Boundary Waters Canoe Area Wilderness Act
Public Law 95-495
92 Stat. 1649
(Click here for the Wilderness Act of '64)
To designate the Boundary Waters Canoe Area Wilderness, to
establish the Boundary Waters Canoe Area Mining Protection Area, and for other
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. The Congress finds that it is necessary and
desirable to provide for the protection, enhancement, and preservation of the
natural values of the lakes, waterways, and associated forested areas known
(before the date of enactment of this Act) as the Boundary Waters Canoe Area,
and for the orderly management of public use and enjoyment of that area as
wilderness, and of certain continuous lands and waters, while at the same time
protecting the special qualities of the area as a natural forest-lakeland
wilderness ecosystem of major esthetic, cultural, scientific, recreational and
educational value to the Nation.
SEC. 2. It is the purpose of this Act to provide for such
measures respecting the areas designated by this Act as the Boundary Waters
Canoe Area Wilderness and Boundary Waters Canoe Area Mining Protection Area as
(1) provide for the protection and management of the fish
and wildlife of the wilderness so as to enhance public enjoyment and
appreciation of the unique biotic resources of the region,
(2) protect and enhance the natural values and environmental
quality of the lakes, streams, shorelines and associated forest areas of the
(3) maintain high water quality in such areas,
(4) minimize to the maximum extent possible, the
environmental impacts associated with mineral development affecting such
(5) prevent further road and commercial development and
restore natural conditions to existing temporary roads in the wilderness,
(6) provide for the orderly and equitable transition from
motorized recreational uses to nonmotorized recreational use on those lakes,
streams, and portages in the wilderness where such mechanized uses are to be
phased out under the provisions of this Act.
BOUNDARY WATERS CANOE AREA WILDERNESS DESIGNATION AND MAP
SEC. 3. The areas generally depicted as wilderness on the map
entitled "Boundary Waters Canoe Area Wilderness and Boundary Waters Canoe
Area Mining Protection Area" dated September 1978, comprising
approximately one million and seventy-five thousand five hundred acres, are
hereby designated as the Boundary Waters Canoe Area Wilderness (hereinafter
referred to as the "wilderness"). Such designation shall supersede
the designation of the Boundary Waters Canoe Area under section 3(a) of the
Wilderness Act (78 Stat. 890) and such map shall supersede the map on file
pursuant to such section. The map of the wilderness shall be on file and
available for public inspection in the offices of the Supervisor of the
Superior National Forest and of the Chief, United States Forest Service. The
Secretary of Agriculture, hereinafter referred to as "The
Secretary," shall, as soon as practicable but in no event later than one
year after the date of enactment of this Act, publish a detailed legal
description and map showing the boundaries of the wilderness in the Federal
Register. Such map and description shall be filed with the Committee on
Interior and Insular Affairs of the House of Representatives and the Committee
on Energy and Natural Resources of the United States Senate. Such map and
description shall have the same force and effect as if included in this Act.
Correction of clerical and typographical errors in such legal description and
map may be made.
SEC. 4 (a) The Secretary shall administer the wilderness under
the provision of this Act, the Act of January 3, 1975 (88 Stat. 2096; 16 U.S.C.
1132 note), the Wilderness Act of 1964 (78 Stat. 890, 16 U.S.C. 1131-1136),
and in accordance with other laws, rules and regulations generally applicable
to areas designated as wilderness.
(b) Paragraph (5) of section 4 (d) of the Wilderness Act of
1964 is hereby repealed and paragraphs (6), (7), and (8) of such section
4(d) are hereby redesignated as paragraphs (5), (6), and (7).
(c) Effective on January 1, 1979 the use of motorboats is
prohibited within the wilderness designated by this Act, and that portion
within the wilderness of all lakes which are partly within the wilderness,
except for the following:
(1) On the following lakes, motorboats with motors of no
greater than twenty-five horsepower shall be permitted: Fall, Lake County;
Newton, Lake County; Moose, Lake County; Newfound, Lake County; Sucker,
Lake County; Snowbank, Lake County; East Bearskin, Cook County; South
Farm, Lake County; Trout, Saint Louis County; Basswood, except that
portion generally north of the narrows at the north end of Jackfish Bay
and north of a point on the international boundary between Ottawa Island
and Washington Island; Saganaga, Cook County, except for that portion west
of American Point; Provided: That, on the following lakes, until January
1, 1984, the horsepower limitations described in this paragraph shall not
apply to towboats registered with the Secretary: Moose, Lake County;
Newfound, Lake County; Sucker, Lake County; Saganaga, Cook County, as
limited in this paragraph.
