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H.R. 1627 (99th): Kentucky Wilderness Act of 1985

The text of the bill below is as of Dec 23, 1985 (Passed Congress).


PUBLIC LAW 99-197—DEC. 23, 1985                                   99 STAT. 1351
Public Law 99-197
99th Congress
                                    An Act
To designate certain national forest system lands in the State of Kentucky for          Dec. 23, 1985
  inclusion in the National Wilderness Preservation System, to release other forest      [H.R. 1627]
  lands for multiple use management, and for other purposes.

  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may                     Kentucky
be cited as the "Kentucky Wilderness Act of 1985".                                    Wilderness Act
                                                                                      of 1985.
  SEC. 2. In furtherance of the purposes of the Wilderness Act of                     16 u s e 1132
1964 (16 U.S.C. 1131 et seq.) certain National Forest System lands                    note.
located within the Daniel Boone National Forest, Kentucky, which
comprise approximately thirteen thousand three hundred acres as
generally depicted on a map entitled "Clifty Wilderness—Proposed",
dated January 1985, are hereby designated as wilderness, and shall
be known as the Clifty Wilderness.
  SEC. 3. Subject to valid existing rights, the Clifty Wilderness shall
be administered by the Secretary of Agriculture as a component of
the National Wilderness Preservation System 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                   16 u s e 1131
reference to the effective date of this Act.                                          note.
  SEC. 4. (a) The Congress finds that—
        (1) the Department of Agriculture has completed the Second                    Conservation.
     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 Kentucky
     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 Kentucky, such statement shall not
      be subject to judicial review with respect to National Forest
      System lands in the State of Kentucky;
         (2) with respect to the National Forest System lands in the
      State of Kentucky which were reviewed by the Department of
      Agriculture in the second roadless area review and evaluation
      (RARE II) and those lands referred to in subsection (d), except
      those lands remaining in further planning upon enactment of
      this Act, that review and evaluation or reference shall be
      deemed for the purposes of the initial land management plans
      required for such lands by Forest and Rangeland Renewable
      Resources Planning Act of 1974, as amended by the National                      16 u s e 1600
      Forest Management Act of 1976, to be an adequate consider-                      note.
                                                                                      16 u s e 1600
      ation of the suitability of such lands for inclusion in the Na-                 note.
      tional Wilderness Preservation System and the Department of

99 STAT. 1352 PUBLIC LAW 99-197—DEC. 23, 1985 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 Kentucky reviewed in such final environmental statement or referenced in subsection (d) and not recommended for further planning as a result of the second roadless area review and evaluation program or designated as wilderness upon enactment of this Act shall be managed for multiple use in accordance with land management plans pursu- ant to section 6 of the Forest Rangeland Renewable Resources 16 u s e 1604. Act of 1974, as amended by the National Forest Planning Act of 16 u s e 1600 1976: Provided, That such areas need not be managed for the note. purpose of protecting their suitability for wilderness designa- tion prior to or during revision of the initial land management plans; (4) in the event that revised land management plans in the State of Kentucky 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 u s e 1600 1976, and other applicable law, areas not recommended for note. wilderness designation need not be managed for the purpose of protecting their suitability for wilderniess 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 u s e 1600 Planning Act of 1974, as amended by the National Forest note. Management Act of 1976, and other applicable law; and 16 u s e 1600 note. (5) unless expressly authorized by Congress, the Department Prohibition. of Agriculture shall not conduct any further statewide roadless area review and evaluation of National Forest System lands in the State of Kentucky for the purposes of determining their suitability for inclusion in the National Wilderness Preserva- tion System. (c) As used in this section, and as provided in section 6 of the 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 Kentucky which are less than five thousand acres in size. Public SEC. 5, As soon as practicable after enactment of this Act, the map availability. and a legal description of the Clifty Wilderness shall be filed with the Committees on Agriculture and Interior and Insular Affairs of the House of Representatives and the Committees on Energy and Natural Resources and Agriculture, Nutrition, and Forestry of the Senate, and such map and legal description shall have the same force and effect as if included in this Act: Provided, however, That
PUBLIC LAW 99-197—DEC. 23, 1985 99 STAT. 1353 corrections of clerical and typographical errors in such legal descrip- tion and map may be made. Approved December 23, 1985. €,A^ to ic: LEGISLATIVE HISTORY—H.R. 1627: HOUSE REPORT No. 99-411, Pt. I (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 131 (1985): Dec. 9, considered and passed House. Dec. 12, considered and passed Senate.