Wilderness Act

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Wilderness Act Wilderness 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 "Wilderness Act" (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 lands 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 resource 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 landscape, is Wilderness Preservation System to be hereby recognized as an area where the composed of federally owned areas earth and its community of life 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 land 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 human 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 nature, 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 recreation; (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 Forest 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 United States Previously Classified Areas Senate and House of Representatives of Sec. 3. (a) All areas within the his recommendations with respect to the National Forests 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 "canoe" 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 wilderness area with the Interior and enactment of this Act, and the Insular Affairs Committees of the remaining areas within ten years after United States Senate 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 time 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- Colorado, 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 wildlife refuges and game 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 Alaska 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.
Recommended publications
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