§ 460vv-4. — Wilderness review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460vv-4]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII--WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA
Sec. 460vv-4. Wilderness review
(a) Findings
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) Congressional determination and direction
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) of this section,
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) of this
section 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) Use of term
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) Application of provisions
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.
(Pub. L. 100-499, Sec. 6, Oct. 18, 1988, 102 Stat. 2493.)
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, as amended, which is classified generally to subchapter I
(Sec. 1600 et seq.) of chapter 36 of this title. For complete
classification of this Act to the Code, see Short Title 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, as
amended, which enacted sections 472a, 521b, 1600, and 1611 to 1614 of
this title, amended sections 500, 515, 516, 518, 576b, and 1601 to 1610
of this title, repealed sections 476, 513, and 514 of this title, and
enacted provisions set out as notes under sections 476, 513, 528, 594-2,
and 1600 of this title. For complete classification of this Act to the
Code, see Short Title of 1976 Amendment note set out under section 1600
of this title and Tables.
