16 U.S.C. § 1134

State and private lands within wilderness areas

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(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.

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, § 5, Sept. 3, 1964, 78 Stat. 896.)Executive DocumentsTransfer 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, §§ 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. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1980–2021 · leading case: Clouser v. Espy, 42 F.3d 1522 (9th Cir. 1994).

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Clouser v. Espy, 42 F.3d 1522 (9th Cir. 1994). · cites it 8× “16 U.S.C. § 1134 (b) provides that 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…”

Nelson v. United States, 64 F. Supp. 2d 1318 (N.D. Ga. 1999). · cites it 5× “The issues considered at trial were as follows: (1) whether plaintiffs have been provided adequate access to their property by the United States Forest Service of the United States Department of Agriculture (“Forest Service”) as required by Section 5(a) of the Wilderness Act, as…”

Stupak-Thrall v. United States, 89 F.3d 1269 (6th Cir. 1996). · cites it 2× “In the same breath as she cites the anti-buffer zone provision, Stupak-Thrall points to Section 5(c), 16 U.S.C. § 1134 (c), of the Wilderness Act: Subject to the appropriation of funds by Congress, the Secretary of Agriculture is authorized to acquire privately owned land within…”

Breaker v. United States, 977 F. Supp. 2d 921 (D. Minnesota 2013). · cites it 2× “Part 251, Subpart D, implement the *938 right of access provisions codified in 16 U.S.C. §§ 1134 and 3210. See 36 C.F.R.”

Florida Rock Indus., Inc. v. United States, 8 Cl. Ct. 160 (Ct. Cl. 1985). “16 U.S.C. § 1134 (1982). Similarly, the National Trails System Act provides for a system of exchange and/or monetary compensation for the acquisition of private land within a national scenic or historic trail right-of-way.”

Montana Wilderness Ass'n v. United States Forest Serv., 655 F.2d 951 (9th Cir. 1981). · cites it 2× “16 U.S.C. § 1134 (a); H.R.Rep. No. 95-620, 95th Cong.”

High Sierra Hikers Ass'n v. Weingardt, 521 F. Supp. 2d 1065 (N.D. Cal. 2007). “16 U.S.C. § 1134 (a). Moreover, a House Report recommending passage of the California Wilderness Act, 16 U.”

Dobbs v. United States Forest Serv. (10th Cir. 2020). · cites it 2× “” 16 U.S.C. § 1134 (a). In its supplemental brief, the Forest Service asks us to read this provision as providing “that a landowner has a right of access or exchange.”

Cascade Dev. Co. v. United States, 14 Cl. Ct. 651 (Ct. Cl. 1988). “16 U.S.C. § 1134 (c) (1982). Defendant could retain absolute domain over plaintiff by refusing to request an appropriation of sufficient funds to purchase, condemn or take the land and by refusing to permit plaintiff adequate access to its in-holding.”

S. Utah Wilderness All. v. Bernhardt (D.D.C. 2021). “Congress designated the area as wilderness land, subject to protections under the Wilderness Act, see 16 U.S.C. § 1134–36, with passage of the John D.”

Rights-of-Way Across Nat'l Forests (OLC 1980). · cites it 2× “§ 478 ; (b) The Wilderness Act, § 5(a), 16 U.S.C. § 1134 (a); (c) The Act of October 13, 1964, 16 U.”

Johnson v. United States Forest Serv., 93 F. App'x 133 (9th Cir. 2004). “I The Absaroka Trust is entitled to “adequate access” to its property, see 16 U.S.C. §§ 1134 (a), 3210(a), 1 defined as “a route and method of access to non-Federal land that provides for reasonable use and enjoyment of the non-Federal land consistent with similarly situated…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.