PRIA, Government Policy, Made Personal

Summary

Congress decided that the USDA’s RARE II review and its Final Environmental Impact Statement dated January 1979 cannot be reviewed in court for National Forest System lands in Oklahoma. The RARE II review (and certain lands noted below) counts as a sufficient study of whether those lands could become wilderness for the initial land management plans. The Department of Agriculture does not have to redo the wilderness review until the plans are revised, which normally happens every 10 years and at least every 15 years unless the Secretary finds big changes sooner. Lands reviewed by RARE II or mentioned below that are not made wilderness when this takes effect must be managed for multiple use under land plans and do not have to be managed to protect wilderness suitability before or during plan revision. When plans are revised, lands not recommended for wilderness still need not be managed to protect wilderness suitability, but lands recommended must be managed to protect that suitability as required by law. The Department may not do another statewide roadless-area review in Oklahoma for wilderness suitability unless Congress allows it. “Revision” does not mean an “amendment.” This also covers certain lands in the Ouachita National Forest (Rich Mountain and Beech Creek plans) and forest roadless areas under 5,000 acres.

Title 16, §460vv–4

Conservation, Source: USLM XML via OLRC

(a)The Congress finds that—

(1)the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); and

(2)the Congress has made its own review and examination of National Forest System roadless areas in Oklahoma and of the environmental impacts associated with alternative allocations of such areas.

(b)On the basis of such review, the Congress hereby determines and directs that—

(1)without passing on the questions of the legal and factual sufficiency of the RARE II Final Environmental Impact Statement (dated January 1979) with respect to National Forest System lands in States other than Oklahoma, such statement shall not be subject to judicial review with respect to National Forest System lands in the State of Oklahoma;

(2)with respect to the National Forest System lands in the State of Oklahoma which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II) and those lands referred to in subsection (d), that review and evaluation or reference shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act of 1974 [16 U.S.C. 1600 et seq.], as amended by the National Forest Management Act of 1976, to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revision of the plans, but shall review the wilderness option when the plans are revised, which revisions will ordinarily occur on a ten-year cycle, or at least every fifteen years, unless, prior to such time the Secretary of Agriculture finds that conditions in a unit have significantly changed;

(3)areas in the State of Oklahoma reviewed in such final environmental statement or referenced in subsection (d) and not designated wilderness upon enactment of this subchapter shall be managed for multiple use in accordance with land management plans pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 [16 U.S.C. 1604], as amended by the National Forest Management Act of 1976, except that such areas need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of the initial land management plans;

(4)in the event that revised land management plans in the State of Oklahoma are implemented pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 [16 U.S.C. 1604], as amended by the National Forest Management Act of 1976, and other applicable law, areas not recommended for wilderness designation need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of such plans, and areas recommended for wilderness designation shall be managed for the purpose of protecting their suitability for wilderness designation as may be required by the Forest and Rangeland Renewable Resources Planning Act of 1974 [16 U.S.C. 1600 et seq.], as amended by the National Forest Management Act of 1976, and other applicable law; and

(5)unless expressly authorized by Congress, the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of the National Forest System lands in the State of Oklahoma for the purpose of determining their suitability for inclusion in the National Wilderness Preservation System.

(c)As used in this section, and as provided in section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 [16 U.S.C. 1604], as amended by the National Forest Management Act of 1976, the term “revision” shall not include an “amendment” to a plan.

(d)The provisions of this section shall also apply to:

(1)those National Forest System roadless lands in the State of Oklahoma in the Ouachita National Forest which were evaluated in the Rich Mountain and Beech Creek unit plans; and

(2)National Forest System roadless lands in the State of Oklahoma which are less than five thousand acres in size.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (b)(2), (4), is Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476, which is classified generally to subchapter I (§ 1600 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see

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note set out under section 1600 of this title and Tables. The National Forest Management Act of 1976, referred to in subsecs. (b)(2)–(4) and (c), is Pub. L. 94–588, Oct. 22, 1976, 90 Stat. 2949, which enacted section 472a, 521b, 1600, and 1611 to 1614 of this title, amended section 500, 515, 516, 518, 576b, and 1601 to 1610 of this title, repealed section 476, 513, and 514 of this title, and enacted provisions set out as notes under section 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see

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of 1976 Amendment note set out under section 1600 of this title and Tables.

§460vv–4 Wilderness Review

Summary

Title 16, §460vv–4

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Citations & Metadata