(2) On the following lakes and river, motorboats with
motors no greater than ten horsepower shall be permitted: Clearwater, Cook
County; North Fowl, Cook County; South Fowl, Cook County; Island River
east of Lake Isabella, Lake County; Sea Gull, that portion generally east
of Threemile Island, Cook County; Alder, Cook County; Canoe, Cook County.
(3) On the following lakes, or specified portions of
lakes, motorboats with motors of no greater than ten horsepower shall be
permitted until the dates specified: Basswood River to and including
Crooked Lake, Saint Louis and Lake Counties, until January 1, 1984; Carp
Lake, the Knife River and Knife Lake, Lake County, until January 1, 1984;
Sea Gull, Cook County, that portion generally west of Threemile Island,
until January 1, 1999; Brule, Cook County until January 1, 1994, or until
the termination of operation of any resort adjacent to Brule Lake in
operation as of 1977, whichever occurs first.
(4) On the following lakes, or specified portions of
lakes, motorboats with motors of no greater than twenty-five horsepower
shall be permitted until January 1, 1984: Birch, Lake County; Basswood,
Lake County, that portion generally north of the narrows at the north end
of Jackfish Bay and north of a point on the international boundary between
Ottawa Island and Washington Island.
(d) The detailed legal description and map to be published
pursuant to section 3 of this Act shall contain a description of the various
areas where the motorized uses permitted by this section are located. No
provision of this section shall be construed to limit mechanical portage or
the horsepower of motors used on motorboats in the following areas within
Little Vermilion Lake, Saint Louis County; Loon River,
Saint Louis County; Loon Lake, Saint Louis County; that portion of the Lac
La Croix, Saint Louis County, south of Snow Bay and east of Wilkins Bay.
(e) For the purposes of this Act, a snowmobile is defined as
any motorized vehicle which is designed to operate on snow or ice. The use
of snowmobiles in the wilderness designated by this Act is not permitted
except that the Secretary may permit snowmobiles, not exceeding forty inches
in width, on (1) the overland portages from Crane Lake to Little Vermilion
Lake in Canada, and from Sea Gull River along the eastern portion of
Saganaga Lake to Canada, and (2) on the following routes until January 1,
Vermilion Lake portage to and including Trout Lake; Moose
Lake to and including Saganaga Lake via Ensign, Vera and Knife Lakes, East
Bearskin Lake to and including Pine Lake via Alder Lake and Canoe Lake.
In addition to the routes listed above, the Secretary may
issue special use permits for the grooming by snowmobiles of specified
cross-country ski trails for day use near existing resorts.
(f) The Secretary is directed to develop and implement, as
soon as practical, entry point quotas for use of motorboats within the
wilderness portions of the lakes listed in subsection c, the quota levels to
be based on such criteria as the size and configuration of each lake, and
the amount of use on that lake: Provided, That the quota established for any
one year shall not exceed the average actual annual motorboat use of the
calendar years 1976, 1977, and 1978 for each lake, and shall take into
account the fluctuation in use during different times of the year: Provided
further, That on each lake homeowners and their guests and resort owners and
their guests on that particular lake shall have access to that particular
lake and their entry shall not be counted in determining such use.
(g) Nothing in this Act shall be deemed to require the
termination of the existing operation of motor vehicles to assist in the
transport of boats across the portages from Sucker Lake to Basswood Lake,
from Fall Lake to Basswood Lake, and from Lake Vermilion to Trout Lake,
during the period ending January 1, 1984. Following said date, unless the
Secretary determines that there is no feasible nonmotorized means of
transporting boats across the portages to reach the lakes previously served
by the portages listed above, he shall terminate all such motorized use of
each portage listed above.
