§ 1133 TITLE 16—CONSERVATION Page 1536

WILDERNESS AREAS—CONTINUED WILDERNESS AREAS—CONTINUED West Elk Wilderness, Gunnison National Forest, Colo- Wrangell-Saint Elias Wilderness, Wrangell-Saint Elias rado.—Pub. L. 88–577, § 3, Sept. 3, 1964, 78 Stat. 891; National Park and Preserve, Alaska.—Pub. L. 96–487, Pub. L. 96–560, title I, § 102(a)(20), Dec. 22, 1980, 94 title VII, § 701(8), Dec. 2, 1980, 94 Stat. 2417. Stat. 3268. Yolla Bolly-Middle Eel Wilderness, Ukiah District West Malpais Wilderness, El Malpais National Monu- Conservation Area, of Bureau of Land Management, ment and National Conservation Area, New Mex- and Mendocino, Six Rivers, and Shasta-Trinity Na- ico.—Pub. L. 100–225, title IV, § 401(a), Dec. 31, 1987, tional Forests, California.—Pub. L. 88–577, § 3, Sept. 101 Stat. 1542. 3, 1964, 78 Stat. 891; Pub. L. 98–425, title I, § 101(a)(36), West Sister Island Wilderness, West Sister Island Na- Sept. 28, 1984, 98 Stat. 1623; Pub. L. 109–362, § 3(4), Oct. tional Wildlife Refuge, Ohio.—Pub. L. 93–632, § 1(l), 17, 2006, 120 Stat. 2065. Jan. 3, 1975, 88 Stat. 2154. Yosemite Wilderness, Yosemite National Park Wilder- Wet Beaver Wilderness, Coconino National Forest, ness, California.—Pub. L. 98–425, title I, § 106(a)(1), Arizona.—Pub. L. 98–406, title I, § 101(a)(27), Aug. 28, Sept. 28, 1984, 98 Stat. 1626. 1984, 98 Stat. 1488. Yuki Wilderness, Mendocino National Forest, and Wheeler Peak Wilderness, Carson National Forest, Lake and Mendocino Counties, California.—Pub. L. New Mexico.—Pub. L. 88–577, § 3, Sept. 3, 1964, 78 109–362, § 3(3), Oct. 17, 2006, 120 Stat. 2065. Stat. 891; Pub. L. 96–550, title I, § 102(a)(10), Dec. 19, Zion Wilderness, Washington and Iron Counties, 1980, 94 Stat. 3222; Pub. L. 104–333, div. I, title II, Utah.—Pub. L. 111–11, title I, § 1973, Mar. 30, 2009, 123 § 210, Nov. 12, 1996, 110 Stat. 4109. Stat. 1080. Whipple Mountains Wilderness, California Desert Con- servation Area and Yuma District, of Bureau of Land Management, California.—Pub. L. 103–433, title § 1133. Use of wilderness areas I, § 102(69), Oct. 31, 1994, 108 Stat. 4481. Whisker Lake Wilderness, Nicolet National Forest, (a) Purposes of national forests, national park Wisconsin.—Pub. L. 95–494, § 1(2), Oct. 21, 1978, 92 system, and national wildlife refuge system; Stat. 1648. other provisions applicable to national for- White Canyon Wilderness, Pinal County, Arizona.— Pub. L. 101–628, title I, § 101(a)(35), Nov. 28, 1990, 104 ests, Superior National Forest, and national Stat. 4472. park system White Mountain Wilderness, Lincoln National Forest, The purposes of this chapter are hereby de- New Mexico.—Pub. L. 88–577, § 3, Sept. 3, 1964, 78 clared to be within and supplemental to the pur- Stat. 891; Pub. L. 96–550, title I, § 102(a)(11), Dec. 19, poses for which national forests and units of the 1980, 94 Stat. 3222. White Mountains Wilderness, California.—Pub. L. national park and national wildlife refuge sys- 111–11, title I, § 1802(5), Mar. 30, 2009, 123 Stat. 1054. tems are established and administered and— White Pine Range Wilderness, Western White Pine (1) Nothing in this chapter shall be deemed County, Nevada.—Pub. L. 109–432, div. C, title III, to be in interference with the purpose for § 323(a)(9), Dec. 20, 2006, 120 Stat. 3032. which national forests are established as set White Rock Range Wilderness, of Bureau of Land forth in the Act of June 4, 1897 (30 Stat. 11), Management, Nevada.–Pub. L. 108–424, title II, and the Multiple-Use Sustained-Yield Act of § 203(a)(9), Nov. 30, 2004, 118 Stat. 2408. June 12, 1960 (74 Stat. 215) [16 U.S.C. 528–531]. Wichita Mountains Wilderness, Wichita Mountains National Wildlife Refuge, Oklahoma.—Pub. L. (2) Nothing in this chapter shall modify the 91–504, § 1(d), Oct. 23, 1970, 84 Stat. 1105. restrictions and provisions of the Shipstead- Wild River Wilderness, White Mountain National For- Nolan Act (Public Law 539, Seventy-first Con- est, New Hampshire.—Pub. L. 109–382, title I, § 102(1), gress, July 10, 1930; 46 Stat. 1020), the Thye- Dec. 1, 2006, 120 Stat. 2673. Blatnik Act (Public Law 733, Eightieth Con- Wild Rogue Wilderness, Siskiyou National Forest, Or- gress, June 22, 1948; 62 Stat. 568), and the Hum- egon.—Pub. L. 95–237, § 3(b), Feb. 24, 1978, 92 Stat. 43. phrey-Thye-Blatnik-Andresen Act (Public Law Wild Sky Wilderness, Washington.