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SHORT TITLE Sections 528 to 531 of this title are popularly known as the Multiple-Use Sustained-Yield Act of 1960.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 529, 530, 531, of this title.

$ 529. Same; authorization; consideration to relative

values of resources; areas of wilderness. The Secretary of Agriculture is authorized and directed to develop and administer the renewable surface resources of the national forests for multiple use and sustained yield of the several products and services obtained therefrom. In the administration of the national forests due consideration shall be given to the relative values of the various resources in particular areas. The establishment and maintenance of areas of wilderness are consistent with the purposes and provisions of sections 528 to 531 of this title. (Pub. L. 86-517, § 2, June 12, 1960, 74 Stat. 215.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 528, 530, 531 of this title.

8 531. Same; definitions.

As used in sections 528 to 531 of this title the following terms shall have the following meanings:

(a) "Multiple use" means: The management of all the various renewable surface resources of the national forests so that they are utilized in the combination that will best meet the needs of the American people; making the most judicious use of the land for some or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; that some land will be used for less than all of the resources; and harmonious and coordinated management of the various resources, each with the other, without impairment of the productivity of the land, with consideration being given to the relative values of the various resources, and not necessarily the combination of uses that will give the greatest dollar return or the greatest unit output.

(b) "Sustained yield of the several products and services" means the achievement and maintenance in perpetuity of a high-level annual or regular periodic output of the various renewable resources of the national forests without impairment of the productivity of the land. (Pub. L. 86-517, $ 4, June 12, 1960, 74 Stat. 215.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 528, 529, 530 of this title.

$530. Same; cooperation with State and local govern

mental agencies and others. In the effectuation of sections 528 to 531 of this title the Secretary of Agriculture is authorized to cooperate with interested State and local governmental agencies and others in the development and management of the national forests. (Pub. L. 86– 517, § 3, June 12, 1960, 74 Stat. 215.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 528, 529, 531 of this title.

13. Wilderness Act

16 U.S.C. 1131-1136

$ 1131. National Wilderness Preservation System. (a) Establishment; Congressional declaration of pol

icy; wilderness areas; administration for public use and enjoyment, protection, preservation, and gathering and dissemination of information; pro

visions for designation as wilderness areas. In order to assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the United States and its possessions, leaving no lands designated for preservation and protection in their natural condition, it is hereby declared to be the policy of the Congress to secure for the American people of present and future generations the benefits of an enduring resource of wilderness. For this purpose there is hereby established a National Wilderness Preservation System to be composed of federally owned areas designated by Congress as "wilderness areas”, and these shall be administered for the use and enjoyınent of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information re

garding their use and enjoyment as wilderness; and no Federal lands shall be designated as “wilderness areas" except as provided for in this chapter or by a subsequent Act. (b) Management of area included in System; appro

priations. The inclusion of an area in the National Wilderness Preservation System notwithstanding, the area shall continue to be managed by the Department and agency having jurisdiction thereover immediately before its inclusion in the National Wilderness Preservation System unless otherwise provided by Act of Congress. No appropriation shall be available for the payment of expenses or salaries for the administration of the National Wilderness Preservation System as a separate unit nor shall any appropriations be available for additional personnel stated as being required solely for the purpose of managing or administering areas solely because they are included within the National Wilderness Preservation System. (c) Definition of wilderness.

A wilderness, in contrast with those areas where man and his own works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. An area of wilderness is further defined to mean in this chapter an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to preserve its natural conditions and which (1) generally appears to have been affected primarily by the forces of nature, with the imprint of man's work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) has at least five thousand acres of land or is of sufficient size as to make practicable its preservation and use in an unimpaired condition; and (4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value. (Pub. L. 88577, § 2, Sept. 3, 1964, 78 Stat. 890.)

SHORT TITLE Section 1 of Pub. L. 88–577 provided that: “This Act (which enacted this chapter) may be cited as the 'Wilderness Act'."

8 1132. Extent of System. (a) Designation of wilderness areas; filing of maps

and descriptions with congressional committees; correction of errors; public records; availability

of records in regional offices. All areas within the national forests classified at least 30 days before September 3, 1964 by the Secretary of Agriculture or the Chief of the Forest Seryice as "wilderness", "wild", or "canoe” are hereby designated as wilderness areas. The Secretary of Agriculture shall

(1) Within one year after September 3, 1964, Alle a map and legal description of each wilderness area with the Interior and Insular Affairs Committees of the United States Senate and the House of Representatives, and such descriptions shall have the same force and effect as if included in this chapter: Provided, however, That correction of clerical and typographical errors in such legal descriptions and maps may be made.