(h) The motorized uses authorized by this section shall be
confined to those types of snowmobiles, motorboats and vehicles which have
been in regular use in the Boundary Waters Canoe Area prior to the date of
enactment of the Act. The Secretary may set forth additional standards and
criteria to further define the type of motorized craft which may be
(i) Except for motorboats, snowmobiles, and mechanized
portaging, as authorized and defined herein, no other motorized use of the
wilderness shall be permitted. Nothing in this Act shall prohibit the use of
aircraft, motorboats, snowmobiles, or other mechanized uses in emergencies,
or for the administration of the wilderness area by Federal, State, and
local governmental officials or their deputies, only where the Secretary
finds that such use is essential.
SEC. 5. (a) The owner of a resort in commercial operation
during 1975, 1976 or 1977 and located on land riparian to any of the lakes
listed below may require purchase of that resort, including land and buildings
appurtenant thereto, by written notice to the Secretary prior to September 30,
1985. The value of such resort for purposes of such sale shall be based upon
its fair market value as of July 1, 1978, or as of the date of said written
notice, whichever is greater, without regard to restrictions imposed by this
Fall, Lake County, Moose, Lake County, Snowbank, Lake
County, Lake One, Lake County, Sawbill, Cook County, Brule, Cook County,
East Bearskin, Cook County, Clearwater, Cook County, Saganaga, Cook
County, Sea Gull, Cook County, McFarland, Cook County, North Fowl, Cook
County, South Fowl, Cook County, Jasper Lake, Lake County, Ojibway, Lake
(b) An owner requiring purchase of a resort under this
provision may elect to retain one or more appropriate buildings and lands
not exceeding three acres, for personal use as a residence: Provided, That
the purchase price to the Government for a resort shall be reduced by the
fair market value of such buildings and lands, with the same valuation
procedures outlined above.
(c ) With respect to any privately owned lands and interests
in lands riparian to the lakes listed above, and if the Federal Government
has been required to purchase a resort on said lake, said lands shall not be
sold without first being offered for sale to the Secretary who shall be
given a period of one hundred days after the date of each such offer within
which to purchase such lands. No such lands shall be sold at a price below
the price at which they have been offered for sale to the Secretary, and if
such lands are reoffered for sale they shall first be reoffered to the
Secretary: Provided, That this right of first refusal shall not apply to a
change in ownership of a property within an immediate family.
(d) There are authorized to be appropriated such sums as may
be necessary for the acquisition of lands and interests therein as provided
by this section.
TIMBER SALE CONTRACTS
SEC. 6. (a) The Secretary is directed to terminate within a
period of one year after the date of passage of this Act, all timber sale
contracts in the Boundary Waters Canoe Area Wilderness. There shall be no
further logging of the virgin forest areas formerly enjoined from logging by
the United States District Court on said contract areas during the termination
The purpose of said termination period is only to permit
completion of the harvesting of timber within existing areas under contract
that are not within the areas described above and permit the taking of
ameliorative measures, including land and cover restoration that will, at
the earliest feasible date, make the imprint of man's work substantially
unnoticeable on the lands included as wilderness in this Act.
(b) (1) In the event that termination of timber sale
contracts in subsection (a) reduces the total national forest volume which a
purchaser has under contract on the Superior National Forest to less than
two years cut based on the average volume of Superior National Forest timber
harvested by the purchaser in the last three years, the Secretary may, with
the consent of the purchaser, substitute, to the extent practicable, timber
on other national forest lands approximately equal in species and volume to
the timber sale contract affected. In offering substitute timber, the
Secretary shall negotiate the substitution at a price that is mutually
equitable considering such factors as species, volume, logging
accessibility, and other terms of the agreement.
(2) The United States will pay just compensation for any
timber contracts terminated or modified by this Act, consistent with
amendment V to the Constitution of the United States. Losses due to costs
incurred in directly fulfilling the terms of such contracts shall be paid by
the United States. Any action for the recovery from the United States of
cost as provided above shall be brought in a court of competent
jurisdiction. Any such judgments shall be paid from the claims and judgments
fund (31 U.S.C. 724a).
