Collapse to view only § 90e. Pasayten Wilderness, Okanogan and Mount Baker National Forests; designation; abolition of North Cascades Primitive Area classification

§ 90. Establishment; statement of purposes; description of area

(Pub. L. 90–544, title I, § 101, Oct. 2, 1968, 82 Stat. 926.)
§ 90a. Ross Lake National Recreation Area; establishment; statement of purposes; description of area

In order to provide for the public outdoor recreation use and enjoyment of portions of the Skagit River and Ross, Diablo, and Gorge Lakes, together with the surrounding lands, and for the conservation of the scenic, scientific, historic, and other values contributing to public enjoyment of such lands and waters, there is hereby established, subject to valid existing rights, the Ross Lake National Recreation Area (hereinafter referred to in this subchapter as the “recreation area”). The recreation area shall consist of the lands and waters within the area designated “Ross Lake National Recreation Area” on the map referred to in section 90 of this title.

(Pub. L. 90–544, title II, § 201, Oct. 2, 1968, 82 Stat. 927.)
§ 90a–1. Lake Chelan National Recreation Area; establishment; statement of purposes; description of area

In order to provide for the public outdoor recreation use and enjoyment of portions of the Stehekin River and Lake Chelan, together with the surrounding lands, and for the conservation of the scenic, scientific, historic, and other values contributing to public enjoyment of such lands and waters, there is hereby established, subject to valid existing rights, the Lake Chelan National Recreation Area (hereinafter referred to in this subchapter as the “recreation area”). The recreation area shall consist of the lands and waters within the area designated “Lake Chelan National Recreation Area” on the map referred to in section 90 of this title.

(Pub. L. 90–544, title II, § 202, Oct. 2, 1968, 82 Stat. 927.)
§ 90b. Land acquisition; authority of Secretary; manner and place; donation of State lands; transfer to administrative jurisdiction of Secretary; elimination of lands from national forests
(a)1
1 Subsec. (a) designation editorially supplied.
Within the boundaries of the park and recreation areas, the Secretary of the Interior (hereinafter referred to in this subchapter as the “Secretary”) may acquire lands, waters, and interests therein by donation, purchase with donated or appropriated funds, or exchange, except that he may not acquire any such interests within the recreation areas without the consent of the owner, so long as the lands are devoted to uses compatible with the purposes of this subchapter. Lands owned by the State of Washington or any political subdivision thereof may be acquired only by donation. Federal property within the boundaries of the park and recreation areas is hereby transferred to the administrative jurisdiction of the Secretary for administration by him as part of the park and recreation areas. The national forest land within such boundaries is hereby eliminated from the national forests within which it was heretofore located.
(b) The Secretary is hereby authorized to acquire, with the consent of the owner, lands outside of the authorized boundaries of North Cascades National Park Service Complex for the purpose of construction and operation of a backcountry information center not to exceed five acres. The Secretary of the Interior is further authorized to acquire with the consent of the owner, lands for the construction of a headquarters and administrative site or sites, for the North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area not to exceed ten acres. The lands so acquired shall be managed as part of the park.
(Pub. L. 90–544, title III, § 301, Oct. 2, 1968, 82 Stat. 927; Pub. L. 100–668, title II, § 203, Nov. 16, 1988, 102 Stat. 3963.)
§ 90b–1. Exchange of property; cash equalization payments

In exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property within the boundaries of the park and recreation areas and in exchange therefor he may convey to the grantor of such property any federally owned property under his jurisdiction in the State of Washington which he classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require.

(Pub. L. 90–544, title III, § 302, Oct. 2, 1968, 82 Stat. 927.)
§ 90b–2. Owner’s retention of right of use and occupancy for agricultural, residential, or commercial purposes for life or term of years; transfer or assignment of right; termination of use and occupancy for a contrary use and upon payment of sum for unexpired right

Any owner of property acquired by the Secretary which on the date of acquisition is used for agricultural or single-family residential purposes, or for commercial purposes which he finds are compatible with the use and development of the park or the recreation areas, may, as a condition of such acquisition, retain the right of use and occupancy of the property for the same purposes for which it was used on such date, for a period ending at the death of the owner or the death of his spouse, whichever occurs later, or for a fixed term of not to exceed twenty-five years, whichever the owner may elect. Any right so retained may during its existence be transferred or assigned. Any right so retained may be terminated by the Secretary at any time after the date upon which any use of the property occurs which he finds is a use other than one which existed on the date of acquisition. In the event the Secretary terminates a right of use and occupancy under this section, he shall pay to the owner of the right the fair market value of the portion of said right which remains unexpired on the date of termination.

