16 U.S.C. § 460vv–4 — Wilderness review

submitted 38 years ago by Pub. L. 100-499 to r/title-16-CONSERVATION · 694 words · no verdicts yet

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Congress reviewed the Forest Service's roadless-area study (RARE II) for Oklahoma and decided it need not be revisited in court, and counts as adequate wilderness review for now. Areas not designated wilderness by this law go to multiple-use management instead, without needing to be protected as future wilderness candidates, and the Forest Service generally cannot restudy Oklahoma roadless areas without Congress's authorization.

(a) Congress found that the Department of Agriculture completed its second roadless area review (RARE II), and that Congress itself separately reviewed Oklahoma's National Forest System roadless areas and the environmental effects of different land-use choices. (b) Based on that review, Congress determined and directed that: (1) without ruling on RARE II's legal sufficiency for other states, its Final Environmental Impact Statement (dated January 1979) cannot be challenged in court regarding Oklahoma's National Forest System land; (2) for the Oklahoma land RARE II reviewed, and land described in subsection (d), that review counts as an adequate look at wilderness suitability for the initial forest management plans required under the Forest and Rangeland Renewable Resources Planning Act of 1974 — the Forest Service does not have to review the wilderness option again before those plans are revised, but must review it when the plans are revised (normally every ten years, but at least every fifteen), unless the Secretary finds conditions have significantly changed sooner; (3) Oklahoma areas RARE II reviewed (or covered by subsection (d)) that this law does not designate as wilderness must be managed for multiple use under regular management plans, without needing to be kept eligible for wilderness designation; (4) once revised management plans take effect, areas not recommended for wilderness need not be kept eligible for it, while areas recommended for wilderness must be kept eligible, as required by law; and (5) unless Congress specifically authorizes it, the Department of Agriculture may not conduct another statewide roadless-area review of Oklahoma's National Forest System land to check wilderness suitability. (c) In this section, and under section 6 of the 1974 Planning Act, "revision" of a plan does not include an "amendment" to a plan. (d) This section also applies to: (1) Oklahoma roadless land in the Ouachita National Forest evaluated in the Rich Mountain and Beech Creek unit plans; and (2) Oklahoma roadless land under five thousand acres.

the actual law source: uscode.house.gov ↗public domain

(a) Findings

The Congress finds that—

(1)

the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); and

(2)

the Congress has made its own review and examination of National Forest System roadless areas in Oklahoma and of the environmental impacts associated with alternative allocations of such areas.

(b) Congressional determination and direction

On the basis of such review, the Congress hereby determines and directs that—

(1)

without passing on the questions of the legal and factual sufficiency of the RARE II Final Environmental Impact Statement (dated January 1979) with respect to National Forest System lands in States other than Oklahoma, such statement shall not be subject to judicial review with respect to National Forest System lands in the State of Oklahoma;

(2)

with respect to the National Forest System lands in the State of Oklahoma which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II) and those lands referred to in subsection (d), that review and evaluation or reference shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act of 1974 [16 U.S.C. 1600 et seq.], as amended by the National Forest Management Act of 1976, to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revision of the plans, but shall review the wilderness option when the plans are revised, which revisions will ordinarily occur on a ten-year cycle, or at least every fifteen years, unless, prior to such time the Secretary of Agriculture finds that conditions in a unit have significantly changed;

(3)

areas in the State of Oklahoma reviewed in such final environmental statement or referenced in subsection (d) and not designated wilderness upon enactment of this subchapter shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 [16 U.S.C. 1604], as amended by the National Forest Management Act of 1976, except that such areas need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of the initial land management plans;

(4)

in the event that revised land management plans in the State of Oklahoma are implemented pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 [16 U.S.C. 1604], as amended by the National Forest Management Act of 1976, and other applicable law, areas not recommended for wilderness designation need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of such plans, and areas recommended for wilderness designation shall be managed for the purpose of protecting their suitability for wilderness designation as may be required by the Forest and Rangeland Renewable Resources Planning Act of 1974 [16 U.S.C. 1600 et seq.], as amended by the National Forest Management Act of 1976, and other applicable law; and

(5)

unless expressly authorized by Congress, the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of the National Forest System lands in the State of Oklahoma for the purpose of determining their suitability for inclusion in the National Wilderness Preservation System.

As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 [16 U.S.C. 1604], as amended by the National Forest Management Act of 1976, the term “revision” shall not include an “amendment” to a plan.

(d) Application of provisions

The provisions of this section shall also apply to:

(1)

those National Forest System roadless lands in the State of Oklahoma in the Ouachita National Forest which were evaluated in the Rich Mountain and Beech Creek unit plans; and

(2)

National Forest System roadless lands in the State of Oklahoma which are less than five thousand acres in size.

Source credit: (Pub. L. 100–499, § 6, Oct. 18, 1988, 102 Stat. 2493.)

history & why it existsrecord from the source credit

1988Enacted · Pub. L. 100-499 · 102 Stat. 2493

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-499 on 1988-10-18.

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