(c ) Within the limits of applicable laws and prudent forest
(1) the Secretary shall, in furtherance of the purposes of
subsection (a) of this section and of section 4 of the National Forest
Management Act of 1976 (90 Stat. 2949), expedite the intensification of
resource management including emphasis on softwood timber production and
hardwood utilization on the national forest lands in Minnesota outside the
wilderness to offset, to the extent feasible, the reduction in the
programmed allowable timber harvest resulting from reclassification of the
Boundary Waters Area, and the Secretary shall make a review of progress to
date in 1983, and a forecast of planned achievements by 1985 and shall
submit, as part of the 1985 program under the schedule called for in the
Resources Planning Act of 1974, a Plan and recommendations for 1985-1990. In
administering the Superior National Forest, the Secretary is authorized and
directed to engage in artificial and natural regeneration, release, site
preparation, and other forms of timber production enhancement.
(2) The Secretary, in carrying out the requirements in
section (c ) (1), is authorized and directed to cooperate with the State of
Minnesota and its political subdivisions to develop and implement a system
of grants, for the development of renewable resources on State, County and
private lands. He may also seek the cooperation of other Federal departments
and agencies to assure a coordinated approach to renewable resources
(d) There is authorized to be appropriated, in addition to
such sums as may otherwise be appropriated for the Superior National Forest
from existing authorities established by law, the following additional sums
for the fiscal years 1980 through 1990 inclusive:
(1) to carry out the purposes of subsection 6 (c ) (1) an
additional $8,000,000 annually; and,
(2) to carry out the purposes of subsection 6 (c ) (2) an
additional $3,000,000 annually: Provided, however, That the Federal share
of any grant made pursuant to subsection 6 (c ) (2) shall not exceed 80
percent of the total cost of said grant.
(e) Funds appropriated pursuant to this section shall remain
available until expended. Authorizations in excess of funds appropriated in
a given fiscal year shall remain available for appropriation in subsequent
(f) In addition to those personnel who would otherwise be
available, the Secretary is authorized to appoint and fix the compensation
(not to exceed that of grade 15 on the General Schedule for Federal
employees) of additional full-time personnel for the Superior National
Forest to carry out the purposes of this Act.
LAWS APPLICABLE TO CERTAIN LANDS AND WATERS IN THE SUPERIOR
SEC. 7. (a) The provisions of the Acts listed in paragraph (b)
of this section shall continue to apply to lands and waters specified in such
Acts notwithstanding the inclusion of any such lands and waters in the
wilderness or mining protection area designated under this Act. For lands and
waters to which such Acts listed in paragraph (b) apply which are also within
the wilderness or mining protection area designated under this Act, any
withdrawal, prohibition, or restriction contained in such Acts listed in
paragraph (b) shall be in addition to any withdrawal, prohibition, or
restriction otherwise applicable to such wilderness or mining protection area
under any other law.
(b) The Acts referred to in paragraph (a) are as follows:
(1) The Act of July 10, 1930 (46 Stat. 1020; 16 U.S.C.
577a, 577b), herein referred to as the "Shipstead-Nolan Act".
(2) The Act of June 22, 1948 (62 Stat. 568, as amended, 16
U.S.C. 577c- 577b), herein referred to as the "Thye-Blatnik
(c ) The provision of the Shipstead-Nolan Act are hereby
extended and made applicable to all lands and waters not otherwise subject
to such Act which are within the wilderness designated under this Act.
(d) (1) The authorities contained in the Thye-Blatnik Act
are hereby extended and made applicable to all lands and waters not
otherwise subject to such Act which are within the wilderness designated
under this Act.
(2) In applying the second proviso of section 5 of such
Thye-Blatnik Act to the areas to which such Act is extended and made
applicable under this subsection, the phrase "fiscal year 1980"
shall be substituted for the phrase "the first full fiscal year after
the approval of this Act" in such proviso.
(3) There are authorized to be appropriated such sums as
may be necessary to carry out the provisions of the Thye-Blatnik Act with
respect to the lands and waters within the wilderness designated under
this Act. Such sums may be used for the payment of court judgments and
condemnation actions brought under the terms of the Thye-Blatnik Act
without regard to the date such condemnation actions were initially
instituted. Funds appropriated from the Land and Water Conservation Fund
may be used for the acquisition of any lands and waters, or interests
therein within such wilderness.
