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Volume 98 · 250

Public Law 98–321

To establish wilderness areas in Wisconsin.

Approved June 19, 1984

Statutory text

An Act

To establish wilderness areas in Wisconsin.

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

That this Act may be cited as the “Wisconsin Wilderness Act of 1984”.

Sec. 2. designation of wilderness areas

In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131–1136), the following lands are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System—

(1)

certain lands in the Chequamegon National Forest, Wisconsin, which comprise approximately four thousand two hundred and thirty-five acres, as generally depicted on a map entitled “Porcupine Lake”, dated November 1983; and

(2)

certain lands in the Nicolet National Forest, Wisconsin, which are generally known as the “Headwaters Wilderness”, as generally depicted on a map dated November 1983, and which are known as—

(A)

“Kimball Creek”, comprising approximately seven thousand five hundred and twenty-seven acres;

(B)

“Headwaters of the Pine”, comprising approximately eight thousand eight hundred and seventy-two acres; and

(C)

“Shelp Lake”, comprising approximately three thousand seven hundred and five acres.

Sec. 3. maps and descriptions

As soon as practicable after enactment of this Act, the Secretary of Agriculture shall file a map and a legal description of each wilderness area designated by this Act with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the United States House of Representatives and with the Committee on Agriculture, Nutrition, and Forestry of the United States Senate. Each such map and description shall have the same force and effect as if included in this Act, except that correction of clerical and typographical errors in each such map and description may be made

Public availability.

by the Secretary. Each such map and description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture.

Sec. 4. administration of wilderness

Subject to valid existing rights, each wilderness area designated by this Act shall be administered by the Secretary of

16 USC 1131 note.

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 Wilder-ness Act shall be deemed to be a reference to the date of enactment

16 USC 1131 note.

of this Act.

Sec. 5. effect of rare ii

(a)

The Congress finds that—

Conservation.

(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 the State of Wisconsin and of the environmental impacts associated with alternative allocations of such areas.

(b)

On the basis of such review, the Congress hereby determines

Congress.

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 System lands in States other than Wisconsin, such statement shall not be subject to judicial review with respect to National Forest System lands in the State of Wisconsin;

(2)

with respect to the National Forest System lands in the State of Wisconsin which were reviewed by the Department of Agriculture in the second roadless area review ana evaluation (RARE II) and those lands referred to in subsection (d), 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, as amended by the National Forest Management

16 USC 1600 note.

16 USC 1600 note.

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 revisions 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 Wisconsin reviewed in such final environmental statement or referenced in subsection (d) and not designated wilderness upon enactment of this Act 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, as amended by the

16 USC 1604.

National Forest Management Act of 1976: Provided, 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 Wisconsin are implemented pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of

16 USC 1604.

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

16 USC 1600 note.

16 USC 1600 note.

Planning Act of 1974, 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 National Forest System lands in the State of Wisconsin for the purpose of determining their suitability for inclusion in the National Wilderness Preservation System.

(c)

As used in this section, and as provided in section 6 of the

16 USC 1604.

Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, the term “revision” shall not include an “amendment” to a plan.

(d)

The provisions of this section shall also apply to National Forest System roadless lands in the State of Wisconsin which are less than five thousand acres in size.

Approved June 19, 1984.

Parsed from the official Statutes at Large USLM XML in 98.xml