16USC1133, Use of wilderness areas Options

[CP]

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 16USC1133]


                        TITLE 16--CONSERVATION

          CHAPTER 23--NATIONAL WILDERNESS PRESERVATION SYSTEM

Sec. 1133. Use of wilderness areas


(a) Purposes of national forests, national park system, and national
        wildlife refuge system; other provisions applicable to national
        forests, Superior National Forest, and national park system

    The purposes of this chapter are hereby declared to be within and
supplemental to the purposes for which national forests and units of the
national park and national wildlife refuge systems are established and
administered and--
        (1) Nothing in this chapter shall be deemed to be in
    interference with the purpose for which national forests are
    established as set forth in the Act of June 4, 1897 (30 Stat. 11),
    and the Multiple-Use Sustained-Yield Act of June 12, 1960 (74 Stat.
    215) [16 U.S.C. 528-531].
        (2) Nothing in this chapter shall modify the restrictions and
    provisions of the Shipstead-Nolan Act (Public Law 539, Seventy-first
    Congress, July 10, 1930; 46 Stat. 1020), the Thye-Blatnik Act
    (Public Law 733, Eightieth Congress, June 22, 1948; 62 Stat. 568),
    and the Humphrey-Thye-Blatnik-Andresen Act (Public Law 607, Eighty-
    Fourth Congress, June 22, 1956; 70 Stat. 326), as applying to the
    Superior National Forest or the regulations of the Secretary of
    Agriculture.
        (3) Nothing in this chapter shall modify the statutory authority
    under which units of the national park system are created. Further,
    the designation of any area of any park, monument, or other unit of
    the national park system as a wilderness area pursuant to this
    chapter shall in no manner lower the standards evolved for the use
    and preservation of such park, monument, or other unit of the
    national park system in accordance with sections 1, 2, 3, and 4 of
    this title, the statutory authority under which the area was
    created, or any other Act of Congress which might pertain to or
    affect such area, including, 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 August 21, 1935
    (49 Stat. 666; 16 U.S.C. 461 et seq.).

(b) Agency responsibility for preservation and administration to
        preserve wilderness character; public purposes of wilderness
        areas

    Except as otherwise provided in this chapter, each agency
administering any area designated as wilderness shall be responsible for
preserving the wilderness character of the area and shall so administer
such area for such other purposes for which it may have been established
as also to preserve its wilderness character. Except as otherwise
provided in this chapter, wilderness areas shall be devoted to the
public purposes of recreational, scenic, scientific, educational,
conservation, and historical use.

© Prohibition provisions: commercial enterprise, permanent or
        temporary roads, mechanical transports, and structures or
        installations; exceptions: area administration and personal
        health and safety emergencies

    Except as specifically provided for in this chapter, and subject to
existing private rights, there shall be no commercial enterprise and no
permanent road within any wilderness area designated by this chapter
and, except as necessary to meet minimum requirements for the
administration of the area for the purpose of this chapter (including
measures required in emergencies involving the health and safety of
persons within the area), there shall be no temporary road, no use of
motor vehicles, motorized equipment or motorboats, no landing of
aircraft, no other form of mechanical transport, and no structure or
installation within any such area.

(d) Special provisions

    The following special provisions are hereby made:

(1) Aircraft or motorboats; fire, insects, and diseases

    Within wilderness areas designated by this chapter the use of
aircraft or motorboats, where these uses have already become
established, may be permitted to continue subject to such restrictions
as the Secretary of Agriculture deems desirable. In addition, such
measures may be taken as may be necessary in the control of fire,
insects, and diseases, subject to such conditions as the Secretary deems
desirable.

(2) Mineral activities, surveys for mineral value

    Nothing in this chapter shall prevent within national forest
wilderness areas any activity, including prospecting, for the purpose of
gathering information about mineral or other resources, if such activity
is carried on in a manner compatible with the preservation of the
wilderness environment. Furthermore, in accordance with such program as
the Secretary of the Interior shall develop and conduct in consultation
with the Secretary of Agriculture, such areas shall be surveyed on a
planned, recurring basis consistent with the concept of wilderness
preservation by the United States Geological Survey and the United
States Bureau of Mines to determine the mineral values, if any, that may
be present; and the results of such surveys shall be made available to
the public and submitted to the President and Congress.