EXISTING AIRSPACE RESERVATION
SEC. 8. The provisions of Executive Order 10092 as made
applicable to the Boundary Waters Canoe Area established by the Wilderness Act
of 1964 shall be deemed incorporated into this Act.
MINING PROTECTION AREA ESTABLISHMENT
SEC. 9. In order to protect existing natural values and high
standards of environmental quality from the adverse impacts associated with
mineral development, there is hereby established the Boundary Waters Canoe
Area Mining Protection Area (hereinafter in this Act referred to as the
"mining protection area"), comprising approximately two hundred and
twenty-two thousand acres.
MAP AND BOUNDARIES
SEC. 10. The mining protection area shall comprise the area
generally depicted as a mining protection area on the map entitled
"Boundary Waters Canoe Area Wilderness and Boundary Waters Canoe Area
Mining Protection Area" dated September 1978, which shall be on file and
available for public inspection in the offices of the Supervisor of the
Superior National Forest and of the Chief, United States Forest Service. As
soon as practicable after this Act takes effect, the Secretary shall file a
map and a legal description of the mining protection area with the Committee
on Interior and Insular Affairs of the House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate. Such
map and description shall have the same force and effect as if included in
this Act. Correction of clerical and typographical errors in such description
may be made.
MINING AND MINERAL LEASING IN THE WILDERNESS AND MINING
SEC. 11. (a) In addition to any other applicable prohibition
or withdrawal from entry or appropriation under any provision of the
Wilderness Act or under any other provision of law, no permit, lease, or other
authorization may be issued by any agency or authority of the United States
(1) exploration for, or mining of, minerals owned by the
United States within the Boundary Waters Canoe Area Wilderness and the
Boundary Waters Canoe Area Mining Protection Area; or
(2) exploration for, or mining of minerals within such
areas if such activities may affect navigable waters; or
(3) the use of property owned by the United States in
relation to any mining of or exploration for minerals in such areas which
may materially impair the wilderness qualities of the wilderness area or
which may materially impair the natural values and environmental quality
of the mining protection area.
The prohibitions contained in this subsection and any
withdrawal from entry or appropriation for mining of or exploration for
minerals applicable to the Boundary Waters Canoe Area Wilderness and Boundary
Waters Canoe Area Mining Protection Area shall not apply to the extent
specifically provided in legislation enacted by the United States after the
date of enactment of this Act pursuant in a national emergency declared by the
(b) (1) Consistent with the prohibitions and other
requirements in subsection (a) of this section, no permit, lease, or other
authorization shall be issued unless and until --
(A) the Secretary shall have approved a plan that
details how mining will be conducted consistent with this Act and with
other Federal, State, and local requirements, and that details how the
area will be restored to its original condition or to a substantially
equivalent condition, including the estimated cost thereof;
(B) the applicant has posted a bond for performance
payable to the United States in an amount determined by the Secretary to
be sufficient to assure completion of the reclamation plan if the work
had to by performed by the United States;
(C) the applicant shall have obtained all permits,
licenses, certifications, and approvals required by Federal, State, or
local law; and (iv) the Secretary has determined that no permanent
facility will be constructed nor alteration will occur that could render
the area incapable of reverting to its original condition or to a
substantially equivalent condition.
(2) The provisions of paragraphs (2) and (3) of section 4
(d) of the Wilderness Act (78 Stat. 890; 16 U.S.C. 1133(d) (2) and 16
U.S.C. 1133 (d) (3) ) shall not apply to the area designated herein as the
Boundary Waters Canoe Area Wilderness.
(c ) The Secretary is authorized to acquire any minerals or
mineral rights within the wilderness and mining protection area alleged to
be owned by persons other than the Federal or State governments in the
(1) The Secretary first may seek to acquire these minerals
or mineral rights by donation. In seeking a donation, the Secretary shall
inform the person alleging the ownership interest of the procedures and
limitations to be followed in acquisition by purchase as set forth in
paragraph (2) below.
