43 U.S.C. § 1782

Bureau of Land Management Wilderness Study

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(a) Lands subject to review and designation as wilderness

Within fifteen years after October 21, 1976, the Secretary shall review those roadless areas of five thousand acres or more and roadless islands of the public lands, identified during the inventory required by section 1711(a) of this title as having wilderness characteristics described in the Wilderness Act of September 3, 1964 (78 Stat. 890; 16 U.S.C. 1131 et seq.) and shall from time to time report to the President his recommendation as to the suitability or nonsuitability of each such area or island for preservation as wilderness: Provided, That prior to any recommendations for the designation of an area as wilderness the Secretary shall cause mineral surveys to be conducted by the United States Geological Survey and the United States Bureau of Mines to determine the mineral values, if any, that may be present in such areas: Provided further, That the Secretary shall report to the President by July 1, 1980, his recommendations on those areas which the Secretary has prior to November 1, 1975, formally identified as natural or primitive areas. The review required by this subsection shall be conducted in accordance with the procedure specified in section 3(d) of the Wilderness Act [16 U.S.C. 1132(d)].

(b) Presidential recommendation for designation as wilderness

The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to designation as wilderness of each such area, together with a map thereof and a definition of its boundaries. Such advice by the President shall be given within two years of the receipt of each report from the Secretary. A recommendation of the President for designation as wilderness shall become effective only if so provided by an Act of Congress.

During the period of review of such areas and until Congress has determined otherwise, the Secretary shall continue to manage such lands according to his authority under this Act and other applicable law in a manner so as not to impair the suitability of such areas for preservation as wilderness, subject, however, to the continuation of existing mining and grazing uses and mineral leasing in the manner and degree in which the same was being conducted on October 21, 1976: Provided, That, in managing the public lands the Secretary shall by regulation or otherwise take any action required to prevent unnecessary or undue degradation of the lands and their resources or to afford environmental protection. Unless previously withdrawn from appropriation under the mining laws, such lands shall continue to be subject to such appropriation during the period of review unless withdrawn by the Secretary under the procedures of section 1714 of this title for reasons other than preservation of their wilderness character. Once an area has been designated for preservation as wilderness, the provisions of the Wilderness Act [16 U.S.C. 1131 et seq.] which apply to national forest wilderness areas shall apply with respect to the administration and use of such designated area, including mineral surveys required by section 4(d)(2) of the Wilderness Act [16 U.S.C. 1133(d)(2)], and mineral development, access, exchange of lands, and ingress and egress for mining claimants and occupants.

(Pub. L. 94–579, title VI, § 603, Oct. 21, 1976, 90 Stat. 2785; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000; Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.)Editorial NotesReferences in Text

The Wilderness Act of September 3, 1964, referred to in subsecs. (a) and (c), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of Title 16 and Tables.

This Act, referred to in subsec. (c), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

Statutory Notes and Related SubsidiariesChange of Name

“United States Geological Survey” substituted for “Geological Survey” in subsec. (a) pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of this title.

“United States Bureau of Mines” substituted for “Bureau of Mines” in subsec. (a) pursuant to section 10(b) of Pub. L. 102–285, set out as a note under section 1 of Title 30, Mineral Lands and Mining. For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see note set out under section 1 of Title 30.

Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996, 110 Stat. 1321–156, 1321–165; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in part: “That the authority granted to the United States Bureau of Mines to conduct mineral surveys and to determine mineral values by section 603 of Public Law 94–579 [43 U.S.C. 1782] is hereby transferred to, and vested in, the Director of the United States Geological Survey.”

Notes of Decisions

Cited in 81 cases (6 in the last 5 years), 1977–2025 · leading case: Oregon Nat. Desert Ass'n v. Bureau of Land Mgmt., 625 F.3d 1092 (9th Cir. 2010).

