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Home , Wilderness, Wilderness Act

Act

Act of September 3, 1964 (P.L. 88-577, 78 Stat. 890 as amended; 16 U.S.C. 1131(note), 1131-1136)

Sec. 1. This Act may be cited as the by the Department and agency having "" (16 U.S.C. 1131 jurisdiction thereover immediately (note)) before its inclusion in the National Wilderness Preservation System unless Purpose otherwise provided by Act of Congress. No appropriation shall be Sec. 2. (a) In order to assure that an available for the payment of expenses increasing population, accompanied by or salaries for the administration of the expanding settlement and growing National Wilderness Preservation mechanization, does not occupy and System as a separate unit nor shall any modify, all areas within the United appropriations be available for States and its possessions, leaving no additional personnel stated as being designated for preservation and required solely for the purpose of protection in their natural condition, it is managing or administering areas solely hereby declared to be the policy of the because they are included within the Congress to secure for the American National Wilderness Preservation people of present and future generations System. the benefits of an enduring of (c) A wilderness, in contrast with wilderness. For this purpose there is those areas where man and his own hereby established a National works dominate the , is Wilderness Preservation System to be hereby recognized as an area where the composed of federally owned areas and its community of are designated by Congress as "wilderness untrammeled by man, where man areas", and these shall be administered himself is a visitor who does not for the use and enjoyment of the remain. An area of wilderness is further American people in such manner as will defined to mean in this Act an area of leave them unimpaired for future use undeveloped Federal retaining its and enjoyment as wilderness, and so as primeval character and influence, to provide for the protection of these without permanent improvements or areas, the preservation of their habitation, which is protected wilderness character, and for the and managed so as to preserve its gathering and dissemination of natural conditions and which (1) information regarding their use and generally appears to have been affected enjoyment as wilderness; and no primarily by the forces of , with Federal lands shall be designated as the imprint of man's work substantially "wilderness areas" except as provided unnoticeable; (2) has outstanding for in this Act or by a subsequent Act. opportunities for solitude or a primitive (b) The inclusion of an area in the and unconfined type of ; (3) National Wilderness Preservation has at least five thousand acres of land System notwithstanding, the area shall or is of sufficient size as to make continue to be managed practicable its preservation and use in an unimpaired condition;

Appendix A-17 and (4) may also contain ecological, Secretary of Agriculture or the Chief of geological, or other features of the Service as "primitive" and scientific, educational, scenic, or report his findings to the President. The historical value. (16 U.S.C. 1131) President shall advise the Previously Classified Areas Senate and House of Representatives of Sec. 3. (a) All areas within the his recommendations with respect to the National classified at least 30 designation as "wilderness" or other days before the effective date of this reclassification of each area on which Act by the Secretary of Agriculture or review has been completed, together the Chief of the Forest Service as with maps and a definition of "wilderness", "wild", or "" are boundaries. Such advice shall be given hereby designated as wilderness areas. with respect to not less than one-third of The Secretary of Agriculture shall all the areas now classified as (1) Within one year after the "primitive" within three years after the effective date of this Act, file a map enactment of this Act, not less than and legal description of each two-thirds within seven years after the with the Interior and enactment of this Act, and the Insular Affairs Committees of the remaining areas within ten years after and the House of the enactment of this Act. Each Representatives, and such descriptions recommendation of the President for shall have the same force and effect as designation as "wilderness" shall if included in this Act: Provided become effective only if so provided by however, That correction of clerical an Act of Congress. Areas classified as and typographical errors in such legal "primitive" on the effective date of this descriptions and maps may be made. Act shall continue to be administered (2) Maintain, available to the under the rules and regulations affecting public, records pertaining to said such areas on the effective date of this wilderness areas, including maps and Act until Congress has determined legal descriptions, copies of regulations otherwise. Any such area may be governing them, copies of public increased in size by the President at the notices of, and reports submitted to he submits his recommendations to Congress regarding pending additions, the Congress by not more than five eliminations, or modifications. Maps, thousand acres with no more than one legal descriptions, and regulations thousand two hundred and eighty acres pertaining to wilderness areas within of such increase in any one compact their respective jurisdictions also shall unit; if it is proposed to increase the size be available to the public in the offices of any area by more than five thousand of regional foresters, national forest acres or by more than one thousand two supervisors, and forest rangers. hundred and eighty acres in any one (b) The Secretary of Agriculture compact unit the increase in size shall shall, within ten years after the not become effective until acted upon enactment of this Act, review, as to its by Congress. Nothing herein contained suitability or nonsuitability for shall limit the President in proposing, as preservation as wilderness, each area in part of his recommendations to the National Forests classified on the Congress, the alteration of existing effective date of this Act by the boundaries of primitive areas or recommending the

