§1134 State and Private Lands Within Wilderness Areas

Summary

If State or private land is completely surrounded by national forest land that is designated as wilderness, the owner must be given the access needed to reach that land and for future owners. If access cannot be arranged, the owner may exchange the land for federally owned land in the same State of about the same value using the Secretary of Agriculture’s land-exchange powers. The United States will not transfer mineral rights to the owner unless the owner first gives up the mineral rights in the surrounded land to the United States. For valid mining claims or other legal occupations fully inside the wilderness, the Secretary of Agriculture must allow coming and going by the ways normally used, while making reasonable rules that protect the wilderness. If Congress provides the money, the Secretary may buy privately owned land inside the wilderness if the owner agrees or if Congress specifically authorizes the purchase.