(3) Mining and mineral leasing laws; leases, permits, and licenses;
        withdrawal of minerals from appropriation and disposition

    Notwithstanding any other provisions of this chapter, until midnight
December 31, 1983, the United States mining laws and all laws pertaining
to mineral leasing shall, to the same extent as applicable prior to
September 3, 1964, extend to those national forest lands designated by
this chapter as ``wilderness areas''; subject, however, to such
reasonable regulations governing ingress and egress as may be prescribed
by the Secretary of Agriculture consistent with the use of the land for
mineral location and development and exploration, drilling, and
production, and use of land for transmission lines, waterlines,
telephone lines, or facilities necessary in exploring, drilling,
producing, mining, and processing operations, including where essential
the use of mechanized ground or air equipment and restoration as near as
practicable of the surface of the land disturbed in performing
prospecting, location, and, in oil and gas leasing, discovery work,
exploration, drilling, and production, as soon as they have served their
purpose. Mining locations lying within the boundaries of said wilderness
areas shall be held and used solely for mining or processing operations
and uses reasonably incident thereto; and hereafter, subject to valid
existing rights, all patents issued under the mining laws of the United
States affecting national forest lands designated by this chapter as
wilderness areas shall convey title to the mineral deposits within the
claim, together with the right to cut and use so much of the mature
timber therefrom as may be needed in the extraction, removal, and
beneficiation of the mineral deposits, if needed timber is not otherwise
reasonably available, and if the timber is cut under sound principles of
forest management as defined by the national forest rules and
regulations, but each such patent shall reserve to the United States all
title in or to the surface of the lands and products thereof, and no use
of the surface of the claim or the resources therefrom not reasonably
required for carrying on mining or prospecting shall be allowed except
as otherwise expressly provided in this chapter: Provided, That, unless
hereafter specifically authorized, no patent within wilderness areas
designated by this chapter shall issue after December 31, 1983, except
for the valid claims existing on or before December 31, 1983. Mining
claims located after September 3, 1964, within the boundaries of
wilderness areas designated by this chapter shall create no rights in
excess of those rights which may be patented under the provisions of
this subsection. Mineral leases, permits, and licenses covering lands
within national forest wilderness areas designated by this chapter shall
contain such reasonable stipulations as may be prescribed by the
Secretary of Agriculture for the protection of the wilderness character
of the land consistent with the use of the land for the purposes for
which they are leased, permitted, or licensed. Subject to valid rights
then existing, effective January 1, 1984, the minerals in lands
designated by this chapter as wilderness areas are withdrawn from all
forms of appropriation under the mining laws and from disposition under
all laws pertaining to mineral leasing and all amendments thereto.

(4) Water resources, reservoirs, and other facilities; grazing

    Within wilderness areas in the national forests designated by this
chapter, (1) the President may, within a specific area and in accordance
with such regulations as he may deem desirable, authorize prospecting
for water resources, the establishment and maintenance of reservoirs,
water-conservation works, power projects, transmission lines, and other
facilities needed in the public interest, including the road
construction and maintenance essential to development and use thereof,
upon his determination that such use or uses in the specific area will
better serve the interests of the United States and the people thereof
than will its denial; and (2) the grazing of livestock, where
established prior to September 3, 1964, shall be permitted to continue
subject to such reasonable regulations as are deemed necessary by the
Secretary of Agriculture.

(5) Commercial services

    Commercial services may be performed within the wilderness areas
designated by this chapter to the extent necessary for activities which
are proper for realizing the recreational or other wilderness purposes
of the areas.

(6) State water laws exemption

    Nothing in this chapter shall constitute an express or implied claim
or denial on the part of the Federal Government as to exemption from
State water laws.

(7) State jurisdiction of wildlife and fish in national forests

    Nothing in this chapter shall be construed as affecting the
jurisdiction or responsibilities of the several States with respect to
wildlife and fish in the national forests.

(Pub. L. 88-577, Sec. 4, Sept. 3, 1964, 78 Stat. 893; Pub. L. 95-495,
Sec. 4(b), Oct. 21, 1978, 92 Stat. 1650; Pub. L. 102-154, title I, Nov.
13, 1991, 105 Stat. 1000; Pub. L. 102-285, Sec. 10(b), May 18, 1992, 106
Stat. 172.)