Appendix A-18 addition of any contiguous area of contained herein shall, by implication National Forest lands predominantly or otherwise, be construed to lessen of wilderness value. Notwithstanding the present statutory authority of the any other provisions of this Act, the Secretary of the Interior with respect Secretary of Agriculture may to the maintenance of roadless areas complete his review and delete such within units of the national park area as may be necessary, but not to system. exceed seven thousand acres, from (d)(1) The Secretary of Agriculture the southern tip of the Gore and the Secretary of the Interior shall, Range-Eagles Nest Primitive Area, prior to submitting any recom- , if the Secretary determines mendations to the President with that such action is in the public respect to the suitability of any area interest. for preservation as wilderness- (c) Within ten years after the (A) give such public notice effective date of this Act the Secre- of the proposed action as they deem tary of the Interior shall review every appropriate, including publication in roadless area of five thousand the Federal Register and in a news- contiguous acres or more in the paper having general circulation in national parks, monuments and the area or areas in the vicinity of the other units of the national park affected land; system and every such area of, and (B) hold a public hearing or every roadless island within, the hearings at a location or locations national refuges and convenient to the area affected. The ranges, under his jurisdiction on the hearings shall be announced through effective date of this Act and shall such means as the respective Secre- report to the President his taries involved deem appropriate, recommendation as to the suitability including notices in the Federal or nonsuitability of each such area or Register and in newspapers of general island for preservation as wilderness. circulation in the area: Provided, That The President shall advise the if the lands involved are located in President of the Senate and the more than one State, at least one Speaker of the House of hearing shall be held in each State in Representatives of his which a portion of the land lies; recommendation with respect to the (C) at least thirty days before designation as wilderness of each the date of a hearing advise the such area or island on which review Governor of each State and the gov- has been completed, together with a erning board of each county, or in map thereof and a definition of its the borough, in which the boundaries. Such advice shall be lands are located, and Federal de- given with respect to not less than partments and agencies concerned, one-third of the areas and islands to and invite such officials and Federal be reviewed under this subsection agencies to submit their views on the within three years after enactment of proposed action at the hearing or by this Act, not less than two-thirds no later than thirty days following the within seven years of enactment of date of the hearing. this Act, and the remainder within ten (2) Any views submitted to the years of enactment of this Act. A appropriate Secretary under the recommendation of the President for provisions of (1) of this subsection designation as wilderness shall with respect to any area shall be become effective only if so provided

Appendix A-19 included with any recommendations to Congress, June 22, 1956; 70 Stat. 326), the President and to Congress with as applying to the Superior National respect to such area. Forest or the regulations of the (e) Any modification or adjustment Secretary of Agriculture. of boundaries of any wilderness area (3) Nothing in this Act shall shall be recommended by the modify the statutory authority under appropriate Secretary after public notice which units of the national park system of such proposal and public hearing or are created. Further, the designation of hearings as provided in subsection (d) any area of any park, monument, or of this section. The proposed other unit of the national park system modification or adjustment shall then be as a wilderness area pursuant to this recommended with map and description Act shall in no manner lower the thereof to the President. The President standards evolved for the use and shall advise the United States Senate preservation of such park, monument, and the House of Representatives of his or other unit of the national park recommendations with respect to such system in accordance with the Act of modification or adjustment and such August 25, 1916, the statutory authority recommendations shall become under which the area was created, or effective only in the same manner as any other Act of Congress which might provided for in subsections (b) and (c) pertain to or affect such area, including, of this section. (16 U.S.C. 1132) but not limited to, the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 432 et seq.); section 3(2) of the Federal Power Act (16 U.S.C. 796(2)); and the Act of Limitation of Use and Activities August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.). Sec. 4. (a) The purposes of this Act (b) Except as otherwise provided in are hereby declared to be within and this Act, each agency administering any supplemental to the purposes for which area designated as wilderness shall be National Forests and units of the responsible for preserving the national park and national wildlife wilderness character of the area and refuge systems are established and shall so administer such area for such administered and other purposes for which it may have (1) Nothing in this Act shall be been established as also to preserve its deemed to be in interference with the wilderness character. Except as purpose for which National Forests are otherwise provided in this Act, established as set forth in the Act of wilderness areas shall be devoted to the June 4, 1897 (30 Stat. 11), and the public purposes of recreational, scenic, Multiple-Use SustainedYield Act of scientific, educational, conservation, June 12, 1960 (74 Stat. 215). and historical use. (2) Nothing in this Act shall (c) Except as specifically provided modify the restrictions and provisions for in this Act, and subject to existing of the Shipstead-Nolan Act (Public Law private rights, there shall be no 539, Seventy-first Congress, July 10, commercial enterprise and no 1930; 46 Stat. 1020), the Thye-Blatnick permanent road within any wilderness Act (Public Law 733, Eightieth area designated by this Act and, except Congress, June 22, 1948; 62 Stat. 568), as necessary to meet minimum and the requirements for the Humphrey-Thye-Blatnick-Andresen Act (Public Law 607, Eighty-fourth

