An act to designate the Mount St. Helens National Volcanic Monument in the State of Washington, and for other purposes.
PL 97-243 (H.R.6530), enacted 08/26/1982

PUBLIC LAW 97-243—AUG. 26, 1982 
96 STAT. 301 
Public Law 97-243 
97th Congress 
An Act 
To designate the Mount St. Helens National Volcanic Monument in the State of 
Washington, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
ESTABLISHMENT OP NATIONAL VOLCANIC MONUMENT 
SECTION 1. (a) In furtherance of the purposes of this Act, certain 
lands within and adjacent to the Gifford Pinchot National Forest in 
the State of Weishington, which comprise approximately one hun-
dred and ten thousand acres, as generally depicted on a map enti-
tled "Mount St. Helens National Volcanic Monument, August 
1982", are hereby designated as the Mount St. Helens National 
Volcanic Monument (hereafter in this Act referred to as the 
"Monument"). 
(b)(1) Not later than six months after the date of enactment of this 
Act, the Secretary of Agriculture (hereafter in this Act referred to 
£is the "Secretary") shall file a map and a legal description of the 
Monument established under subsection (a) with the Committee on 
Energy and Natural Resources of the United States Senate and the 
Committees on Agriculture and on Interior and Insular Affairs of 
the United States House of Representatives. Such map and descrip-
tion shall have the same force and effect as if included in this Act. 
Such map and description shall be on file and available for public 
inspection in the office of the Forest Supervisor, Gifford Pinchot 
National Forest and in the office of the Chief of the Forest Service, 
Department of Agriculture. 
(2) The Secretary may correct clerical and typographical errors in 
the legal description referred to in paragraph (1), and the Secretary 
may, from tune to time, make minor revisions of the boundary of the 
Monument. Such minor boundary revisions may be made by the 
Secretary only after publication of notice of the proposed revision in 
the Federal Register and after submission of notice thereof to the 
committees referred to in paragraph (1). Such notice shall be pub-
lished and submitted at least 60 days before the revision is made. 
Notice of final action regarding such revision shall also be published 
in the Federal Register. 
Aug. 26, 1982 
[H.R. 6530] 
Mount St. 
Helens National 
Volcanic 
Monument, 
Wash. 
Designation. 
16 u s e 431 note. 
Map and 
description; 
filing with 
congressional 
committees. 
Minor boundary 
revisions. 
Notice; 
publication 
in Federal 
Register. 
EXTENSION OF NATIONAL FOREST BOUNDARY 
SEC. 2. (a) The exterior boundary of the Gifford Pinchot National 
Forest is hereby extended to include all lands and waters within the 
boundaries of the Monument. Lands and interests therein acquired 
pursuant to section 3 shall become national forest system lands. 
(b) For the purposes of section 7(aXl) of the Land and Water 
Conservation Fund Act of 1965 (78 Stat. 897; 16 U.S.C. 4601-4 
through 4601-11), the boundary of the Gifford Pinchot National 
16 u s e 460/-9. 
96 STAT. 302 
PUBLIC LAW 97-243—AUG. 26, 1982 
Forest, as modified by this section, shall be treated as if it were the 
boundary of that forest on January 1,1965. 
Mineral and 
geothermal 
interests, 
completion 
date. 
Timber, 
ev£duation. 
Burlington 
Northern 
Incorporated. 
ACQUISITION 
SEC. 3. (a) The Secretary shall acquire all lands and interests in 
lands within the boundaries of the Monument by donation, 
exchange in accordance with this Act or other provisions of law, or 
purchase with donated or appropriated funds, except as provided in 
subsection (c) and except that the Secretary may acquire mineral 
and geothermal interests only by exchange. It is the sense of the 
Congress that in the case of mineral and geothermal interests such 
exchanges should be completed within one year after the date of 
enactment of this Act. Any lands owned by the State of Washington 
or any political subdivision thereof may be acquired only by 
exchange. Those mining claims in the Green River-Polar Star area 
shall not be acquired without the consent of the owner. 
