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Wilderness Special Provisions Search Results

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Law Title Citation Agency State Category
95-495 Boundary Waters Canoe Area Wilderness Act Sec. 4. ADMINISTRATION, (c-d) Forest Service Minnesota
  • Motorized/Mechanized Use
  • Mechanized Equipment
  • Motorboats
  • Access
  • Mechanized Access
Wilderness(es): Boundary Waters Canoe Area Wilderness
Text: 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, Lake County, 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 portages or the horsepower of motors used on motorboats in the following areas within the wilderness: 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.
95-495 Boundary Waters Canoe Area Wilderness Act Sec. 4(e) Forest Service Minnesota
  • Motorized/Mechanized Use
  • Motorized Vehicles
  • Commercial Use
  • Permits/Licenses/Leases
Wilderness(es): Boundary Waters Canoe Area Wilderness
Text: (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, 1984: 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.
95-495 Boundary Waters Canoe Area Wilderness Act Sec. 4(f) Forest Service Minnesota
  • General Admininstration
  • Inholdings
  • Motorized/Mechanized Use
  • Motorboats
  • Commercial Use
  • Recreation Services
  • Access
  • General Access
  • Motorized Access
Wilderness(es): Boundary Waters Canoe Area Wilderness
Text: (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.
95-495 Boundary Waters Canoe Area Wilderness Act Sec. 4(g-h) Forest Service Minnesota
  • Motorized/Mechanized Use
  • Motorboats
  • Motorized Vehicles
Wilderness(es): Boundary Waters Canoe Area Wilderness
Text: (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 this Act. The Secretary may set forth additional standards and criteria to further define the type of motorized craft which may be permitted.
95-495 Boundary Waters Canoe Area Wilderness Act Sec. 4(i) Forest Service Minnesota
  • Motorized/Mechanized Use
  • Aircraft/Helicopters
  • Mechanized Equipment
  • Motorboats
  • Motorized Vehicles
  • Access
  • Mechanized Access
Wilderness(es): Boundary Waters Canoe Area Wilderness
Text: (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.
95-495 Boundary Waters Canoe Area Wilderness Act Sec. 5. RESORTS, (a) Forest Service Minnesota
  • General Admininstration
  • Acquisition/Exchange
  • Commercial Use
  • Recreation Services
Wilderness(es): Boundary Waters Canoe Area Wilderness
Text: (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 Act: 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 County.
95-495 Boundary Waters Canoe Area Wilderness Act Sec. 5(b) Forest Service Minnesota
  • General Admininstration
  • Acquisition/Exchange
  • Inholdings
  • Commercial Use
  • Recreation Services
Wilderness(es): Boundary Waters Canoe Area Wilderness
Text: (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.
95-495 Boundary Waters Canoe Area Wilderness Act Sec. 5(c-d) Forest Service Minnesota
  • General Admininstration
  • Acquisition/Exchange
  • Appropriations
  • Inholdings
Wilderness(es): Boundary Waters Canoe Area Wilderness
Text: (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.
95-495 Boundary Waters Canoe Area Wilderness Act Sec. 6. TIMBER SALE CONTRACTS, (a) Forest Service Minnesota
  • Commercial Use
  • Permits/Licenses/Leases
  • Timber
Wilderness(es): Boundary Waters Canoe Area Wilderness
Text: (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 period. 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.
95-495 Boundary Waters Canoe Area Wilderness Act Sec. 6(b)(1-2) Forest Service Minnesota
  • General Admininstration
  • Acquisition/Exchange
  • Commercial Use
  • Permits/Licenses/Leases
  • Timber
Wilderness(es): Boundary Waters Canoe Area Wilderness
Text: (b)(1) In the event that termination of timber sale contract 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).
 



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