§ 1782. — Bureau of Land Management Wilderness Study.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1782]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER VI--DESIGNATED MANAGEMENT AREAS
Sec. 1782. Bureau of Land Management Wilderness Study
(a) Lands subject to review and designation as wilderness
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) Presidential recommendation for designation as wilderness
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) Status of lands during period of review and determination
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.
(Pub. L. 94-579, title VI, Sec. 603, Oct. 21, 1976, 90 Stat. 2785; Pub.
L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1000; Pub. L. 102-285,
Sec. 10(b), May 18, 1992, 106 Stat. 172.)
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, as amended,
which is classified generally to chapter 23 (Sec. 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, as amended, known as the Federal Land Policy and
Management Act of 1976. For complete classification of this Act to the
Code, see Tables.
The mining laws, referred to in subsec. (c), are classified
generally to Title 30, Mineral Lands and Mining.
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.
Transfer of Functions
Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996, 110
Stat. 1321-156, 1321-165; renumbered title I, Pub. L. 104-140,
Sec. 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.''
Section Referred to in Other Sections
This section is referred to in sections 1702, 1732, 1784 of this
title; title 16 sections 410fff-6, 460ccc-3, 460iii-5, 460nnn-22,
460nnn-64, 460nnn-92, 460ppp-6; title 25 section 640d-26; title 42
section 6508.