(b) In recognition of the rapidly deteriorating nature of much of 
the timber in the Monument, any timber acquired pursuant to this 
section shall be valued for purposes of any acquistion under subsec-
tion (a) at an amount not less than the fair market value of such 
timber on July 1,1982. 
(cXD Notwithstanding any other provision of law, the Secretary 
shall exchange lands and interests in lands referred to in para-
graphs (2) and (3) in accordance with the provisions of this subsec-
tion. With respect to the lands and interests in lands referred to in 
paragraphs (2) and (3), the Secretary may exercise the authorities of 
subsection (a) only to the extent necessary to acquire any lands or 
interests in lands which are not acquired pursuant to the provisions 
of this subsection. 
(2)(A) If Burlington Northern Incorporated offers to the United 
States the following described lands and interests therein, except 
mineral and geothermal interests, the Secretary shall accept such 
lands and interests therein (for the purposes of this Act, the term 
"Burlington Northern Incorporated" shall include any subsidiary of 
that corporation): 
Township 7 North, Range 6 East: 
Section 1: Lots 1, 2, and 3, south half northeast quarter, and north 
Acres 
half southeast quarter 
310.11 
Township 8 North, Range 5 East: 
Section 21: All 
640.00 
Section 23: All 
640.00 
Section 25: All 
640.00 
Section 27: All 
640.00 
Section 29: All 
640.00 
Section 31: All fractional 
623.52 
Section 33: All 
640.00 
Section 35: All 
640.00 
Township 8 North, Range 6 East: 
Section 5: All fractional 
480.44 
Section 7: All fractional 
637.58 
Section 9: All 
640.00 
Section 15: West half. 
320.00 
Section 17: All 
640.00 
Section 19: All fractional 
631.76 
Section 21: All 
640.00 
Section 27: West half 
320.00 
Section 29: All 
640.00 
Section 31: All fractional 
630.44 
Section 33: All 
640.00 
PUBLIC LAW 97-243—AUG. 26, 1982 
96 STAT. 303 
township 9 North, Range 5 East: 
Acres 
Section 25: All 
640.00 
Township 9 North, Range 6 East: 
Section 5: Lot 1, southeeist quarter northeast quarter, and southeast 
quarter 
240.41 
Section 9: All 
640.00 
Section 17: All 
640.00 
Section 21: All 
640.00 
Section 29: All 
640.00 
Section 31: All fractional 
639.52 
Section 33: All 
640.00 
(B) Upon acceptance of title by the United States to such lands 
and interests therein, the Secretary shall convey to Burlington 
Northern Incorporated all right, title, and interest of the United 
States to the following described national forest system lands and 
interests therein, except mineral and geothermal interests: 
Township 7 North, Range 6 East: 
Acres 
Section 4: All fractional 
680.88 
Section 6: All fractional 
670.04 
Section 10: All 
640.00 
Section 22: All 
640.00 
(3)(A) If the Weyerhaeuser Company offers to the United States 
the following described lands and interests in lands, except mineral 
and geothermal interests, the Secretary shall accept such lands and 
interests therein: 
Weyerhaeuser 
Company. 
Township 9 North, Range 3 East: 
Acres 
Section 1: South half 
320.00 
Township 7 North, Range 4 East: 
Section 25: Northwest quarter northwest quarter 
40.00 
Township 8 North, Range 4 East: 
Section 2: All fractional 
494.28 
Township 9 North, Range 4 East: 
Section 1: All fractional 
658.52 
Section 3: South half northeast quarter, and south half 
400.00 
Section 4: Lots 2 and 3, south half north half, and south half 
560.30 
Section 5: South half northeast quarter, and south half 
400.00 
Section 6: Lot 7, southeast quarter southwest quarter, £uid south half 
southeast quarter 
155.38 
Section 7: All fractional 
623.44 
Section 8: All 
640.00 
Section 9: All 
640.00 
Section 11: All 
640.00 
Section 13: All 
640.00 
Section 15: East half east half 
160.00 
Section 16: North half northwest quarter 
80.00 
Section 17: North half northeast quarter 
80.00 
Section 22: A portion of east half and east half west half 
271. ± 
Section 23: All 
640.00 
Section 24: All 
640.00 
Section 25: All 
640.00 
Section 26: North half, southeast quarter, and a portion of the south-
west quarter 
572.± 
Section 27: A portion of the northeast quarter 
66.± 
Section 35: A portion of the northe£ist quarter 
105.± 
Township 10 North, Rsuige 4 East: 
Section 25: Southeast quarter 
160.00 
Township 9 North, Range 5 East: 
Section 5: All fractional 
640.32 
Section 6: All fractional 
679.52 
Section 7: Lots 1 and 2, northeast quarter, and east half northwest 
quarter 
340.57 
Section 8: North half. 