Appendix A-20 administration of the area for the night December 31, 1983, the United purpose of this Act (including mea- States laws and all laws sures required in emergencies in- pertaining to leasing shall, to volving the health and safety of the same extent as applicable prior to persons within the area), there shall the effective date of this Act, extend be no temporary road, no use of to those National Forest lands motor vehicles, motorized equipment designated by this Act as "wilderness or motorboats, no landing of aircraft, area", subject, however to such no other form of mechanical reasonable regulations governing transport, and no structure or ingress and egress as may be installation within any such area. prescribed by the Secretary of Agri- (d) The following special provi- culture consistent with the use of the sions are hereby made: land for mineral location and (1) Within wilderness areas development and exploration, drilling, designated by this Act the use of and production, and use of land for aircraft or motorboats, where these transmission lines, waterlines, uses have already become established, telephone lines, or facilities necessary may be permitted to continue subject in exploring, drilling, producing, to such restrictions as the Secretary of mining, and processing operations, Agriculture deems desirable. In including where essential the use of addition, such measures may be taken mechanized ground or air equipment as may be necessary in the control of and restoration as near as practicable fire, insects, and diseases, subject to of the surface of the land disturbed in such conditions as the Secretary performing prospecting, location, and deems desirable. in oil and gas leasing, discovery work, (2) Nothing in this Act shall exploration, drilling and production, prevent within National Forest wil- as soon as they have served their derness areas any activity, including purpose. Mining locations lying prospecting, for the purpose of within the boundaries of said gathering information about mineral wilderness areas shall be held and or other , if such activity is used solely for mining or processing carried on in a manner compatible operations and uses reasonably with the preservation of the wilder- incident thereto; and hereafter, subject ness environment. Furthermore, in to valid existing rights, all patents accordance with such program as the issued under the mining laws of the Secretary of the Interior shall develop United States affecting National and conduct in consultation with the Forest lands designated by this Act as Secretary of Agriculture, such areas wilderness areas shall convey title to shall be surveyed on a planned, the mineral deposits within the claim, recurring basis consistent with the together with the right to cut and use concept of wilderness preservation by so much of the mature timber there- the Geological Survey and the Bureau from as may be needed in the ex- of Mines to determine the mineral traction, removal, and beneficiation of values, if any, that may be present; the mineral deposits, if needed timber and the results of such surveys shall is not otherwise reasonably available, be made available to the public and and if the timber is cut under sound submitted to the President and principles of as Congress. defined by the National Forest rules (3) Notwithstanding any other and regulations, but each such patent provisions of this Act, until mid- shall reserve to

Appendix A -21 the United States all title in or to the lines, and other facilities needed in the surface of the lands and products public interest, including the road thereof, and no use of the surface of the construction and maintenance essential claim or the resources therefrom not to development and use thereof, upon reasonably required for carrying on his determination that such use or uses mining or prospecting shall be allowed in the specific area will better serve the except as otherwise expressly provided interests of the United States and the in this Act: Provided, That unless people thereof than will its denial; and hereafter specifically authorized, no (2) the grazing of livestock, where patent within wilderness areas established prior to the effective date of designated by this Act shall issue after this Act, shall be permitted to continue December 31, 1983, except for the valid subject to such reasonable regulations claims existing on or before December as are deemed necessary by the 31, 1983. Mining claims located after Secretary of Agriculture. the effective date of this Act within the boundaries of wilderness areas Note--Section 4(d)(5) of the designated by this Act shall create no original Wilderness Act was rights in excess of those rights which repealed by P.L. 95-495 and may be patented under the provisions of remaining subsections under (d) this subsection. Mineral leases, permits, renumbered as appear below. and licenses covering lands within National Forest wilderness areas (5) Commercial services may be designated by this Act shall contain performed within the wilderness areas such reasonable stipulations as may be designated by this Act to the extent prescribed by the Secretary of necessary for activities which are Agriculture for the protection of the proper for realizing the recreational or wilderness character of the land other wilderness purposes of the areas. consistent with the use of the land for (6) Nothing in this Act shall the purposes for which they are leased, constitute an express or implied claim permitted, or licensed. Subject to valid or denial on the part of the Federal rights then existing, effective January 1, Government as to exemption from State 1984, the in lands designated laws. by this Act as wilderness areas are (7) Nothing in this Act shall be withdrawn from all forms of construed as affecting the jurisdiction appropriation under the mining laws or responsibilities of the several State and from disposition under all laws with respect to wildlife and fish in the pertaining to mineral leasing and all National Forests. (16 U.S.C. 1133)^ amendments thereto. (4) Within wilderness areas in the National Forests designated by this Act, (1) the President may, within a specific area and in accordance with such regulations as he may deem Rights of Non-Forest Lands desirable, authorize prospecting for Ownership , the establishment and maintenance of reservoirs, Sec. 5. (a) In any case where water-conservation works, power State-owned or privately owned land is projects, transmission completely surrounded by National Forest lands within areas designated by this Act as wilderness, such State or private owner shall be