(Pub. L. 90–544, title III, § 303, Oct. 2, 1968, 82 Stat. 928.)
§ 90c. Administration

The Secretary shall administer the park in accordance with the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4),1

1 See References in Text note below.
as amended and supplemented.

(Pub. L. 90–544, title IV, § 401, Oct. 2, 1968, 82 Stat. 928.)
§ 90c–1. Administration of recreation areas
(a) Statement of purposes; utilization of authorities for administration of national park system and for conservation and management of natural resources
(b) Lands withdrawn from location, entry, and patent under mining laws; removal of minerals
(c) Receipts, disposition
(d) Hunting and fishing
(e) Road construction or use restrictions
(Pub. L. 90–544, title IV, § 402, Oct. 2, 1968, 82 Stat. 928; Pub. L. 100–668, title II, §§ 205, 206, Nov. 16, 1988, 102 Stat. 3964.)
§ 90d. Distributive share of counties of receipts for schools and roads unaffected

The distributive shares of the respective counties of receipts from the national forests from which the national park and recreation areas are created, as paid under the provisions of section 500 of this title, shall not be affected by the elimination of lands from such national forests by the enactment of this subchapter.

(Pub. L. 90–544, title V, § 501, Oct. 2, 1968, 82 Stat. 929.)
§ 90d–1. Contracts, leases, permits, or licenses for occupation or use of Federal lands in the park or recreation areas; continuation of privileges for original or extended term

Where any Federal lands included in the park or recreation areas are legally occupied or utilized on October 2, 1968, for any purpose, pursuant to a contract, lease, permit, or license issued or authorized by any department, establishment, or agency of the United States, the Secretary shall permit the persons holding such privileges to continue in the exercise thereof, subject to the terms and conditions thereof, for the remainder of the term of the contract, lease, permit, or license or for such longer period of time as the Secretary deems appropriate.

(Pub. L. 90–544, title V, § 502, Oct. 2, 1968, 82 Stat. 929.)
§ 90d–2. State rights or privileges in property within recreation area used for certain highway unaffected

Nothing in this subchapter shall be construed to affect adversely or to authorize any Federal agency to take any action that would affect adversely any rights or privileges of the State of Washington in property within the Ross Lake National Recreation Area which is being utilized for the North Cross State Highway.

(Pub. L. 90–544, title V, § 503, Oct. 2, 1968, 82 Stat. 929.)
§ 90d–3. Administration of areas designated for public use facilities or for administrative purposes by Secretaries of the Interior and Agriculture; plan for construction of such facilities

Within two years from October 2, 1968, the Secretary of the Interior and the Secretary of Agriculture shall agree on the designation of areas within the park or recreation areas or within national forests adjacent to the park and recreation areas needed for public use facilities and for administrative purposes by the Secretary of Agriculture or the Secretary of the Interior, respectively. The areas so designated shall be administered in a manner that is mutually agreeable to the two Secretaries, and such public use facilities, including interpretive centers, visitor contact stations, lodges, campsites, and ski lifts, shall be constructed according to a plan agreed upon by the two Secretaries.