—Pub. L. 110–229, 607, Eighty-Fourth Congress, June 22, 1956; 70 title I, § 101(a), May 8, 2008, 122 Stat. 757. William O. Douglas Wilderness, Wenatchee and Gifford Stat. 326), as applying to the Superior Na- Pinchot National Forests, Washington.—Pub. L. tional Forest or the regulations of the Sec- 98–339, § 3(21), July 3, 1984, 98 Stat. 302. retary of Agriculture. Winegar Hole Wilderness, Bridger-Teton National For- (3) Nothing in this chapter shall modify the est, Wyoming.—Pub. L. 98–550, title II, § 201(a)(4), statutory authority under which units of the Oct. 30, 1984, 98 Stat. 2808. national park system are created. Further, the Wisconsin Islands Wilderness, Gravel Island and Green designation of any area of any park, monu- Bay National Wilderness Refuges, Wisconsin.—Pub. L. 91–504, § 1(e), Oct. 23, 1970, 84 Stat. 1105. ment, or other unit of the national park sys- Withington Wilderness, Cibola National Forest, New tem as a wilderness area pursuant to this Mexico.—Pub. L. 96–550, title I, § 102(a)(12), Dec. 19, chapter shall in no manner lower the stand- 1980, 94 Stat. 3222. ards evolved for the use and preservation of Wolf Island Wilderness, Wolf Island National Wildlife such park, monument, or other unit of the na- Refuge, Georgia.—Pub. L. 93–632, § 1(e), Jan. 3, 1975, tional park system in accordance with sec- 88 Stat. 2153. tions 1, 2, 3, and 4 of this title, the statutory Wonder Mountain Wilderness, Olympic National For- authority under which the area was created, est, Washington.—Pub. L. 98–339, § 3(22), July 3, 1984, 98 Stat. 302. or any other Act of Congress which might per- Woodchute Wilderness, Prescott National Forest, Ari- tain to or affect such area, including, but not zona.—Pub. L. 98–406, title I, § 101(a)(28), Aug. 28, limited to, the Act of June 8, 1906 (34 Stat. 225; 1984, 98 Stat. 1488. 16 U.S.C. 432 1 et seq.); section 3(2) of the Fed- Woolsey Peak Wilderness, Maricopa County, Ari- eral Power Act (16 U.S.C. 796(2)); and the Act zona.—Pub. L. 101–628, title I, § 101(a)(15), Nov. 28, of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et 1990, 104 Stat. 4470. seq.). Worthington Mountains Wilderness, of Bureau of Land Management, Nevada.–Pub. L. 108–424, title II, § 203(a)(6), Nov. 30, 2004, 118 Stat. 2407. 1 So in original. Probably should be ‘‘431’’. Page 1537 TITLE 16—CONSERVATION § 1133

(b) Agency responsibility for preservation and (3) Mining and mineral leasing laws; leases, per- administration to preserve wilderness char- mits, and licenses; withdrawal of minerals acter; public purposes of wilderness areas from appropriation and disposition Except as otherwise provided in this chapter, Notwithstanding any other provisions of this each agency administering any area designated chapter, until midnight December 31, 1983, the as wilderness shall be responsible for preserving United States mining laws and all laws pertain- the wilderness character of the area and shall so ing to mineral leasing shall, to the same extent administer such area for such other purposes for as applicable prior to September 3, 1964, extend which it may have been established as also to to those national forest lands designated by this preserve its wilderness character. Except as chapter as ‘‘wilderness areas’’; subject, however, otherwise provided in this chapter, wilderness to such reasonable regulations governing ingress areas shall be devoted to the public purposes of and egress as may be prescribed by the Sec- recreational, scenic, scientific, educational, con- retary of Agriculture consistent with the use of servation, and historical use. the land for mineral location and development and exploration, drilling, and production, and (c) Prohibition provisions: commercial enter- use of land for transmission lines, waterlines, prise, permanent or temporary roads, me- telephone lines, or facilities necessary in explor- chanical transports, and structures or instal- ing, drilling, producing, mining, and processing lations; exceptions: area administration and operations, including where essential the use of personal health and safety emergencies mechanized ground or air equipment and res- Except as specifically provided for in this toration as near as practicable of the surface of chapter, and subject to existing private rights, the