(2) If the person alleging the ownership interest does not
donate his minerals or mineral rights to either the Federal or State
governments, the Secretary is authorized to acquire the rights by
purchase, within the limits of funds appropriated for property acquisition
in the Superior National Forest, and in an amount appropriately discounted
for the following factors if existent in relation to particular mineral
(A) The original patenting from the Federal public
domain was fraudulent. The patenting of lands in the Boundary Waters
Canoe Area Wilderness and Boundary Waters Canoe Area Mining Protection
Area is prima facie fraudulent if (1) the Act under which the patent was
issued was one of the Acts intended to puts settlers on the land, such
as, but without limitation, the Cash Purchase Act of 1820 (chapter LI,
Act of April 24, 1820, 3 U.S. Stat. 566, 567, as amended); the
Preemption Act of 1830 (chapter CCVIII, Act of May 29, 1830, 4 U.S.
Stat. 420, 421, as amended); the Homestead Act of 1862 (chapter LXXXV,
Act of May 20, 1862, 12 U.S. Stat. 392-394, as amended); and the Timber
and Stone Act (chapter 150, Act of June 3, 1878, 20 U.S. Stat. 88, 89,
as amended, particularly by chapter 375, Act of August 4, 1892, 27 U.S.
Stat. 348); and (2) the land was patented after 1875 and before the
establishment of the Superior National Forest by proclamation on
February 13, 1909. The Secretary also shall consider any other evidence
of fraud when determining the value of the minerals such as (1) the
transfer by the entryman or patentee of whole or partial interests in
the property during the patenting process or soon thereafter, (2) the
appearance in the chain of title of the persons known to have
participated in land speculation as land brokers, entrymen, or in other
(B) The date of separation of the mineral or mineral
rights from the surface interest, if the separation occurred after 1927,
the year when the courts have determined that the roadless policy was
established by the Secretary for the area.
(C ) Any other factor, such as restrictions on mining
within the area imposed by State or local government, or by operation of
(D) In the event any legal action or proceeding is
instituted by or against he United States in relation to minerals or
mineral rights where the patenting is prima facie fraudulent as
described in subsection (c ) of this section, the Attorney General of
the United States shall assert the public's equitable right to
constructive or public trusts, or to recover or offset damages including
but not limited to those based on the value of land fraudulently
acquired plus interest at 6 per centum per annum.
(E) Not withstanding any requirement of this section,
the Secretary shall have authority to acquire within the wilderness or
mining protection area designated by this Act, existing mineral
interests by donation, purchase, exchange, or through the exercise of
the power of eminent domain.
(F) There is authorized to be appropriated to the
Secretary such sums as may be required to carry out the purposes of this
section, to be available until expended.
SEC. 12. If any provision of this Act is declared to be
invalid, such declaration shall not affect the validity of any other provision
SEC. 13. Nothing in this Act of the Wilderness Act shall be
construed to prohibit the maintenance of the Prairie Portage Dam (on the
international boundary chain between Birch and Basswood Lakes), and the
Secretary is authorized to perform such maintenance work as may be required to
keep that dam functional at its present height and width. The Secretary is
authorized to maintain other existing water control structures only when such
structures are necessary to protect wilderness values or public safety.
JURISDICTION OVER FISH AND WILDLIFE
SEC. 14. Nothing in this Act shall be construed as affecting
the jurisdiction or responsibilities of the State with respect to fish and
wildlife in the wilderness and the mining protection area.
JURISDICTION OVER WATERS
SEC. 15. The Secretary is authorized to promulgate and enforce
regulations that limit or prohibit the use of motorized equipment on or
relating to waters located within the wilderness in accordance with the
provisions of this Act: Provided, That nothing in this Act shall be construed
as affecting the jurisdiction or responsibilities of the State with respect to
such waters except to the extent that the exercise of such jurisdiction is
less stringent that the Secretary's regulations promulgated pursuant to this
section: Provided further, That any regulations adopted pursuant to this Act
shall be complementary to, and not in derogation of regulations issued by the
United States Coast Guard.
The Secretary is authorized to enter into cooperative
agreements with the State of Minnesota with respect to enforcement of Federal
and State regulations affecting the wilderness and the mining protection area.
