§1134 — Title 16 Conservation | U.S. Code

Summary

If state or private land ends up completely surrounded by national forest that is made wilderness, the owner must get whatever access they need to reach their land. If access can't be worked out, the owner can trade that land for federally owned land in the same State of about equal value. The United States will not give mineral interests to the owner unless the owner first gives up the mineral interest in the surrounded land. If valid mining claims or other lawful occupancies lie entirely inside a wilderness area, the Secretary of Agriculture must allow reasonable entry and exit by the usual methods that have been used for similar sites, as long as the rules protect the wilderness. If Congress provides the money, the Secretary may buy private land inside a wilderness boundary if the owner agrees or if Congress specifically approves the purchase.

Title 16, §1134

Conservation — Source: USLM XML via OLRC

(a)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.

(b)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.

(c)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.

Notes & Related Subsidiaries

Executive Documents

Enforcement

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

, 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, §§ 102(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.

§1134 State and private lands within wilderness areas

Summary

Title 16, §1134

Notes & Related Subsidiaries

Executive Documents

Enforcement

Construction

Construction

Citations & Metadata