16 U.S.C. § 1132 : US Code - Section 1132: Extent of System

Search 16 U.S.C. § 1132 : US Code - Section 1132: Extent of System

(a) Designation of wilderness areas; filing of maps and
descriptions with Congressional committees; correction of errors;
public records; availability of records in regional offices
All areas within the national forests classified at least 30 days
before September 3, 1964 by the Secretary of Agriculture or the
Chief of the Forest Service as "wilderness", "wild", or "canoe" are
hereby designated as wilderness areas. The Secretary of Agriculture
shall -
(1) Within one year after September 3, 1964, file a map and
legal description of each wilderness area with the Interior and
Insular Affairs Committees of the United States Senate and the
House of Representatives, and such descriptions shall have the
same force and effect as if included in this chapter: Provided,
however, That correction of clerical and typographical errors in
such legal descriptions and maps may be made.
(2) Maintain, available to the public, records pertaining to
said wilderness areas, including maps and legal descriptions,
copies of regulations governing them, copies of public notices
of, and reports submitted to Congress regarding pending
additions, eliminations, or modifications. Maps, legal
descriptions, and regulations pertaining to wilderness areas
within their respective jurisdictions also shall be available to
the public in the offices of regional foresters, national forest
supervisors, and forest rangers.
(b) Review by Secretary of Agriculture of classifications as
primitive areas; Presidential recommendations to Congress;
approval of Congress; size of primitive areas; Gore Range-Eagles
Nest Primitive Area, Colorado
The Secretary of Agriculture shall, within ten years after
September 3, 1964, review, as to its suitability or nonsuitability
for preservation as wilderness, each area in the national forests
classified on September 3, 1964 by the Secretary of Agriculture or
the Chief of the Forest Service as "primitive" and report his
findings to the President. The President shall advise the United
States Senate and House of Representatives of his recommendations
with respect to the designation as "wilderness" or other
reclassification of each area on which review has been completed,
together with maps and a definition of boundaries. Such advice
shall be given with respect to not less than one-third of all the
areas now classified as "primitive" within three years after
September 3, 1964, not less than two-thirds within seven years
after September 3, 1964, and the remaining areas within ten years
after September 3, 1964. Each recommendation of the President for
designation as "wilderness" shall become effective only if so
provided by an Act of Congress. Areas classified as "primitive" on
September 3, 1964 shall continue to be administered under the rules
and regulations affecting such areas on September 3, 1964 until
Congress has determined otherwise. Any such area may be increased
in size by the President at the time he submits his recommendations
to the Congress by not more than five thousand acres with no more
than one thousand two hundred and eighty acres of such increase in
any one compact unit; if it is proposed to increase the size of any
such area by more than five thousand acres or by more than one
thousand two hundred and eighty acres in any one compact unit the
increase in size shall not become effective until acted upon by
Congress. Nothing herein contained shall limit the President in
proposing, as part of his recommendations to Congress, the
alteration of existing boundaries of primitive areas or
recommending the addition of any contiguous area of national forest
lands predominantly of wilderness value. Notwithstanding any other
provisions of this chapter, the Secretary of Agriculture may
complete his review and delete such area as may be necessary, but
not to exceed seven thousand acres, from the southern tip of the
Gore Range-Eagles Nest Primitive Area, Colorado, if the Secretary
determines that such action is in the public interest.
(c) Review by Secretary of the Interior of roadless areas of
national park system and national wildlife refuges and game
ranges and suitability of areas for preservation as wilderness;
authority of Secretary of the Interior to maintain roadless areas
in national park system unaffected
Within ten years after September 3, 1964 the Secretary of the
Interior shall review every roadless area of five thousand
contiguous acres or more in the national parks, monuments and other
units of the national park system and every such area of, and every
roadless island within the national wildlife refuges and game
ranges, under his jurisdiction on September 3, 1964 and shall
report to the President his recommendation as to the suitability or
nonsuitability of each such area or island for preservation as
wilderness. The President shall advise the President of the Senate
and the Speaker of the House of Representatives of his
recommendation with respect to the designation as wilderness of
each such area or island on which review has been completed,
together with a map thereof and a definition of its boundaries.
Such advice shall be given with respect to not less than one-third
of the areas and islands to be reviewed under this subsection
within three years after September 3, 1964, not less than two-
thirds within seven years of September 3, 1964 and the remainder
within ten years of September 3, 1964. A recommendation of the
President for designation as wilderness shall become effective only
if so provided by an Act of Congress. Nothing contained herein
shall, by implication or otherwise, be construed to lessen the
present statutory authority of the Secretary of the Interior with
respect to the maintenance of roadless areas within units of the
national park system.
(d) Conditions precedent to administrative recommendations of
suitability of areas for preservation as wilderness; publication
in Federal Register; public hearings; views of State, county, and
Federal officials; submission of views to Congress
(1) The Secretary of Agriculture and the Secretary of the
Interior shall, prior to submitting any recommendations to the
President with respect to the suitability of any area for
preservation as wilderness -
(A) give such public notice of the proposed action as they deem
appropriate, including publication in the Federal Register and in
a newspaper having general circulation in the area or areas in
the vicinity of the affected land;
(B) hold a public hearing or hearings at a location or
locations convenient to the area affected. The hearings shall be
announced through such means as the respective Secretaries
involved deem appropriate, including notices in the Federal
Register and in newspapers of general circulation in the area:
Provided, That if the lands involved are located in more than one
State, at least one hearing shall be held in each State in which
a portion of the land lies;
(C) at least thirty days before the date of a hearing advise
the Governor of each State and the governing board of each
county, or in Alaska the borough, in which the lands are located,
and Federal departments and agencies concerned, and invite such
officials and Federal agencies to submit their views on the
proposed action at the hearing or by no later than thirty days
following the date of the hearing.
(2) Any views submitted to the appropriate Secretary under the
provisions of (1) of this subsection with respect to any area shall
be included with any recommendations to the President and to
Congress with respect to such area.
(e) Modification or adjustment of boundaries; public notice and
hearings; administrative and executive recommendations to
Congress; approval of Congress
Any modification or adjustment of boundaries of any wilderness
area shall be recommended by the appropriate Secretary after public
notice of such proposal and public hearing or hearings as provided
in subsection (d) of this section. The proposed modification or
adjustment shall then be recommended with map and description
thereof to the President. The President shall advise the United
States Senate and the House of Representatives of his
recommendations with respect to such modification or adjustment and
such recommendations shall become effective only in the same manner
as provided for in subsections (b) and (c) of this section.