COOPERATION WITH STATE
SEC. 16. (a) The Secretary shall cooperate with the State of
Minnesota and any political subdivision thereof in the administration of the
mining protection area and in the administration and protection of lands
within or adjacent to the mining protection area owned or controlled by the
State or any political subdivision thereof. Nothing in this title shall
deprive the State of Minnesota or any political subdivision thereof of its
right to exercise civil and criminal jurisdiction within the wilderness and
the mining protection area and impose land use controls and environmental
health standards on non-Federal areas within the wilderness and the mining
protection area, or of its property, including mineral or other interests, in
or on lands or waters within the wilderness and the mining protection area.
(b) The Secretary is authorized to enter into cooperative
agreements with the State of Minnesota with respect to enforcement of Federal
and State regulations affecting the wilderness and the mining protection area
and shall consult with the State of Minnesota in an effort to enhance the
multiple-use benefits to be derived from both State and national forest lands.
SEC. 17. Nothing in this Act shall affect the provisions of
any treaty now applicable to lands and waters which are included in the mining
protection area and the wilderness.
EXPANSION OF RECREATION PROGRAMS
SEC. 18. (a) The Secretary is authorized and directed to
expedite and intensify the program of dispersed outdoor recreation
development on the Superior National Forest outside the Boundary Waters
Canoe Area Wilderness, as designated by this Act. The Secretary shall
consider in such new program development the need for the following:
additional snowmobile trails, particularly those now planned or under
construction; remote campsites on lightly developed lakes; and lake access
sites and parking facilities to provide motorized recreation experiences
similar to those previously available in the Boundary Waters Canoe Area.
(b) The Secretary, consistent with the Wilderness Act of
1964 and with this Act, is authorized to construct a system of new hiking,
backpacking and cross-country ski trails within the Boundary Waters Canoe
Area Wilderness as designated by this Act, and on appropriate adjacent
Federal lands outside the wilderness. In constructing such a trail system,
consideration should be given to locating portions of the system near
existing resorts on the perimeter of the wilderness to provide additional
outdoor recreation opportunities for resort guests.
(c ) The Secretary is authorized and directed to develop an
educational program for the recreational users of the wilderness which will
assist them to understand the purpose, value, and appropriate use of
wilderness lands and the functioning of natural ecosystems in wilderness.
(d) The Secretary in cooperation with the State of Minnesota
and other appropriate groups, consistent with the purposes of this Act, is
authorized and directed to develop a program providing opportunities for a
wide range of outdoor experiences for disabled persons.
(e) There are authorized to be appropriated such sums as may
be necessary for the Secretary to carry out the purposes of this section.
SEC. 19. (a) The Secretary, in cooperation with other
appropriate executive agencies, is authorized and directed to develop a
cooperative program of technical and financial assistance to resorts in
commercial operation in 1975, 1976, and 1977, and outfitters in commercial
operation in 1977 which are located within the mining protection area or which
are located on land adjacent to any of the lakes listed in section 5 of this
Act. There are authorized to be appropriated such sums as may be necessary for
the purposes of this subsection.
(b) There are authorized to be appropriated to the Secretary
funds to be made available as grants to the Agricultural Extension service,
University of Minnesota, to provide over a three-year period educational and
technical assistance to businesses and communities adjacent to the Boundary
Waters Canoe Area Wilderness in order to improve economic opportunities for
tourism and recreation-related businesses in a manner which is complementary
to the management of the wilderness.
SEC. 20. The Secretary, acting through the Chief, United
States Forest Service, shall, not later than October 1, 1981, submit to the
Committee on Interior and Insular Affairs of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate, a comprehensive
management plan setting forth the specific management procedures to implement
the objectives of this Act. An interim report setting forth public involvement
procedures, management alternatives, and a timetable for the remaining study
actions, shall be submitted within one year from the date of enactment of this
LIMITATIONS OF AUTHORIZATIONS
SEC. 21. All authorizations for any funds to be appropriated
under the terms of this Act shall not be effective until October 1, 1979.
Notwithstanding any other provision of this Act, authority to enter into
agreements or to make payments under this Act shall be effective only to the
extent or in such amounts as are provided in advance in appropriation Acts.
Approved October 21, 1978