(2) Maintain, available to the public, records pertaining to said wilderness areas, including maps and legal descriptions, copies of regulations governing them, copies of public notices of, and reports submitted to Congress regarding pending additions, eliminations, or modifications. Maps, legal descriptions, and regulations pertaining to wilderness areas within their respective jurisdictions also shall be available to the public in the offices of regional foresters, national forest super

visors, and forest rangers. (b) Review by Secretary of Agriculture of classifica

tions as primitive areas; Presidential recommendations to Congress; approval of Congress; size of primitive areas; Gore Range-Eagles Nest Primi.

tive Area, Colorado. The Secretary of Agriculture shall, within ten years after September 3, 1964, review, as to its suitability or nonsuitability for preservation as wilderness, each area in the national forests classified on September 3, 1964 by the Secretary of Agriculture or

the Chief of the Forest Service as “primitive" and report his findings to the President. The President shall advise the United States Senate and House of Representatives of his recommendations with respect to the designation as "wilderness" or other reclassification of each area on which review has been completed, together with maps and a definition of boundaries. Such advice shall be given with respect to not less than one-third of all the areas now classified as “primitive” within three years after September 3, 1964, not less than two-thirds within seven years after September 3, 1964, and the remaining areas within ten years after September 3, 1964. Each recommendation of the President for designation as "wilderness" shall become effective only if so provided by an Act of Congress. Areas classified as "primitive" on September 3, 1964 shall continue to be administered under the rules and regulations affecting such areas on September 3, 1964 until Congress has determined otherwise. Any such area may be increased in size by the President at the time he submits his recommendations to the Congress by not more than five thousand acres with no more than one thousand two hundred and eighty acres of such increase in any one compact unit; if it is proposed to increase the size of any such area by more than five thousand acres or by more than one thousand two hundred and eighty acres in any one compact unit the increase in size shall not become effective until acted upon by Congress. Nothing herein contained shall limit the President in proposing, as part of his recommendations to Congress, the alteration of existing boundaries of primitive areas or recommending the addition of any contiguous area of national forest lands predominantly of wilderness value. Notwithstanding any other provisions of this chapter, the Secretary of Agriculture may complete his review and delete such area as may be necessary, but not to exceed seven thousand acres, from the southern tip of the Gore Range-Eagles Nest Primitive Area, Colorado, if the Secretary determines that such action is in the public interest. (c) Review by Secretary of Interior of roadless areas

of national park system and national wildlife refuges and game ranges and suitability of areas for preservation as wilderness; authority of Sec. retary of Interior to maintain roadless areas in

national park system unaffected. Within ten years after September 3, 1964 the Secretary of the Interior shall review every roadless area of five thousand contiguous acres or more in the national parks, monuments and other units of the national park system and every such area of, and every roadless island within, the national wildlife refuges and game ranges, under his jurisdiction on September 3, 1964 and shall report to the President his recommendation as to the suitability or nonsuitability of each such area or island for preservation as wilderness. The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendation with respect to the designation as wilderness of each such area or island on which review has been completed, together with a map thereof and a definition of its boundaries. Such advice shall be given with his recommendations with respect to such modification or adjustment and such recommendations shall become effective only in the same manner as provided for in subsections (b) and (c) of this section. (Pub. L. 88–577, § 3, Sept. 3, 1964, 78 Stat. 891.)

WILDERNESS AREAS

respect to not less than one-third of the areas and islands to be reviewed under this subsection within three years after September 3, 1964, not less than two-thirds within seven years of September 3, 1964 and the remainder within ten years of September 3, 1964. A recommendation of the President for designation as wilderness shall become effective only if so provided by an Act of Congress. Nothing contained herein shall, by implication or otherwise, be construed to lessen the present statutory authority of the Secretary of the Interior with respect to the maintenance of roadless areas within units of the national park system. (d) Conditions precedent to administrative recom

mendations of suitability of areas for preservation as wilderness; publication in Federal Register; public hearings; views of State, county, and Federal officials; submission of views to Congress. (1) The Secretary of Agriculture and the Secreof the Interior shall, prior to submitting any recommendations to the President with respect to the suitability of any area for preservation as wilderness

