§2302 — Title 43 Public Lands | U.S. Code

Summary

Defines important words used in the chapter. Exceptional resource means something with scientific, natural, historic, cultural, or recreational value that a government has documented and that a federal agency needs to protect for the public. Federally designated area means public land in Alaska and the eleven contiguous Western States that lies inside places like national monuments or BLM conservation areas, units of the National Park or Wildlife Refuge systems, National Forests or Grasslands, or lands that are or can be made wilderness, Wild and Scenic Rivers, or National Trails. Inaccessible lands open to hunting, fishing, shooting, or other recreation means public land in those states of at least 640 contiguous acres where the public may recreate but has no entry/exit or access is seriously limited as the Secretary decides. Inholding means any non‑federal ownership interest inside a federally designated area. Public land means the public lands defined in section 1702. Secretary means the Secretary of the Interior.

Title 43, §2302

Public Lands — Source: USLM XML via OLRC

In this chapter:

(1)The term “exceptional resource” means a resource of scientific, natural, historic, cultural, recreational access and use, or other recreational value that has been documented by a Federal, State, or local governmental authority, and for which there is a compelling need for conservation and protection under the jurisdiction of a Federal agency in order to maintain the resource for the benefit of the public.

(2)The term “federally designated area” means land in Alaska and the eleven contiguous Western States (as defined in section 1702(o) of this title) that is within the boundary of—

(A)a national monument, area of critical environmental concern, national conservation area, national riparian conservation area, national recreation area, national scenic area, research natural area, national outstanding natural area, priority species and habitats designated in a land use plan in accordance with subpart E (entitled “Fish and Wildlife”) of part I of Appendix C of Bureau of Land Management Land Use Planning Handbook H-1601-1 (Rel 1-1693), a special recreation management area, or a national natural landmark managed by the Bureau of Land Management;

(B)a unit of the National Park System;

(C)a unit of the National Wildlife Refuge System;

(D)a National Forest or National Grassland in the National Forest System; or

(E)an area within which the Secretary or the Secretary of Agriculture is otherwise authorized by law to acquire lands or interests therein that is designated as—

(i)wilderness under the Wilderness Act (16 U.S.C. 1131 et seq.);

(ii)a wilderness study area;

(iii)a component of the Wild and Scenic Rivers System under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); or

(iv)a component of the National Trails System under the National Trails System Act (16 U.S.C. 1241 et seq.).

(3)The term “inaccessible lands that are open to public hunting, fishing, recreational shooting, or other recreational purposes” means public lands in Alaska and the eleven contiguous Western States (as defined in section 1702 of this title) consisting of at least 640 contiguous acres on which the public is allowed under Federal or State law to hunt, fish, target shoot or use the land for other recreational purposes but—

(A)to which there is no public access or egress; or

(B)to which public access or egress to the land is significantly restricted, as determined by the Secretary.

(4)The term “inholding” means any right, title, or interest, held by a non-Federal entity, in or to a tract of land that lies within the boundary of a federally designated area.

(5)The term “public land” means public lands (as defined in section 1702 of this title).

(6)The term “Secretary” means the Secretary of the Interior.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Wilderness Act, referred to in par. (2)(E)(i), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see

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note set out under section 1131 of Title 16 and Tables. The Wild and Scenic Rivers Act, referred to in par. (2)(E)(iii), is Pub. L. 90–542, Oct. 2, 1968, 82 Stat. 906, which is classified generally to chapter 28 (§ 1271 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see

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note set out under section 1271 of Title 16 and Tables. The National Trails System Act, referred to in par. (2)(E)(iv), is Pub. L. 90–543, Oct. 2, 1968, 82 Stat. 919, which is classified generally to chapter 27 (§ 1241 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see

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note set out under section 1241 of Title 16 and Tables.

Amendments

2018—Par. (1). Pub. L. 115–141, § 302(1), substituted “cultural, recreational access and use, or other” for “cultural, or”. Par. (2). Pub. L. 115–141, § 302(2)(A), substituted “is within” for “on July 25, 2000, was within” in introductory provisions. Par. (2)(A). Pub. L. 115–141, § 302(2)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “a national monument, area of critical environmental concern, national conservation area, national riparian conservation area, national recreation area, national scenic area, research natural area, national outstanding natural area, or a national natural landmark managed by the Bureau of Land Management;”. Par. (2)(D). Pub. L. 115–141, § 302(2)(C), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “an area of the National Forest System designated for special management by an Act of Congress; or”. Pars. (3) to (6). Pub. L. 115–141, § 302(3), added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively.

§2302 Definitions

Summary

Title 43, §2302

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Amendments

Citations & Metadata