inclusion in the System pursuant to section 5(d) of that Act (16 U.S.C. 1276(d)); and (v) (I) inventoried roadless areas (as defined in section 294.11 of title 36, Code of Federal Regulations (or successor regulations)); (II) Idaho Roadless Areas (as defined in section 294.21 of title 36, Code of Federal Regulations (or successor regulations)); and (III) Colorado Roadless Areas (as defined in section 294.41 of title 36, Code of Federal Regulations (or successor regulations)). (5) Withdrawals of land (A) In general Subsequent to review in accordance with paragraph (4)(B), in addition to withdrawals made pursuant to section 204 and subject to valid existing rights, tracts of Federal land may, pursuant to this paragraph, be removed from operation of sections 2318 through 2352 of the Revised Statutes (commonly known and referred to in this subsection as the Mining Law of 1872) (30 U.S.C. 21 et seq.) if the Secretary, based on the analysis of the local Federal land manager, and in the case of National Forest System land, on the recommendation of the Secretary of Agriculture based on the analysis of the local Federal land manager, determines that the action is appropriate after application of the criteria established under subsection (c). (B) Revision of land use plans The Secretary concerned, acting through the local Federal land manager, shall revise or amend the applicable land use plan, as appropriate, to provide for removal of land, subject to valid existing rights, from operation of the Mining Law of 1872 on a determination by the Secretary under subparagraph (A) that the land should be removed from operation of that Act. (C) Segregation from general mining laws pending completion On a determination by the Secretary that the land should be removed from operation of the Mining Law of 1872, the land shall be immediately segregated from operation of the Mining Law of 1872 until the plan amendment or revision is completed. (D) Completion deadline Any amendment or revision of a land use plan shall be completed not later than 1 year after the date of the determination of the Secretary under subparagraph (A). (6) Petition for review The Governor of a State, the head of an Indian tribe, or an appropriate local government official may petition— (A) the Secretary concerned to direct the local Federal land manager to undertake a review under paragraph (4); and (B) the Secretary to determine whether land within the State should be removed from operation of the Mining Law of 1872, subject to valid existing rights, pursuant to paragraph (5)..