land disturbed in performing prospecting, lo- there shall be no commercial enterprise and no cation, and, in oil and gas leasing, discovery permanent road within any wilderness area des- work, exploration, drilling, and production, as ignated by this chapter and, except as necessary soon as they have served their purpose. Mining to meet minimum requirements for the adminis- locations lying within the boundaries of said tration of the area for the purpose of this chap- wilderness areas shall be held and used solely for ter (including measures required in emergencies mining or processing operations and uses rea- involving the health and safety of persons with- sonably incident thereto; and hereafter, subject in the area), there shall be no temporary road, to valid existing rights, all patents issued under no use of motor vehicles, motorized equipment the mining laws of the United States affecting or motorboats, no landing of aircraft, no other national forest lands designated by this chapter form of mechanical transport, and no structure as wilderness areas shall convey title to the or installation within any such area. mineral deposits within the claim, together with the right to cut and use so much of the mature (d) Special provisions timber therefrom as may be needed in the ex- The following special provisions are hereby traction, removal, and beneficiation of the min- made: eral deposits, if needed timber is not otherwise reasonably available, and if the timber is cut (1) Aircraft or motorboats; fire, insects, and dis- under sound principles of forest management as eases defined by the national forest rules and regula- Within wilderness areas designated by this tions, but each such patent shall reserve to the chapter the use of aircraft or motorboats, where United States all title in or to the surface of the these uses have already become established, lands and products thereof, and no use of the may be permitted to continue subject to such surface of the claim or the resources therefrom restrictions as the Secretary of Agriculture not reasonably required for carrying on mining deems desirable. In addition, such measures may or prospecting shall be allowed except as other- be taken as may be necessary in the control of wise expressly provided in this chapter: Pro- fire, insects, and diseases, subject to such condi- vided, That, unless hereafter specifically author- tions as the Secretary deems desirable. ized, no patent within wilderness areas des- ignated by this chapter shall issue after Decem- (2) Mineral activities, surveys for mineral value ber 31, 1983, except for the valid claims existing Nothing in this chapter shall prevent within on or before December 31, 1983. Mining claims lo- national forest wilderness areas any activity, in- cated after September 3, 1964, within the bound- cluding prospecting, for the purpose of gathering aries of wilderness areas designated by this information about mineral or other resources, if chapter shall create no rights in excess of those such activity is carried on in a manner compat- rights which may be patented under the provi- ible with the preservation of the wilderness en- sions of this subsection. Mineral leases, permits, vironment. Furthermore, in accordance with and licenses covering lands within national for- such program as the Secretary of the Interior est wilderness areas designated by this chapter shall develop and conduct in consultation with shall contain such reasonable stipulations as the Secretary of Agriculture, such areas shall be may be prescribed by the Secretary of Agri- surveyed on a planned, recurring basis consist- culture for the protection of the wilderness ent with the concept of wilderness preservation character of the land consistent with the use of by the United States Geological Survey and the the land for the purposes for which they are United States Bureau of Mines to determine the leased, permitted, or licensed. Subject to valid mineral values, if any, that may be present; and rights then existing, effective January 1, 1984, the results of such surveys shall be made avail- the minerals in lands designated by this chapter able to the public and submitted to the Presi- as wilderness areas are withdrawn from all dent and Congress. forms of appropriation under the mining laws § 1133 TITLE 16—CONSERVATION Page 1538 and from disposition under all laws pertaining 326, as amended, which is classified to sections 577d–1, to mineral leasing and all amendments thereto. 