320.00 
Section 17: All 
640.00 
Section 19: All fractional 
694.72 
96 STAT. 304 
PUBLIC LAW 97-243—AUG. 26, 1982 
Exchanges, 
completion 
date. 
Values of 
lands or 
interests, 
reduction. 
Township 10 North, Range 5 East: 
. 
Section 5: A portion of the east half northeast quarter northwest 
Acres 
quarter and east half 
233.± 
Section 17: Northeast quarter northeast quarter, and a portion of the 
northeast quarter and east half southeast quarter 
145.± 
Section 19: A portion of the south half southeast quarter 
20.± 
Section 20: A portion of the south half south half 
60.± 
Section 21: East half, east half northwest quarter, northwest quarter 
northwest quarter, northeast quarter southwest quarter, and a 
portion of the southwest quarter northwest quarter, northwest 
quarter southwest quarter 
523.± 
Section 29: All 
640.00 
Section 30: Northeast quarter, south half, and a portion of the east 
half northwest quarter 
550. ± 
Section 31: All fractional 
688.55 
Section 32: All 
640.00 
Section 33: North half. 
320.00 
Township 11 North, Range 5 East: 
Section 32: Lots 1 and 2 
16.43 
(B) Upon acceptance of title by the United States to such lands 
and interests therein, the Secretary shall convey to Weyerhaeuser 
Company all right, title, and interest of the United States to the 
following described national forest system lands and interests 
therein, except mineral and geothermal interests: 
Township 10 North, Range 5 East: 
Acres 
Section 6: Mineral survey 
193.96 
Section 7: Mineral survey 
12.65 
Township 11 North, Range 5 East: 
Section 28: Mineral survey 
24.89 
Section 29: Portion of mineral survey 837 
5.20 
Township 8 North, Range 4 East: 
Section 29: All 
640.00 
Section 30: All fractional 
604.07 
Section 32: All fractional 
702.99 
Township 13 North, Range 3 East: 
Section 6: All fractional 
652.25 
Township 4 North, Range 3 East: 
Section 10: All 
640.00 
Section 16: All 
640.00 
Section 20: All 
640.00 
(4) Except as provided in paragraph (7), the instruments of convey-
ance respecting the lands and interests exchanged under this sub-
section may contain such reservations as may be agreed upon by the 
Secretary and the Weyerhaeuser Company or the Secretary and 
Burlington Northern Incorporated, as the case may be. 
(5) It is the sense of the Congress that the exchanges authorized 
pursuant to this subsection should be completed within ninety days 
after the date of the enactment of this Act. The Secretary shall use 
the authorities of subsection (a) if the exchanges authorized by this 
subsection are not completed within a reasonable time after the 
expiration of such ninety day period. 
(6) The Secretary shall certify in writing that to his satisfaction, at 
the time of conveyance, there has been no reduction in the values of 
the lands or interests therein caused by a direct action on the part of 
the current landowner below that which formed the basis for the 
exchanges provided for in this section. If the Secretary finds that a 
reduction in the value of the lands or interests therein has occurred 
caused by direct action on the part of the current landowner, the 
Secretary shall not carry out the exchange for those lands or 
interests so affected under this subsection, and acquisition of those 
lands and interests shall be undertaken by the Secretary in accord-
ance with the provisions of subsection (a). 
