16 U.S.C. § 1134 — State and private lands within wilderness areas
submitted 62 years ago by Pub. L. 88-577 to r/title-16-CONSERVATION · 273 words · no verdicts yet
This section protects access to State and private land surrounded by wilderness. It also addresses access to valid mining claims and other occupancies, and acquisition of private land.
(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 wilderness, that State or private owner must be given that rights as may be necessary to assure adequate access to that State-owned or privately owned land by that State or private owner and their successors in interest, or the State-owned land or privately owned land must be exchanged for federally owned land in the same State of about equal value under authorities available to the Secretary of Agriculture: Provided, however , That the United States must not transfer to a State or private owner any mineral interests unless the State or private owner relinquishes or causes to be relinquished to the United States the mineral interest in the surrounded land. (b) Customary means for ingress and egress to wilderness areas subject to mining claims or other occupancies In any case where valid mining claims or other valid occupancies are wholly within a designated national forest wilderness area, the Secretary of Agriculture shall, by reasonable regulations consistent with the preservation of the area as wilderness, permit ingress and egress to that surrounded areas by means which have been or are being customarily enjoyed about other that areas similarly situated. (c) Acquisition of lands Subject to the appropriation of funds by Congress, the Secretary of Agriculture is allow to acquire privately owned land within the perimeter of any area designated by this chapter as wilderness if (1) the owner concurs in that acquisition or (2) the acquisition is specifically allow by Congress.
In any case where State-owned or privately owned land is completely surrounded by national forest lands within areas designated by this chapter as wilderness, such State or private owner shall be given such rights as may be necessary to assure adequate access to such State-owned or privately owned land by such State or private owner and their successors in interest, or the State-owned land or privately owned land shall be exchanged for federally owned land in the same State of approximately equal value under authorities available to the Secretary of Agriculture: Provided, however, That the United States shall not transfer to a State or private owner any mineral interests unless the State or private owner relinquishes or causes to be relinquished to the United States the mineral interest in the surrounded land.
In any case where valid mining claims or other valid occupancies are wholly within a designated national forest wilderness area, the Secretary of Agriculture shall, by reasonable regulations consistent with the preservation of the area as wilderness, permit ingress and egress to such surrounded areas by means which have been or are being customarily enjoyed with respect to other such areas similarly situated.
Subject to the appropriation of funds by Congress, the Secretary of Agriculture is authorized to acquire privately owned land within the perimeter of any area designated by this chapter as wilderness if (1) the owner concurs in such acquisition or (2) the acquisition is specifically authorized by Congress.
Source credit: (Pub. L. 88–577, § 5, Sept. 3, 1964, 78 Stat. 896.)
- 1964Enacted · Pub. L. 88-577 · 78 Stat. 896
A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-577 on 1964-09-03.
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