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Volume 96 · 1942

Public Law 97–384

To establish the Charles C. Deam Wilderness in the Hoosier National Forest, Indiana.

Approved December 22, 1982

Statutory text

An Act

To establish the Charles C. Deam Wilderness in the Hoosier National Forest, Indiana.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That in furtherance of the purposes of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1131), certain lands within the Hoosier National Forest, Indiana, which comprise approximately twelve thousand nine hundred and fifty-three acres as generally depicted on a map entitled “Charles C. Deam Wilderness—Proposed”, dated April 30, 1982, are hereby designated as wilderness, and therefore as a component of the national wilderness system, and shall be known as the Charles C. Deam Wilderness.

Sec. 2.

Subject to valid existing rights, the Charles C. Deam Wilderness as designated by this Act shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act.

Sec. 3.

Nothing in this Act shall affect the right of public access to cemeteries located within the Charles C. Deam Wilderness, including the Terril Cemetery. The right of access to privately-owned land completely surrounded by national forest lands within the area, designated by this Act as wilderness and to valid occupancies wholly within the area designated by this Act as wilderness shall be protected in accordance with the provisions of section 5 of the

16 USC 1134.

Wilderness Act.

Sec. 4.

(a)

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 roadless areas in Indiana and the environmental impacts associated with alternative allocations of such areas.

(b)

On the basis of such review, the Congress hereby determines and directs that—

(1)

without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to national forest lands in States other than Indiana, such statement shall not be subject to judicial review with respect to national forest system lands in the State of Indiana;

(2)

with respect to the national forest lands in the State of Indiana which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II), that review and evaluation 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

16 USC 1600 note.

of 1974 as amended by the National Forest Management Act of 1976 (Public Law 94–588) to be an adequate consideration of the

16 USC 1600 note.

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 initial plans and in no case prior to the date established by law for completion of the initial planning cycle;

(3)

areas in the State of Indiana reviewed in such final environmental statement and not designated as wilderness by this Act shall be managed for multiple use pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 as amended by the National Forest Management Act of 1976; and

16 USC 1600 note.

(4)

unless expressly authorized by Congress the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of national forest system lands in the State of Indiana for the purpose of determining their suitability for inclusion in the National Wilderness Preservation System.

Sec. 5.

As soon as practicable after enactment of this Act, maps

Filing.

and legal descriptions of the Wilderness Area shall be filed with the Committees on Agriculture and Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, and such maps and legal descriptions shall have the same force and effect as if included in this Act: Provided, however, That corrections of clerical and typographical errors in such legal descriptions and maps may be made.

Approved December 22, 1982.

Parsed from the official Statutes at Large USLM XML in 96.xml