PUBLIC LAW 97-243—AUG. 26, 1982 
96 STAT. 305 
(7) The provisions of this subsection (except for the provisions of 
paragraphs (5) and (6)) do not authorize the exercise by the Secre-
tary of the power of eminent domain, and any exchange of the lands 
or interests in lands carried out under this subsection shall be 
pursuant to a voluntary agreement entered into between the Secre-
tary and Burlington Northern Incorporated, or the Secretary and 
Weyerhaeuser Ck)mpany, as the case may be, with the full consent of 
each of the parties to such agreement. 
(d) Nothing in this Act shall affect any prior contractual obliga-
tion of Burlington Northern Incorporated or Weyerhaeuser Com-
pany regarding lands owned by them and included in an exchange 
pursuant to wis Act nor shall such obligations be transferred 
pursuant to this legislation to the United States. 
(e) Anv terms, conditions, or obligations imposed by the Act of 
July 2, 1864 (13 Stat. 365), as amended, that apply to lands and 
interests in lands exchanged under this Act by Burlington Northern 
Incorporated shall apply in equivalent manner to lands and inter-
ests in lands obtained by Burungton Northern Incorporated under 
this Act. 
(f) Notwithstanding any other provision of law, the Secretary shall 
only be required to prepare an environmental assessment of any 
exchange of mineral or geothermal interests authorized by this Act. 
In the course of preparing the assessment, the Secretary shall 
conduct at least one public hearing in the vicinity of the mineral or 
geothermal interests to be conveyed by the United States in such 
exchange. Any exchange of mineral or geothermal interests may be 
made by the Secretary only after providing the committees referred 
to in section 1 of this Act thirty days' notice of his intention to do so. 
Environmental 
assessment. 
Hearing. 
ADMINISTRATION 
SEC. 4. (a) The Secretary acting through the Forest Service shall 
administer the Monument as a separate unit within the boundary of 
the Gifford Pinchot National Forest, in accordance with the appro-
priate laws pertaining to the national forest system, and in accord-
ance with the provisions of this Act. 
(bXD The Secretary shall manage the Monument to protect the 
geologic, ecologic, and cultural resources, in accordance with the 
provisions of this Act allowing geologic forces and ecological succes-
sion to continue substantially unimpeded. 
(2) The Secretary may take action to control fire, insects, diseases, 
and other agents that might (A) endanger irreplaceable features 
within the Monument or (B) cause substantial damage to significant 
resources adjacent to the Monument. 
(3) Nothing in this Act shall prohibit the Secretary from undertak-
ing or permitting those measures within the Monument reasonably 
necessary to ensure public safety and prevent loss of Ufe and 
property. 
(c) The Secretary shall permit the full use of the Monument for 
scientific study and research, except that the Secretary may impose 
such restrictions as may be necessary to protect public health and 
safety and to prevent undue modification of the natural conditions 
of the Monument. 
(d) In order to protect the significant features of the Monument, 
reduce user conflicts, and ensure visitor safety, the Secretary is 
authorized to control times and means of access and use of the 
Monument or parts thereof: Provided, That nothing in this section 
Scientific 
study and 
research. 
96 STAT. 306 
PUBLIC LAW 97-243—AUG. 26, 1982 
Recreational 
and interpretive 
facilities. 
Timber 
harvesting, 
exceptions. 
Notification 
or report to 
congressional 
committees. 
Hunting and 
fishing zones, 
designation. 
Management 
plan, sub-
mittal to 
congressional 
committees. 
shall be construed as to prohibit the use of motorized vehicles, 
aircraft or motorboats for emergency and other essential adminis-
trative services, including those provided by State and local govern-
ments, or when necessary, for authorized scientific research. 
(e)(1) The Secretary shall provide for recreational use of the 
Monument and shall provide recreational and interpretive facilities 
(including trails and campgrounds) for the use of the public which 
are compatible with the provisions of this Act, and may assist 
adjacent affected local governmental agencies in the development of 
related interpretive programs. 
(2) Except for roads needed for recreational and interpretive 
purposes as may be recommended by the comprehensive manage-
ment plan submitted in accordance with the provisions of subsection 
(i), roads or other developed facilities within the Monument should 
be located generally in areas which were developed prior to the 1980 
eruption. 