(A) give such public notice of the proposed action as they deem appropriate, including publication in the Federal Register and in a newspaper having general circulation in the area or areas in the vicinity of the affected land;

(B) hold a public hearing or hearings at a location or locations convenient to the area affected. The hearings shall be announced through such means as the respective Secretaries involved deem appropriate, including notices in the Federal Register and in newspapers of general circulation in the area: Provided, That if the lands involved are located in more than one State, at least one hearing shall be held in each State in which a portion of the land lies;

(C) at least thirty days before the date of a hearing advise the Governor of each State and the governing board of each county, or in Alaska the borough, in which the lands are located, and Federal departments and agencies concerned, and invite such officials and Federal agencies to submit their views on the proposed action at the hearing or by no later than thirty days following the date of the hearing.

(2) Any views submitted to the appropriate Sec. retary under the provisions of (1) of this subsection with respect to any area shall be included with any recommendations to the President and to Congress with respect to such area.

Site of Wildernesses Date of Designation Bering Sea Wilderness, Bering Sea N&tional Wildlife Refuge, Alaska.

Oct. 23, 1970 Bogoslof Wilderness, Bogoslof National Wildlife Refuge, Alaska..

Oct. 23, 1970 Craters of the Moon National Wilderness,

Craters of the Moon National Monument, Idaho..

Oct. 23, 1970 Desolation Wilderness, Eldorado National Forest, Calif.

Oct. 10, 1969 Forrester Island Wilderness, Forrester

Island National Wildlife Refuge,
Alaska

Oct. 23, 1970 Great Swamp National Wildlife Refuge

Wilderness, Morris County, New Jersey. Sept. 28, 1968 Hazy Islands Wilderness, Hazy Island National Wildlife Refuge, Alaska.

Oct. 23, 1970 Huron Islands Wilderness, Huron Islands

National Wildlife Refuge, Michigan.--- Oct. 23, 1970 Island Bay Wilderness, Island Bay National Wildlife Refuge, Florida---

Oct. 23, 1970 Michigan Islands Wilderness, Michigan

Islands National Wildlife Refuge, Michigan

Oct. 23, 1970 Monomoy Wilderness, Monomoy National

Wildlife Refuge, Massachusetts.------ Oct. 23, 1970 Moosehorn Wilderness, Moosehorn National Wildlife Refuge, Maine.

Oct. 23, 1970 Mount Baldy Wilderness, Apache National Forest, Arizona..

Oct. 23, 1970 Mount Jefferson Wilderness, Williamette,

Deschutes, and Mount Hood National
Forests, Oregon...

Oct. 2, 1968 Oregon Islands Wilderness, Oregon Islands

National Wildlife Refuge, Oregon.-- Oct. 23, 1970 Passage Key Wilderness, Passage Key National Wildlife Refuge, Florida.

Oct. 23, 1970 Pelican Island Wilderness, Pelican Island

National Wildlife Refuge, Florida.---- Oct. 23, 1970 Petrified Forest National wilderness,

Petrified Forest National Park, Arizona. Oct. 23, 1970 Saint Lazaria Wilderness, Saint Lazaria

National Wildlife Refuge, Alaska----- Oct. 23, 1970 Salt Creek Wilderness, Bitter Lake Na

tional Wildlife Refuge, New Mexico.--- Oct. 23, 1970 San Gabriel Wilderness, Angeles National Forest, California.

May 24, 1968 San Rafael Wilderness, Los Padres National Forest, California.

Mar. 21, 1968 Seney Wilderness, Seney National Wildlife Refuge, Michigan.

Oct. 23, 1970 Three Arch Rocks Wilderness, Three Arch

Rocks National Wildlife Refuge, Oregon

Oct. 23, 1970 Tuxedni Wilderness, Tuxedni National Wildlife Refuge, Alaska..

Oct. 23, 1970 Ventana Wilderness, Los Padres National Forest, California..

Aug. 18, 1969 Washington Islands Wilderness, Copalis,

Flattery Rocks, and Quillayute Needles

National Wildlife Refuges, Washington. Oct. 23, 1970 Wichita Mountains Wilderness, Wichita

Mountains, National Wildlife Refuge,
Oklahoma

Oct. 23, 1970 Wisconsin Islands Wilderness, Gravel Is

land and Green Bay National Wilderness Refuges, Wisconsin.