577g–1, and 577h of this title. For complete classifica- tion of this Act to the Code, see Tables. (4) Water resources, reservoirs, and other facili- Act of June 8, 1906, referred to in subsec. (a)(3), is act ties; grazing June 8, 1906, ch. 3060, 34 Stat. 225, as amended, known Within wilderness areas in the national forests as the ‘‘Antiquities Act of 1906’’, which is classified to designated by this chapter, (1) the President sections 431, 432, and 433 of this title. For complete classification of this Act to the Code, see Short Title may, within a specific area and in accordance note set out under section 431 of this title and Tables. with such regulations as he may deem desirable, Act of August 21, 1935, referred to in subsec. (a)(3), is authorize prospecting for water resources, the act Aug. 21, 1935, ch. 593, 49 Stat. 666, as amended, establishment and maintenance of reservoirs, known as the ‘‘Historic Sites, Buildings and Antiq- water-conservation works, power projects, uities Act’’, which is classified to sections 461 to 467 of transmission lines, and other facilities needed in this title. For complete classification of this Act to the the public interest, including the road construc- Code, see Short Title note set out under section 461 of tion and maintenance essential to development this title and Tables. and use thereof, upon his determination that AMENDMENTS such use or uses in the specific area will better serve the interests of the United States and the 1978—Subsec. (d)(5) to (8). Pub. L. 95–495 redesignated pars. (6) to (8) as (5) to (7), respectively. Former par. (5), people thereof than will its denial; and (2) the which related to the management of the Boundary Wa- grazing of livestock, where established prior to ters Canoe Area, Superior National Forest, Minnesota, September 3, 1964, shall be permitted to con- was struck out. tinue subject to such reasonable regulations as are deemed necessary by the Secretary of Agri- CHANGE OF NAME culture. ‘‘United States Geological Survey’’ substituted for (5) Commercial services ‘‘Geological Survey’’ in subsec. (d)(2) pursuant to provi- sion of title I of Pub. L. 102–154, set out as a note under Commercial services may be performed within section 31 of Title 43, Public Lands. the wilderness areas designated by this chapter ‘‘United States Bureau of Mines’’ substituted for to the extent necessary for activities which are ‘‘Bureau of Mines’’ in subsec. (d)(2) pursuant to section proper for realizing the recreational or other 10(b) of Pub. L. 102–285, set out as a note under section wilderness purposes of the areas. 1 of Title 30, Mineral Lands and Mining. For provisions relating to closure and transfer of functions of the (6) State water laws exemption United States Bureau of Mines, see Transfer of Func- Nothing in this chapter shall constitute an ex- tions note set out under section 1 of Title 30. press or implied claim or denial on the part of TRANSFER OF FUNCTIONS the Federal Government as to exemption from State water laws. Enforcement functions of Secretary or other official in Department of the Interior related to compliance (7) State jurisdiction of wildlife and fish in na- with system activities requiring coordination and ap- tional forests proval under this chapter and such functions of Sec- retary or other official in Department of Agriculture, Nothing in this chapter shall be construed as insofar as they involve lands and programs under juris- affecting the jurisdiction or responsibilities of diction of that Department, related to compliance with the several States with respect to wildlife and this chapter with respect to pre-construction, construc- fish in the national forests. tion, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Fed- (Pub. L. 88–577, § 4, Sept. 3, 1964, 78 Stat. 893; Pub. eral Inspector, Office of Federal Inspector for Alaska L. 95–495, § 4(b), Oct. 21, 1978, 92 Stat. 1650; Pub. Natural Gas Transportation System, until first anni- L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000; versary of date of initial operation of Alaska Natural Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. Gas Transportation System, see Reorg. Plan No. 1 of 172.) 