(f) Subject to valid existing rights, all Federal lands within the 
Monument are hereby withdrawn from all forms of entry or appro-
priation or disposal under the public land laws, and from location, 
entry, and patent under the United States mining laws, and from 
disposition under all laws pertaining to mineral and geothermal 
leasing and all amendments thereto. Any mining activity carried 
out pursuant to valid existing rights shall be conducted in accord-
ance with applicable Federal and State law. 
(g) Timber harvesting shall not be permitted on Federal lands 
within the Monument except (1) for timber salvage contracts 
awarded by the Forest Service before the date of enactment of this 
Act, and (2) to the minimum extent necessary to control fire, insects, 
diseases and other agents that would endanger irreplaceable fea-
tures within the Monument, cause substantial damage to significant 
resources adjacent to the Monument, or endanger public safety. 
National forest system roads within the Monument may be used to 
the extent necessary for such timber harvesting activities. If the 
Secretary intends to carry out timber harvesting activities under 
clause (2), the Secretary shall advise the Committee on Energy and 
Natural Resources of the Senate and the Committees on Agriculture 
and Interior and Insular Affairs of the House of Representatives of 
the action the Secretary intends to take at least 30 days in advance 
of initiating action to contract for such sales, except that in emer-
gency situations the Secretary shall submit a report to such Com-
mittees, describing the action taken within 30 days thereafter. 
(h) The Secretary shall permit hunting and fishing on lands and 
waters within the Monument in accordance with applicable Federal 
and State law, except that the Secretary may designate zones within 
the Monument where, and establish periods when, no hunting or 
fishing shall be permitted for reasons of public health and safety, 
the protection of resources, scientific research activities, or public 
use and enjoyment. Except in emergencies, any regulations issued 
by the Secretary under this subsection shall be put into effect only 
after consultation with the appropriate State agencies responsible 
for hunting and fishing activities. Nothing in this subsection shall 
be construed as affecting the jurisdiction or responsibilities of the 
State of Washington with respect to wildlife and fish within the 
Monument. 
(i) Within three years after the date of enactment of this Act, the 
Secretary shall submit to the committees referred to in section 1(b), 
a detailed and comprehensive management plan for the Monument. 
PUBLIC LAW 97-243—AUG. 26, 1982 
96 STAT. 307 
The initial Monument management plan may be expressed as an 
amendment to the October 1981 Mount St. Helens Land Manage-
ment Plan. Subsequent Monument plans shall be integrated with 
and periodically revised as a component of the Gifford Pinchot land 
management planning process. The plan shall include but not be 
limited to: 
(1) measures for the preservation of the natural geologic and 
ecologic processes and integrity of the resources; 
(2) indications of types, locations, and general intensities of 
development and access routes associated with the public under-
standing, use, and enjoyment of the area, including anticipated 
timetables and costs; 
(3) identification of, and implementation plans for, visitor 
carrying capacities of the area; and 
(4) indications of any potential modifications of the external 
boundaries of the area, and the reasons therefor. 
MANAGEMENT OF ADJACENT FEDERAL LANDS 
SEC. 6. Nothing in this Act shall be construed as authorizing or 
directing the establishment of protective perimeters or buffer zones 
around the Monument for the purpose of precluding activities out-
side the Monument boundary which would otherwise be permitted 
under applicable law. Nothing in this Act shall be construed as 
limiting the existing authority of the Secretary to take actions on 
Federal lands adjacent to the Monument necessary to protect public 
health and safety in emergencies involving volcanic activity. 
SCIENTIFIC ADVISORY BOARD 
SEC. 7. (a) There is hereby established the Mount St. Helens 
Scientific Advisory Board (hereinafter referred to as the "Board"). 
The Secretary shall consult with and seek the advice and recommen-
dations of the Board with respect to— 
(1) the measures needed to protect and manage the natural 
and scientific values of the Monument; and 
(2) the administration of the Monument with respect to poli-
cies, programs, and activities which are specifically intended to 
retain the natural ecologic and geologic processes and integrity 
of the Monument. 
