16 U.S.C. § 410aaa–59: No adverse effect on…

Summary

Private land inside the borders of new or expanded wilderness areas or National Park units does not have to follow rules that apply only to federal land until the United States actually buys it, and the land can be used under other laws. Being inside those borders or the possibility the United States might buy the land does not stop the government from issuing federal licenses or permits, except for permits tied to activities covered by section 100903 of title 54; this does not change how section 1865(b) of title 18, subchapter III of chapter 1007 of title 54, the Clean Air Act (42 U.S.C. 7401 et seq.), or the oil-and-gas rules at 36 CFR 9B apply.

Title 16, §410aaa–59

Conservation, Source: USLM XML via OLRC

Unless and until acquired by the United States, no lands within the boundaries of wilderness areas or National Park System units designated or enlarged by this Act that are owned by any person or entity other than the United States shall be subject to any of the rules or regulations applicable solely to the Federal lands within such boundaries and may be used to the extent allowed by applicable law. Neither the location of such lands within such boundaries nor the possible acquisition of such lands by the United States shall constitute a bar to the otherwise lawful issuance of any Federal license or permit other than a license or permit related to activities governed by section 100903 of title 54. Nothing in this section shall be construed as affecting the applicability of any provision of section 1865(b) of title 18, subchapter III of chapter 1007 of title 54, the Clean Air Act (42 U.S.C. 7401 et seq.), or regulations applicable to oil and gas development as set forth in 36 CFR 9B.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in text, is defined in section 3 of Pub. L. 103–433, which is set out as a Definitions note under section 410aaa of this title. The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 7401 of Title 42 and Tables. Codification In text, “section 100903 of title 54” substituted for “16 U.S.C. 460l–22(c)” and “section 1865(b) of title 18, subchapter III of chapter 1007 of title 54” substituted for “the Mining in the Parks Act (16 U.S.C. 1901 et seq.)” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

§410aaa–59 No Adverse Effect on Land Until Acquired