1979, §§ 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to REFERENCES IN TEXT Title 5, Government Organization and Employees. Of- Act of June 4, 1897, referred to in subsec. (a)(1), is act fice of Federal Inspector for the Alaska Natural Gas June 4, 1897, ch. 2, 30 Stat. 11, the Sundry Civil Appro- Transportation System abolished and functions and au- priation Act for Fiscal Year 1898. For classification of thority vested in Inspector transferred to Secretary of that part of this Act classified to the Code, see Tables. Energy by section 3012(b) of Pub. L. 102–486, set out as The Multiple-Use Sustained-Yield Act of 1960, re- an Abolition of Office of Federal Inspector note under ferred to in subsec. (a)(1), is Pub. L. 86–517, June 12, section 719e of Title 15, Commerce and Trade. Func- 1960, 74 Stat. 215, as amended, which is classified gener- tions and authority vested in Secretary of Energy sub- ally to sections 528 to 531 of this title. For complete sequently transferred to Federal Coordinator for Alas- classification of this Act to the Code, see Short Title ka Natural Gas Transportation Projects by section note set out under section 528 of this title and Tables. 720d(f) of Title 15. The Shipstead-Nolan Act, referred to in subsec. (a)(2), LIVESTOCK GRAZING IN NATIONAL FOREST WILDERNESS is act July 10, 1930, ch. 881, 46 Stat. 1020, which is classi- AREAS fied to sections 577 to 577b of this title. For complete classification of this Act to the Code, see Short Title Pub. L. 96–560, title I, § 108, Dec. 22, 1980, 94 Stat. 3271, note set out under section 577 of this title and Tables. provided that: ‘‘The Congress hereby declares that, The Thye-Blatnik Act, referred to in subsec. (a)(2), is without amending the Wilderness Act of 1964 [this act June 22, 1948, ch. 593, 62 Stat. 568, as amended, chapter], with respect to livestock grazing in National which is classified to sections 577c, 577d, and 577e to Forest wilderness areas, the provisions of the Wilder- 577h of this title. For complete classification of this ness Act relating to grazing shall be interpreted and Act to the Code, see Short Title note set out under sec- administered in accordance with the guidelines con- tion 577 of this title and Tables. tained under the heading ‘Grazing in National Forest The Humphrey-Thye-Blatnik-Andresen Act, referred Wilderness’ in the House Committee Report (H. Report to in subsec. (a)(2), is act June 22, 1956, ch. 425, 70 Stat. 96–617) accompanying this Act [Pub. L. 96–560].’’ Page 1539 TITLE 16—CONSERVATION § 1136

§ 1134. State and private lands within wilderness § 1135. Gifts, bequests, and contributions areas (a) Acceptance by Secretary of Agriculture of land for preservation as wilderness; regula- (a) Access; exchange of lands; mineral interests tions restriction The Secretary of Agriculture may accept gifts In any case where State-owned or privately or bequests of land within wilderness areas des- owned land is completely surrounded by na- ignated by this chapter for preservation as wil- tional forest lands within areas designated by derness. The Secretary of Agriculture may also this chapter as wilderness, such State or private accept gifts or bequests of land adjacent to wil- owner shall be given such rights as may be nec- derness areas designated by this chapter for essary to assure adequate access to such State- preservation as wilderness if he has given sixty owned or privately owned land by such State or days advance notice thereof to the President of private owner and their successors in interest, the Senate and the Speaker of the House of Rep- or the State-owned land or privately owned land resentatives. Land accepted by the Secretary of shall be exchanged for federally owned land in Agriculture under this section shall be come the same State of approximately equal value part of the wilderness area involved. Regula- under authorities available to the Secretary of tions with regard to any such land may be in ac- Agriculture: Provided, however, That the United cordance with such agreements, consistent with States shall not transfer to a State or private the policy of this chapter, as are made at the owner any mineral interests unless the State or time of such gift, or such