Oct. 23, 1970

(e) Modification or adjustment of boundaries; public

notice and hearings; administrative and executive recommendations to Congress; approval of Con

gress. Any modification or adjustment of boundaries of any wilderness area shall be recommended by the appropriate Secretary after public notice of such proposal and public hearing or hearings as provided in subsection (d) of this section. The proposed modification or adjustment shall then be recommended with map and description thereof to the President. The President shall advise the United States Senate and the House of Representatives of

CROSS REFERENCES

Glacier Peak Wilderness, Wenatchee and Mount Baker National Forests, California, extension of boundaries, see section 90e 1 of this title.

Pasayten Wilderness, Okanogan and Mount Baker National Forests, California, designation, see section 90e of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 90e-3, 459h-7, 460x-5 of this title.

8 1133. Use of wilderness areas. (a) Purposes of national forests, national park sys

tem, and national wildlife refuge system; other provisions applicable to national forest, 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 MultipleUse Sustained-Yield Act of June 12, 1960 (74 Stat. 215).

(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-ThyeBlatnik-Andresen Act (Public Law 607, EightyFourth 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 and 2 to 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); section 796(2); and the Act of August 21, 1935 (49 Stat. 666 of this title).

(c) 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: Aircraft or motorboats; fire, insects, and diseases.

(1) 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. Mineral activities, surveys for mineral value.

(2) 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 Geological Survey and the 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. Mining and mineral leasing laws; leases, permits, and

licenses; withdrawal of minerals from appropriation and disposition. (3) 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

(b) Agency responsibility for preservation and ad

ministration 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.

reasonable regulations as are deemed necessary by the Secretary of Agriculture. Management of Boundary Waters Canoe Area, Su

perior National Forest, Minnesota; motorboats. (5) Other provisions of this chapter to the contrary notwithstanding, the management of the Boundary Waters Canoe Area, formerly designated as the Superior, Little Indian Sioux, and Caribou Roadless Areas, in the Superior National Forest, Minnesota, shall be in accordance with regulations established by the Secretary of Agriculture in accordance with the general purpose of maintaining, without unnecessary restrictions on other uses, including that of timber, the primitive character of the area, particularly in the vicinity of lakes, streams, and portages: Provided, That nothing in this chapter shall preclude the continuance within the area of any already established use of motorboats. Commercial services.

(6) 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. State water laws exemption.

(7) 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.

as near as practicable of the surface of the land disturbed in performing prespecting, 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 des nated by this oter 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. Water resources, reservoirs, and other facilities;

grazing.

(4) 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

State jurisdiction of wildlife and fish in national

forests. (8) 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, § 4, Sept. 3, 1964, 78 Stat. 893.)

REFERENCES IN TEXT The Act of June 4, 1897 (ch. 2) (30 Stat. 11), referred to in subsec. (a) (1), refers to the Sundry Civil Appropriation Act for Fiscal Year 1898. For distribution of such Act in the Code, see Tables Volume.

The Multiple-Use Sustained - Yield Act of June 12, 1960 (Pub. L. 86-5171 (74 Stat. 215), referred to in subsec. (a) (1), is classified to sections 528_-531 of this title.

The Shipstead-Nolan Act, referred to in subsec. (a) (2), is classified to sections 577-577b of this title.

The Thye-Blatnik Act, referred to in subsec. (a) (2), is classified to sections 577c, 577d, and 577e-577h of this title.

The Humphrey-Thye-Blatnik-Andresen Act. referred to in subsec. (a) (2), is classified to sections 577d-1, 577g1, and 577h of this title.

The Act of June 8, 1906 (ch. 30601 (34 Stat. 225), referred to in subsec. (a) (3), and popularly known as the National Monument Act (Preservation of Antiquities), is classified to sections 431, 432, and 433 of this title.

The Act of August 21, 1935 (ch. 593 (49 Stat. 666), referred to in subsec. (a) (3), and popularly known as the Historic Sites, Buildings and Antiquities Act, is classified to sections 461-467 of this title.

§ 1134. State and private lands within wilderness

areas. (a) Access; exchange of lands; mineral interests

restriction. In any case where State-owned or privately owned land is completely surrounded by national forest lands within areas designated by this chapter as

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