§ 1134. — State and private lands within wilderness areas.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC1134]
TITLE 16--CONSERVATION
CHAPTER 23--NATIONAL WILDERNESS PRESERVATION SYSTEM
Sec. 1134. State and private lands within wilderness areas
(a) Access; exchange of lands; mineral interests restriction
In any case where State-owned or privately owned land is completely
surrounded by national forest lands within areas designated by this
chapter as wilderness, such State or private owner shall be given such
rights as may be necessary to assure adequate access to such State-owned
or privately owned land by such State or private owner and their
successors in interest, or the State-owned land or privately owned land
shall be exchanged for federally owned land in the same State of
approximately equal value under authorities available to the Secretary
of Agriculture: Provided, however, That the United States shall not
transfer to a State or private owner any mineral interests unless the
State or private owner relinquishes or causes to be relinquished to the
United States the mineral interest in the surrounded land.
(b) Customary means for ingress and egress to wilderness areas subject
to mining claims or other occupancies
In any case where valid mining claims or other valid occupancies are
wholly within a designated national forest wilderness area, the
Secretary of Agriculture shall, by reasonable regulations consistent
with the preservation of the area as wilderness, permit ingress and
egress to such surrounded areas by means which have been or are being
customarily enjoyed with respect to other such areas similarly situated.
(c) Acquisition of lands
Subject to the appropriation of funds by Congress, the Secretary of
Agriculture is authorized to acquire privately owned land within the
perimeter of any area designated by this chapter as wilderness if (1)
the owner concurs in such acquisition or (2) the acquisition is
specifically authorized by Congress.
(Pub. L. 88-577, Sec. 5, Sept. 3, 1964, 78 Stat. 896.)
Transfer of Functions
Enforcement functions of Secretary or other official in Department
of Agriculture, insofar as they involve lands and programs under
jurisdiction of that Department, related to compliance with this chapter
with respect to pre-construction, construction, and initial operation of
transportation system for Canadian and Alaskan natural gas transferred
to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, Secs. 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector for
the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by
section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of
Federal Inspector note under section 719e of Title 15, Commerce and
Trade.