(Pub. L. 90–544, title V, § 504, Oct. 2, 1968, 82 Stat. 930.)
§ 90d–4. Federal Power Act administrative jurisdiction unaffected

Nothing in this subchapter shall be construed to supersede, repeal, modify, or impair the jurisdiction of the Federal Power Commission under the Federal Power Act (41 Stat. 1063), as amended [16 U.S.C. 791a et seq.], in the lands and waters within the Skagit River Hydroelectric Project, Federal Energy and Regulatory Commission Project 553, including the proposed Copper Creek, High Ross, and Thunder Creek elements of the Project; and the Newhalem Project, Federal Energy and Regulatory Commission Project 2705, within the Ross Lake National Recreation Area; the lands and waters within the Lake Chelan Project, Federal Energy and Regulatory Commission Project 637; the Company Creek small hydroelectric project at Stehekin within the Lake Chelan National Recreation Area; and existing hydrologic monitoring stations necessary for the proper operation of the hydroelectric projects listed herein.

(Pub. L. 90–544, title V, § 505, Oct. 2, 1968, 82 Stat. 930; Pub. L. 100–668, title II, § 202, Nov. 16, 1988, 102 Stat. 3963.)
§ 90d–5. Authorization of appropriations

There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter, but not more than $4,500,000 shall be appropriated for the acquisition of lands or interest in lands.

(Pub. L. 90–544, title V, § 506, Oct. 2, 1968, 82 Stat. 930; Pub. L. 94–578, title I, § 101(9), Oct. 21, 1976, 90 Stat. 2732.)
§ 90e. Pasayten Wilderness, Okanogan and Mount Baker National Forests; designation; abolition of North Cascades Primitive Area classification
(a) In order to further the purposes of the Wilderness Act [16 U.S.C. 1131 et seq.], there is hereby designated, subject to valid existing rights, the Pasayten Wilderness within and as a part of the Okanogan National Forest and the Mount Baker National Forest, comprising an area of about five hundred thousand acres lying east of Ross Lake, as generally depicted in the area designated as “Pasayten Wilderness” on the map referred to in section 90 of this title.
(b) The previous classification of the North Cascades Primitive Area is hereby abolished.
(Pub. L. 90–544, title VI, § 601, Oct. 2, 1968, 82 Stat. 930.)
§ 90e–1. Glacier Peak Wilderness, Wenatchee and Mount Baker National Forests; extension of boundaries

The boundaries of the Glacier Peak Wilderness, an area classified as such more than thirty days before the effective date of the Wilderness Act [16 U.S.C. 1131 et seq.] and being within and a part of the Wenatchee National Forest and the Mount Baker National Forest, subject to valid existing rights, are hereby extended to include portions of the Suiattle River corridor and the White Chuck River corridor on the western side thereof, comprising areas totaling about ten thousand acres, as depicted in the area designated as “Additions to Glacier Peak Wilderness” on the map referred to in section 90 of this title.

(Pub. L. 90–544, title VI, § 602, Oct. 2, 1968, 82 Stat. 930.)
§ 90e–2. Map and legal description, filing with Congressional committees; correction of errors; applicability of Wilderness Act
(a) As soon as practicable after October 2, 1968, the Secretary of Agriculture shall file a map and legal description of the Pasayten Wilderness and of the Glacier Peak Wilderness, as hereby modified, with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives, and such descriptions shall have the same force and effect as if included in this subchapter: Provided, however, That correction of clerical or typographical errors in such legal descriptions and maps may be made.
(b) Upon the filing of the legal descriptions and maps as provided for in subsection (a) of this section the Pasayten Wilderness and the additions to the Glacier Peak Wilderness shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act [16 U.S.C. 1131 et seq.] and thereafter shall be subject to the provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this subchapter.
(Pub. L. 90–544, title VI, § 603, Oct. 2, 1968, 82 Stat. 930; Pub. L. 103–437, § 6(e), Nov. 2, 1994, 108 Stat. 4585.)
§ 90e–3. Area review; report to the President

Within two years from October 2, 1968, the Secretary of the Interior shall review the area within the North Cascades National Park, including the Picket Range area and the Eldorado Peaks area, and shall report to the President, in accordance with section 1132(c) and (d) of this title, his recommendation as to the suitability or nonsuitability of any area within the park for preservation as wilderness, and any designation of any such area as a wilderness area shall be accomplished in accordance with said section 1132(c) and (d).

(Pub. L. 90–544, title VI, § 604, Oct. 2, 1968, 82 Stat. 931.)