                      References in Text

    Act of June 4, 1897, referred to in subsec. (a)(1), is act June 4,
1897, ch. 2, 30 Stat. 11, the Sundry Civil Appropriation Act for Fiscal
Year 1898. For classification of that part of this Act classified to the
Code, see Tables.
    The Multiple-Use Sustained-Yield Act of 1960, referred to in subsec.
(a)(1), is Pub. L. 86-517, June 12, 1960, 74 Stat. 215, as amended,
which is classified generally to sections 528 to 531 of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 528 of this title and Tables.
    The Shipstead-Nolan Act, referred to in subsec. (a)(2), is act July
10, 1930, ch. 881, 46 Stat. 1020, which is classified to sections 577 to
577b of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 577 of this title and Tables.
    The Thye-Blatnik Act, referred to in subsec. (a)(2), is act June 22,
1948, ch. 593, 62 Stat. 568, as amended, which is classified to sections
577c, 577d, and 577e to 577h of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 577
of this title and Tables.
    The Humphrey-Thye-Blatnik-Andresen Act, referred to in subsec.
(a)(2), is act June 22, 1956, ch. 425, 70 Stat. 326, as amended, which
is classified to sections 577d-1, 577g-1, and 577h of this title. For
complete classification of this Act to the Code, see Tables.
    Act of June 8, 1906, referred to in subsec. (a)(3), is act June 8,
1906, ch. 3060, 34 Stat. 225, as amended, known as the ``Antiquities Act
of 1906'', which is classified to sections 431, 432, and 433 of this
title. For complete classification of this Act to the Code, see Short
Title note set out under section 431 of this title and Tables.
    Act of August 21, 1935, referred to in subsec. (a)(3), is act Aug.
21, 1935, ch. 593, 49 Stat. 666, as amended, known as the ``Historic
Sites, Buildings and Antiquities Act'', which is classified to sections
461 to 467 of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 461 of this title and
Tables.
    The United States mining laws and all laws pertaining to mineral
leasing, referred to in subsec. (d)(3), are classified generally to
Title 30, Mineral Lands and Mining.


                              Amendments

    1978--Subsec. (d)(5) to (8). Pub. L. 95-495 redesignated pars. (6)
to (8) as (5) to (7), respectively. Former par. (5), which related to
the management of the Boundary Waters Canoe Area, Superior National
Forest, Minnesota, was struck out.

                        Change of Name

    ``United States Geological Survey'' substituted for ``Geological
Survey'' in subsec. (d)(2) pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of Title 43, Public Lands.
    ``United States Bureau of Mines'' substituted for ``Bureau of
Mines'' in subsec. (d)(2) pursuant to section 10(b) of Pub. L. 102-285,
set out as a note under section 1 of Title 30, Mineral Lands and Mining.
For provisions relating to closure and transfer of functions of the
United States Bureau of Mines, see Transfer of Functions note set out
under section 1 of Title 30.

                          Transfer of Functions

    Enforcement functions of Secretary or other official in Department
of the Interior related to compliance with system activities requiring
coordination and approval under this chapter and such functions of
Secretary or other official in Department of Agriculture, insofar as
they involve lands and programs under jurisdiction of that Department,
related to compliance with this chapter with respect to pre-
construction, construction, and initial operation of transportation
system for Canadian and Alaskan natural gas transferred to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, Secs. 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector for
the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by
section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of
Federal Inspector note under section 719e of Title 15, Commerce and
Trade. Functions and authority vested in Secretary of Energy
subsequently transferred to Federal Coordinator for Alaska Natural Gas
Transportation Projects by section 720d(f) of Title 15.


          Livestock Grazing in National Forest Wilderness Areas

    Pub. L. 96-560, title I, Sec. 108, Dec. 22, 1980, 94 Stat. 3271,
provided that: ``The Congress hereby declares that, without amending the
Wilderness Act of 1964 [this chapter], with respect to livestock grazing
in National Forest wilderness areas, the provisions of the Wilderness
Act relating to grazing shall be interpreted and administered in
accordance with the guidelines contained under the heading `Grazing in
National Forest Wilderness' in the House Committee Report (H. Report 96-
617) accompanying this Act [Pub. L. 96-560].''