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Oregon Nat. Desert Ass'n v. Bureau of Land Mgmt., 625 F.3d 1092 (9th Cir. 2010). · cites it 18× “The FLPMA remedied this deficiency by providing specifically for a review of wilderness resources on BLM lands, see 43 U.S.C. § 1782 , and by ensuring that lands with wilderness characteristics are regularly inventoried for use in land use planning.”

Oregon Nat. Desert Ass'n v. Bureau of Land Mgmt., 531 F.3d 1114 (9th Cir. 2008). · cites it 18× “The FLPMA remedied this deficiency by providing specifically for a review of wilderness resources on BLM lands, see 43 U.S.C. § 1782 , and by ensuring that lands with wilderness characteristics are regularly inventoried for use in land use planning.”

Sierra Club v. Watt, 608 F. Supp. 305 (E.D. Cal. 1985). · cites it 16× “FLPMA § 603(a), 43 U.S.C. § 1782 (a). “Public lands” required to be reviewed under section 603(a) are lands and interests in land owned by the United States and managed by the BLM, excepting Outer Continental Shelf and native trust lands.”

Norton v. S. Utah Wilderness All., 542 U.S. 55 (2004). · cites it 3× “The designation of a wil *59 derness area can be made only by Act of Congress, see 43 U.S.C. § 1782 (b). Pursuant to §1782, the Secretary of the Interior (Secretary) has identified so-called “wilderness study areas” (WSAs), roadless lands of 5,000 acres or more that possess…”

Reeves v. United States, 54 Fed. Cl. 652 (Fed. Cl. 2002). · cites it 25× “See 43 U.S.C. § 1782 . In 1990, the BLM issued a Final Environmental Impact Statement (EIS) proposing that the Carcass Canyon WSA was not suitable for wilderness preservation.”

Kane Cnty., Utah v. United States, 928 F.3d 877 (10th Cir. 2019). · cites it 2× “2743 , 2786; accord 43 U.S.C. § 1782 (c) (providing the Secretary must manage wilderness study areas “subject .”

Montana Wilderness Ass'n v. Gene Terland, 725 F.3d 988 (9th Cir. 2013). · cites it 6× “” 43 U.S.C. § 1782 (a). “During the period of review of such areas and until Congress has determined otherwise, the Secretary shall continue to manage such lands according to his authority under this Act and other applicable law in a manner so as not to impair the suitability of…”

New Mexico Ex Rel. Richardson v. Bureau of Land Mgmt., 565 F.3d 683 (10th Cir. 2009). · cites it 2× “See 43 U.S.C. § 1782 ; Utah, 535 F.3d at 1186-87.”

Wilderness Soc'y v. United States Dep't of the Interior, 344 F. Supp. 2d 1 (D.D.C. 2004). · cites it 2× “” 43 U.S.C. § 1782 (a). Upon being advised by the Secretary of the DOI of lands that qualify as wilderness areas, the President is.”

Kane Cnty., Utah v. United States, 772 F.3d 1205 (10th Cir. 2014). · cites it 3× “43 U.S.C. § 1782 (a). An area of wilderness was defined to mean “an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation.”

Sierra Club v. Hodel, 848 F.2d 1068 (10th Cir. 1988). · cites it 8× “at § 603(c), 43 U.S.C. § 1782 (c). Further, the duty to define and protect “roadless” areas of “more than 5,000 acres” “having .”

Wilderness Soc'y v. Kane Cnty., 581 F.3d 1198 (10th Cir. 2009). · cites it 3× “2744 , 2786 (1976); see also 43 U.S.C. § 1782 (c) (WSAs, including Moquith Mountain); Arizona Wilderness Act of 1984, Pub.”

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— 43 U.S.C. § 1782(c) — 1 case

Reeves v. United States, 54 Fed. Cl. 652 (Fed. Cl. 2002). “See 43 U.S.C. § 1782 . In 1990, the BLM issued a Final Environmental Impact Statement (EIS) proposing that the Carcass Canyon WSA was not suitable for wilderness preservation.”

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