The Board may make recommendations to the Secretary in regard 
to new research opportunities which may exist within the 
Monument designed to gain scientific information for future inter-
pretation and enjoyment by visitors to the Monument. No recom-
mendation by the Board shall be binding upon the Secretary. 
(b) The Board shall be composed of nine members, who shall be 
individuals with recognized professional standing in appropriate 
scientific disciplines, as follows: 
(1) three members appointed by the Secretary (one of whom 
shall be a professional employee of the Forest Service); 
(2) two members appointed by the Secretary of the Interior 
(one of whom shall be a professional employee of the United 
States Geological Survey); 
(3) two members appointed by the Governor of the State of 
Washington from among professional employees of the State of 
Washington; and 
Mount St. 
Helens Scien-
tific Advisoi-y 
Board. 
Establishment. 
New research 
opportunities, 
recommenda-
tions. 
Membership. 
96 STAT. 308 
PUBLIC LAW 97-243—AUG. 26, 1982 
Terms of 
office. 
Termination. 
(4) two members appointed by the Chairman of the National 
Science Foundation. 
(c) Each member shall be appointed to serve for a term of three 
years, except that one of the initial appointees of each appointing 
official shall serve an initial term of four years, one of the initial 
appointees of each appointing official shall serve an initial term of 
two years, and one of the initial appointees of the Secretary shall 
serve an initial term of one year. 
(d) The members of the Board shall be appointed within ninety 
days of the date of enactment of this Act. The members of the Board 
shall, at their first meeting, elect a chairman. 
(e) The Secretary, or a designee, shall from time to time, but at 
least annually, meet and consult with the Board on matters relating 
to the protection of the Monument and potential and ongoing 
research programs within the Monument. 
(f) Members of the Board shall serve without compensation as 
such, but the Secretary is authorized to pay, upon vouchers signed 
by the Chairman, the expenses reasonably incurred by the Board 
and its members in carrying out their responsibilities under this 
Act. 
(g) Any vacancy in the Board shall be filled in the same manner in 
which the original appointment was made. 
(h) The Board shall terminate ten years from the date of its first 
meeting. 
EXPENDITURE OF CERTAIN REVENUES FROM GIFFORD PINCHOT 
NATIONAL FOREST BY SKAMANIA COUNTY, WASHINGTON 
SEC. 8. (a) Notwithstanding the provisions of the last paragraph 
under the heading "Forest Service" of the Act of May 23, 1908 (16 
U.S.C. 500), and of section 13 of the Act of March 1, 1911 (16 U.S.C. 
500), of the amount which is paid under such provisions to the State 
of Washington with respect to Gifford Pinchot National Forest, to be 
expended for the benefit of Skamania (Dounty— 
(1) not less than fifty percent shall be expended for the benefit 
of the public schools of Skamania Clounty, as Skamania County 
may specify, and 
(2) the remainder shall be expended for the benefit of public 
roads and other public purposes of Skamania County, as Ska-
mania County may specify. 
(b) Subsection (a) shall not apply to any amount paid by the 
Secretary of the Treasury under the provisions of law referred to in 
subsection (a) at the end of any fiscal year ending before the date of 
the enactment of this Act. 
PUBLIC LAW 97-243—AUG. 26, 1982 
96 STAT. 309 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 9. There is hereby authorized to be appropriated to carry out 
the provisions of this Act, not to exceed $12,000,000 for the fiscal 
year beginning October 1,1982, and such sums as may be necessary 
for each fiscal year thereafter. 
Approved August 26, 1982. 
LEGISLATIVE HISTORY—H.R. 6530 (S. 2133): 
HOUSE REPORTS: No. 97-636, Pt. I (Comm. on Interior and Insular Affairs), Ft. II 
(Comm. on Agriculture) and No. 97-748 (Comm. of Conference). 
SENATE REPORTS: No. 97-481 accompanying S. 2133 (Comm. on Energy and 
Natural Resources) and No. 97-523 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
July 19, considered and passed House. 
July 21, considered and passed Senate, amended. 
Aug. 13, Senate agreed to conference report. 
Aug. 17, House agreed to conference report.