conditions, consistent private owner relinquishes or causes to be relin- with such policy, as may be included in, and ac- quished to the United States the mineral inter- cepted with, such bequest. est in the surrounded land. (b) Authorization to accept private contributions and gifts (b) Customary means for ingress and egress to The Secretary of Agriculture or the Secretary wilderness areas subject to mining claims or of the Interior is authorized to accept private other occupancies contributions and gifts to be used to further the In any case where valid mining claims or purposes of this chapter. other valid occupancies are wholly within a des- (Pub. L. 88–577, § 6, Sept. 3, 1964, 78 Stat. 896.) ignated national forest wilderness area, the Sec- retary of Agriculture shall, by reasonable regu- § 1136. Annual reports to Congress lations consistent with the preservation of the At the opening of each session of Congress, the area as wilderness, permit ingress and egress to Secretaries of Agriculture and Interior shall such surrounded areas by means which have jointly report to the President for transmission been or are being customarily enjoyed with re- to Congress on the status of the wilderness sys- spect to other such areas similarly situated. tem, including a list and descriptions of the areas in the system, regulations in effect, and (c) Acquisition of lands other pertinent information, together with any Subject to the appropriation of funds by Con- recommendations they may care to make. gress, the Secretary of Agriculture is authorized (Pub. L. 88–577, § 7, Sept. 3, 1964, 78 Stat. 896.) to acquire privately owned land within the pe- rimeter of any area designated by this chapter TERMINATION OF REPORTING REQUIREMENTS as wilderness if (1) the owner concurs in such ac- For termination, effective May 15, 2000, of provisions quisition or (2) the acquisition is specifically au- of this section relating to transmission to Congress of thorized by Congress. annual report on status of wilderness system, see sec- tion 3003 of Pub. L. 104–66, as amended, set out as a note (Pub. L. 88–577, § 5, Sept. 3, 1964, 78 Stat. 896.) under section 1113 of Title 31, Money and Finance, and pages 48, 110, and 149 of House Document No. 103–7. TRANSFER OF FUNCTIONS CHAPTER 24—CONSERVATION AND PROTEC- Enforcement functions of Secretary or other official TION OF NORTH PACIFIC FUR SEALS in Department of Agriculture, insofar as they involve SUBCHAPTER I—FUR SEAL MANAGEMENT lands and programs under jurisdiction of that Depart- ment, related to compliance with this chapter with re- Sec. spect to pre-construction, construction, and initial op- 1151. Definitions. eration of transportation system for Canadian and 1152. Prohibitions. Alaskan natural gas transferred to Federal Inspector, 1153. Sealing permitted by Aleuts, Eskimos, and Office of Federal Inspector for Alaska Natural Gas Indians. 1154. Scientific research on fur seal resources; use Transportation System, until first anniversary of date of fur seals for educational, scientific, or of initial operation of Alaska Natural Gas Transpor- exhibition purposes. tation System, see Reorg. Plan No. 1 of 1979, §§ 102(f), 1155. Authority of Secretary of Commerce. 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective 1156. Enforcement provisions. July 1, 1979, set out in the Appendix to Title 5, Govern- 1157. North Pacific Fur Seal Commission; appoint- ment Organization and Employees. Office of Federal In- ment of United States Commissioner, Dep- spector for the Alaska Natural Gas Transportation Sys- uty Commissioner, and Advisors; duties, tem abolished and functions and authority vested in In- compensation, and travel expenses. spector transferred to Secretary of Energy by section 1158. Acceptance or rejection by Secretaries of 3012(b) of Pub. L. 102–486, set out as an Abolition of Of- State and Commerce of Commission recom- fice of Federal Inspector note under section 719e of mendations. Title 15, Commerce and Trade. Functions and authority 1159. Federal agency consultations with and tech- vested in Secretary of Energy subsequently transferred nical assistance to Secretary of Commerce to Federal Coordinator for Alaska Natural Gas Trans- or Commission; reimbursement for assist- portation Projects by section 720d(f) of Title 15. ance.