16 U.S.C. § 3203 — Wilderness management

Page 2269 TITLE 16—CONSERVATION § 3204 1 So in original. Probably should be ‘‘designated’’. est Lands Conservation Act. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. § 3203. Wilderness management (a) Application only to Alaska The provisions of this section are enacted in recognition of the unique conditions in Alaska. Nothing in this section shall be construed to ex- pand, diminish, or modify the provisions of the Wilderness Act [16 U.S.C. 1131 et seq.] or the ap- plication or interpretation of such provisions with respect to lands outside of Alaska. (b) Aquaculture In accordance with the goal of restoring and maintaining fish production in the State of Alaska to optimum sustained yield levels and in a manner which adequately assures protection, preservation, enhancement, and rehabilitation of the wilderness resource, the Secretary of Ag- riculture may permit fishery research, manage- ment, enhancement, and rehabilitation activi- ties within national forest wilderness and na- tional forest wilderness study areas designated by this Act. Subject to reasonable regulations, permanent improvements and facilities such as fishways, fish weirs, fish ladders, fish hatch- eries, spawning channels, stream clearance, egg planting, and other accepted means of maintain- ing, enhancing, and rehabilitating fish stocks may be permitted by the Secretary to achieve this objective. Any fish hatchery, fishpass or other aquaculture facility authorized for any such area shall be constructed, managed, and operated in a manner that minimizes adverse impacts on the wilderness character of the area. Developments for any such activities shall in- volve those facilities essential to these oper- ations and shall be constructed in such rustic manner as to blend into the natural character of the area. Reasonable access solely for the pur- poses of this subsection, including temporary use of motorized equipment, shall be permitted in furtherance of research, management, reha- bilitation and enhancement activities subject to reasonable regulations as the Secretary deems desirable to maintain the wilderness character, water quality, and fish and wildlife values of the area. (c) Existing cabins Previously existing public use cabins within wilderness designated by this Act, may be per- mitted to continue and may be maintained or replaced subject to such restrictions as the Sec- retary deems necessary to preserve the wilder- ness character of the area. (d) New cabins Within wilderness areas designated by this Act, the Secretary or the Secretary of Agri- culture as appropriate, is authorized to con- struct and maintain a limited number of new public use cabins and shelters if such cabins and shelters are necessary for the protection of the public health and safety. All such cabins or shel- ters shall be constructed of materials which blend and are compatible with the immediate and surrounding wilderness landscape. The Sec- retary or the Secretary of Agriculture, as appro- priate, shall notify the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources of his intention to remove an existing or construct a new public use cabin or shelter. (e) Timber contracts The Secretary of Agriculture is hereby di- rected to modify any existing national forest timber sale contracts applying to lands des- ignated by this Act as wilderness by sub- stituting, to the extent practicable, timber on the other national forest lands approximately equal in volume, species, grade, and accessi- bility for timber or relevant lands within such units. (f) Beach log salvage Within National Forest wilderness and na- tional forest monuments desginated 1 by this Act, the Secretary of Agriculture may permit or otherwise regulate the recovery and salvage of logs from coastlines. (Pub. L. 96–487, title XIII, § 1315, Dec. 2, 1980, 94 Stat. 2484; Pub. L. 103–437, § 6(d)(31), Nov. 2, 1994, 108 Stat. 4584.) Editorial Notes REFERENCES IN TEXT The Wilderness Act, referred to in subsec. (a), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. This Act, referred to in subsecs. (b) to (f), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For com- plete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. AMENDMENTS 1994—Subsec. (d). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ after ‘‘Committee on’’. § 3204. Allowed uses (a) Establishment and use of new facilities On all public lands where the taking of fish and wildlife is permitted in accordance with the provisions of this Act or other applicable State and Federal law the Secretary shall permit, sub- ject to reasonable regulation to insure compat- ibility, the continuance of existing uses, and the future establishment, and use, of temporary campsites, tent platforms, shelters, and other temporary facilities and equipment directly and necessarily related to such activities. Such fa- cilities and equipment shall be constructed, used, and maintained in a manner consistent with the protection of the area in which they are located. All new facilities shall be con- structed of materials which blend with, and are compatible with, the immediately surrounding landscape. Upon termination of such activities and uses (but not upon regular or seasonal ces- sation), such structures or facilities shall, upon written request, be removed from the area by the permittee.