43 U.S.C. § 2302

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 2302 - Definitions

In this chapter:

(1) Exceptional resource

The term "exceptional resource" means a resource of scientific, natural, historic, cultural, recreational access and use, or other recreational value that has been documented by a Federal, State, or local governmental authority, and for which there is a compelling need for conservation and protection under the jurisdiction of a Federal agency in order to maintain the resource for the benefit of the public.

(2) Federally designated area

The term "federally designated area" means land in Alaska and the eleven contiguous Western States (as defined in section 1702(o) of this title) that is within the boundary of-

(A) a national monument, area of critical environmental concern, national conservation area, national riparian conservation area, national recreation area, national scenic area, research natural area, national outstanding natural area, priority species and habitats designated in a land use plan in accordance with subpart E (entitled "Fish and Wildlife") of part I of Appendix C of Bureau of Land Management Land Use Planning Handbook H-1601-1 (Rel 1-1693), a special recreation management area, or a national natural landmark managed by the Bureau of Land Management;

(B) a unit of the National Park System;

(C) a unit of the National Wildlife Refuge System;

(D) a National Forest or National Grassland in the National Forest System; or

(E) an area within which the Secretary or the Secretary of Agriculture is otherwise authorized by law to acquire lands or interests therein that is designated as-

(i) wilderness under the Wilderness Act ( 16 U.S.C. 1131 et seq.);

(ii) a wilderness study area;

(iii) a component of the Wild and Scenic Rivers System under the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq.); or

(iv) a component of the National Trails System under the National Trails System Act ( 16 U.S.C. 1241 et seq.).

(3) Inaccessible lands that are open to public hunting, fishing, recreational shooting, or other recreational purposes

The term "inaccessible lands that are open to public hunting, fishing, recreational shooting, or other recreational purposes" means public lands in Alaska and the eleven contiguous Western States (as defined in section 1702 of this title) consisting of at least 640 contiguous acres on which the public is allowed under Federal or State law to hunt, fish, target shoot or use the land for other recreational purposes but-

(A) to which there is no public access or egress; or

(B) to which public access or egress to the land is significantly restricted, as determined by the Secretary.

(4) Inholding

The term "inholding" means any right, title, or interest, held by a non-Federal entity, in or to a tract of land that lies within the boundary of a federally designated area.

(5) Public land

The term "public land" means public lands (as defined in section 1702 of this title).

(6) Secretary

The term "Secretary" means the Secretary of the Interior.

43 U.S.C. § 2302

Pub. L. 106-248, title II, §203, July 25, 2000, 114 Stat. 614; Pub. L. 115-141, div. O, title III, §302(1)-(3), Mar. 23, 2018, 132 Stat. 1074, 1075.

EDITORIAL NOTES

REFERENCES IN TEXTThe Wilderness Act, referred to in par. (2)(E)(i), 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. The Wild and Scenic Rivers Act, referred to in par. (2)(E)(iii), is Pub. L. 90-542, Oct. 2, 1968, 82 Stat. 906, which is classified generally to chapter 28 (§1271 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1271 of Title 16 and Tables.The National Trails System Act, referred to in par. (2)(E)(iv), is Pub. L. 90-543, Oct. 2, 1968, 82 Stat. 919, which is classified generally to chapter 27 (§1241 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1241 of Title 16 and Tables.

AMENDMENTS2018-Par. (1). Pub. L. 115-141, §302(1), substituted "cultural, recreational access and use, or other" for "cultural, or".Par. (2). Pub. L. 115-141, §302(2)(A), substituted "is within" for "on July 25, 2000, was within" in introductory provisions.Par. (2)(A). Pub. L. 115-141, §302(2)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "a national monument, area of critical environmental concern, national conservation area, national riparian conservation area, national recreation area, national scenic area, research natural area, national outstanding natural area, or a national natural landmark managed by the Bureau of Land Management;".Par. (2)(D). Pub. L. 115-141, §302(2)(C), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: "an area of the National Forest System designated for special management by an Act of Congress; or".Pars. (3) to (6). Pub. L. 115-141, §302(3), added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively.