Sec. 302. Administration of wilderness areas
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Subject to valid existing rights, each wilderness addition designated by section 301 shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of the Act shall be considered to be a reference to the date of enactment of this Act. Any land within the boundary of a wilderness area designated by section 301 that is acquired by the United States shall— become part of the wilderness area in which the land is located; be withdrawn in accordance with subsection (c); and be managed in accordance with this section, the Wilderness Act ( 16 U.S.C. 1131 et seq.), and any other applicable law.
Subject to valid existing rights, the Federal land designated as wilderness by section 301 is withdrawn from all forms of— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), the Secretary may carry out any measures in the wilderness additions designated by section 301 that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of those activities with a State or local agency.
In accordance with section 5(a) of the Wilderness Act ( 16 U.S.C. 1134(a) ), the Secretary shall provide to any owner of private land within the boundary of a wilderness addition designated by section 301 access to the private land. Nothing in this title affects the jurisdiction or responsibilities of the State with respect to fish and wildlife, including the regulation of hunting, fishing, and trapping. Nothing in this title prevents the installation or maintenance of hydrological, meteorological, or climatological instrumentation in a wilderness addition designated by section 301, if the Secretary determines that the installation or maintenance of the instrumentation is necessary to advance the scientific, educational, or conservation purposes of the wilderness area.
The grazing of livestock in the wilderness additions established by section 301, if established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary determines to be necessary, in accordance with— section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and the guidelines described in House Report 96–617 to accompany H.R. 5487 of the 96th Congress. In accordance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) ), commercial services (including authorized outfitting and guide activities) within the wilderness additions designated by section 301 may be authorized to the extent necessary for activities that fulfill the recreational or other wilderness purposes of the wilderness areas, in accordance with section 1503(b)(6) of Public Law 111–11 (123 Stat. 1035).
Nothing in this title requires the Secretary to modify any permit in effect as of the date of enactment of this Act to provide outfitting and guide services within the wilderness additions designated by section 301 on a determination by the Secretary that the activities are in compliance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) ). The designation of a wilderness addition by section 301 shall not create any protective perimeter or buffer zone around the wilderness area.
The fact that a nonwilderness activity or use can be seen or heard from an area within a wilderness addition designated by section 301 shall not preclude the conduct of the activity or use outside the boundary of the wilderness area.
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- Pub. L. 111-11
- 123 Stat. 1035
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Sec. 302
Administration of wilderness areas
Pub. L.Pub. L. 111-11
Stat.123 Stat. 1035
Cites 5Cited by 0 across 0 sources