§1782 — Title 43 Public Lands | U.S. Code

Summary

The Secretary must review roadless areas of 5,000 acres or more and roadless islands that the inventory found to have wilderness traits. The review work had to start so it would be finished within 15 years after October 21, 1976. For each area the Secretary must tell the President whether it is suitable for wilderness. Before recommending wilderness, the Secretary must have the U.S. Geological Survey and the Bureau of Mines check for mineral values. The Secretary also had to report by July 1, 1980 on places he formally called natural or primitive before November 1, 1975. The reviews follow the Wilderness Act procedures. After getting each report, the President has two years to send the Senate President and the House Speaker a recommendation, a map, and boundary lines. A presidential recommendation only becomes law if Congress passes it. While areas are under review and until Congress decides, the Secretary must manage them so their wilderness suitability is not harmed, but ongoing mining, grazing, and mineral leasing that existed on October 21, 1976 may continue. The Secretary must prevent unnecessary damage and protect the environment. Lands remain open to mining claims unless already withdrawn or withdrawn under section 1714 for other reasons. If Congress designates an area as wilderness, the Wilderness Act rules for national forest wilderness areas apply, including rules about mineral surveys, development, access, land exchange, and mining claimant rights.

Title 43, §1782

Public Lands — Source: USLM XML via OLRC

(a)Within fifteen years after October 21, 1976, the Secretary shall review those roadless areas of five thousand acres or more and roadless islands of the public lands, identified during the inventory required by section 1711(a) of this title as having wilderness characteristics described in the Wilderness Act of September 3, 1964 (78 Stat. 890; 16 U.S.C. 1131 et seq.) and shall from time to time report to the President his recommendation as to the suitability or nonsuitability of each such area or island for preservation as wilderness: Provided, That prior to any recommendations for the designation of an area as wilderness the Secretary shall cause mineral surveys to be conducted by the United States Geological Survey and the United States Bureau of Mines to determine the mineral values, if any, that may be present in such areas: Provided further, That the Secretary shall report to the President by July 1, 1980, his recommendations on those areas which the Secretary has prior to November 1, 1975, formally identified as natural or primitive areas. The review required by this subsection shall be conducted in accordance with the procedure specified in section 3(d) of the Wilderness Act [16 U.S.C. 1132(d)].

(b)The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to designation as wilderness of each such area, together with a map thereof and a definition of its boundaries. Such advice by the President shall be given within two years of the receipt of each report from the Secretary. A recommendation of the President for designation as wilderness shall become effective only if so provided by an Act of Congress.

(c)During the period of review of such areas and until Congress has determined otherwise, the Secretary shall continue to manage such lands according to his authority under this Act and other applicable law in a manner so as not to impair the suitability of such areas for preservation as wilderness, subject, however, to the continuation of existing mining and grazing uses and mineral leasing in the manner and degree in which the same was being conducted on October 21, 1976: Provided, That, in managing the public lands the Secretary shall by regulation or otherwise take any action required to prevent unnecessary or undue degradation of the lands and their resources or to afford environmental protection. Unless previously withdrawn from appropriation under the mining laws, such lands shall continue to be subject to such appropriation during the period of review unless withdrawn by the Secretary under the procedures of section 1714 of this title for reasons other than preservation of their wilderness character. Once an area has been designated for preservation as wilderness, the provisions of the Wilderness Act [16 U.S.C. 1131 et seq.] which apply to national forest wilderness areas shall apply with respect to the administration and use of such designated area, including mineral surveys required by section 4(d)(2) of the Wilderness Act [16 U.S.C. 1133(d)(2)], and mineral development, access, exchange of lands, and ingress and egress for mining claimants and occupants.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Wilderness Act of September 3, 1964, referred to in subsecs. (a) and (c), 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

Short Title

note set out under section 1131 of Title 16 and Tables. This Act, referred to in subsec. (c), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

Statutory Notes and Related Subsidiaries

Change of Name

“United States Geological Survey” substituted for “Geological Survey” in subsec. (a) pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of this title. “United States Bureau of Mines” substituted for “Bureau of Mines” in subsec. (a) pursuant to section 10(b) of Pub. L. 102–285, set out as a note under section 1 of Title 30, Mineral Lands and Mining. For provisions relating to closure and

Transfer of Functions

of the United States Bureau of Mines, see note set out under section 1 of Title 30. Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996, 110 Stat. 1321–156, 1321–165; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in part: “That the authority granted to the United States Bureau of Mines to conduct mineral surveys and to determine mineral values by section 603 of Public Law 94–579 [43 U.S.C. 1782] is hereby transferred to, and vested in, the Director of the United States Geological Survey.”

§1782 Bureau of Land Management Wilderness Study