Appendix A-22

given such rights as may be necessary bequests of land within wilderness areas to assure adequate access to such designated by this Act for preservation State-owned or privately owned land as wilderness. The Secretary of by such State or private owner and their Agriculture may also accept gifts or successors in interest, or the bequests of land adjacent to wilderness State-owned land or privately owned areas designated by this Act for land shall be exchanged for federally preservation as wilderness if he has owned land in the same State of given sixty days advance notice thereof approximately equal value under to the President of the Senate and the authorities available to the Secretary of Speaker of the House of Agriculture: Provided, however, That Representatives. Land accepted by the the United States shall not transfer to a Secretary of Agriculture under this State or private owner any mineral section shall become part of the interests unless the State or private wilderness area involved. Regulations owner relinquishes or causes to be with regard to any such land may be in relinquished to the United States the accordance with such agreements, mineral interest in the surrounded land. consistent with the policy of this Act, as (b) In any case where valid mining are made at the time of such gift, or claims or other valid occupancies are such conditions, consistent with such wholly within a designated National policy, as may be included in, and Forest wilderness area, the Secretary of accepted with, such bequest. Agriculture shall, by reasonable (b) The Secretary of Agriculture or regulations consistent with the the Secretary of the Interior is preservation of the area for wilderness, authorized to accept private permit ingress and egress to such contributions and gifts to be used to surrounded areas by means which have further the purposes of this Act. (16 been or are being customarily enjoyed U.S.C. 1135) with respect to other such areas similarly situated. (c) Subject to the appropriation of funds by Congress, the Secretary of Report to Congress Agriculture is authorized to acquire privately owned land within the Sec. 7. At the opening of each perimeter of any area designated by this session of Congress, the Secretaries of Act as wilderness if (1) the owner Agriculture and Interior shall jointly concurs in such acquisition or (2) the report to the President for transmission acquisition is specifically authorized by to Congress on the status of the Congress. (16 U.S.C. 1134) wilderness system, including a list and descriptions of the areas in the system, regulations in effect, and other pertinent information, together with any recom mendations they may care to make. (16 Gifts and Donations U.S.C. 1136)

Sec. 6. (a) The Secretary of Agriculture may accept gifts or

Appendix A-23 Land and Fund Act of 1965

Act of September 3, 1964 (P.L. 88-578, 78 Stat. 897 as amended; 16 U.S.C. 4601-4(note); 4601-4 thru 6a, 4601-7 thru 4601-10, 4601-10a-d, 4601-11)

Citation Sec. 2. During the period ending September 30, 2015, there shall be Sec. 1. (a) Effective Date.-This Act covered into the land and water may be cited as the "Land and Water conservation fund in the Treasury of Conservation Fund Act of 1965" and the United States, which fund is hereby shall become effective on January 1, established and is hereinafter referred 1965. (16 U.S.C. 4601-4 (note)) to as the "fund", the following revenues and collections (a) Surplus Property Sales.-All Purposes proceeds (except so much thereof as may be otherwise obligated, credited, (b) The purposes of this Act are to or paid under authority of those assist in preserving, developing, and provisions of law set forth in section assuring accessibility to all citizens of 485(b)(e), title 40, , the United States of America of present or the Independent Offices and future generations and visitors who Appropriation Act, 1963 (76 Stat. 725) are lawfully present within the or in any later appropriation Act) boundaries of the United States of hereafter received from any disposal of America such quality and quantity of surplus real property and related resources as may be personal property under the Federal available and are necessary and Property and Administrative Services desirable for individual active Act of 1949, as amended, participation in such recreation and to notwithstanding any provision of law strengthen the health and vitality of the such proceeds shall be credited to citizens of the United States by (1) miscellaneous receipts of the Treasury. providing funds for and authorizing Nothing in this Act shall affect existing federal assistance to the States in laws or regulations concerning disposal planning, acquisition, and development of real or personal surplus property to of needed land and water areas and schools, hospitals, and States and their facilities and (2) providing funds for the political subdivisions. federal acquisition and development of (b) Motorboat Fuels Tax.-The certain lands and other areas. (16 U.S.C. amounts provide4 for in section 11 of 4601-4) this Act. (c)(1) Other Revenues.-In addition to the sum of the revenues and collections estimated by the Secretary Separate Fund of the Interior to be covered into the fund pursuant to this section, as Note-PL 100-203 extended the fund amended, there are authorized to be from Sept. 30, 1989 to Sept. 30, appropriated annually to 2015.

Appendix A-24