An Act to establish the Sawtooth National Recreation Area in the State of Idaho, to temporarily withdraw certain national forest land in the State of Idaho from the operation of the United States mining laws, and for other purposes
PL 92-400 (H.R.6957), enacted 08/22/1972

612 
PUBLIC LAW 92-400-AUG. 22, 1972 
[86 STAT. 
August 22, 1972 
[H, R. 6957] 
Public Law 92-400 
AN ACT 
To estnblish the Sawtooth National Recreation Area in the .State of Idaho, to 
teu»iM»rarily withdraw certain national forest land in the State of Idaho 
from the oijeration of the United States mining laws, and for other purposes. 
Sawtooth Na-
tional Recreation 
Area, Idaho. 
Establishment. 
Map, publica-
tion in Federal 
Register. 
Administration. 
16 u s e 1131 
note. 
Land acquisi-
tion. 
Limitation. 
"Scenic ease-
ment." 
lie it enacted hy the Senate and House of Rei/^renentatives of the 
Ignited States of Amerka In Congress assemb/ed, That (a) in order to 
assure the preservation and protection of the natural, scenic, historic, 
pastoral, and fish and wildlife values and to provide for the enhance-
uient of the recreational values associated tnerewith. the Sawtooth 
National Recreation Area is hereby established. 
(b) The Sawtooth National Recreation Area (hereafter referred 
to as the "'recreation area"), including the Sawtooth Wilderness Area 
(hereafter referred to as the "wilderness area"), shall comprise the 
lands generally depicted on the map entitled "Sawtooth National 
Recreation Area" dated June, 1972, which shall be on file and avail-
able for public insj)ection in the office of the Chief, Forest Service, 
Department of Agriculture. The Secretary of Agriculture (hereafter 
referred to as the "Secretary'') shall, as soon as practicable after the 
date of enactment of this Act, publisli a detailed description and map 
showing the boundaries of the recreation area in the Federal Register. 
SEC. 2. (a) The Secretary shall administer the recreation area in 
accordance with the laws, rules and regulations applicable to the 
national forests in such manner as will best provide (1) the protection 
and conservation of the salmon and other fisheries; (2) the conserva-
tion and development of scenic, natural, historic, pastoral, wildlife, 
and other values, contributing to and available for public recreation 
and enjoynient, including the preservation of sites associated with 
and typifying the economic and social history of the American 
West; and (3) the management, utilization, and disposal of natural 
resources on federally owned lands such as timber, grazing, and mineral 
resources insofar as their utilization will not substantially impair the 
purposes for which the recreation area is established. 
(b) The lands designated as the Sawtooth Wilderness Area, which 
supei-sedes the Sawtooth Primitive Area, shall be administered in 
accordance with the provisions of this Act and the provisions of the 
Wilderness Act (78 btat. 890). whichever is more restrictive, except 
that any reference in such provisions to the effective date of the Wil-
derness Act shall be deemed to be a reference to the effective date of 
this Act. 
SEC. 3. (a) Except as j^rovided in section 4. the Secretary is author-
ized to acquire by donation, purchase with donated or appropriated 
funds, exchange, bequest, or otherwise any lands, or lesser interests 
therein, including mineral interests and scenic easements, which he 
determines are needed for the purposes of this Act: Provided, 
That 
acquisitions of lands or interests therein for access to and utilization 
of public property, and for recreation and other facilities, shall not 
exceed five per centum of the total acreage of all private property 
within the recreation area as of the effective date of this Act. 
As used in this Act the term "scenic easement*' means the right to 
control the use of land in order to protect the esthetic values for the 
purposes of this Act, but shall not preclude the continuation of any 
use exercised by the owner as of the date of this Act. 
(b) In exercising this authority to acquire lands, the Secretary shall 
give prompt and careful consideration to any offer made by an indi-
vidual owning any land, or interest in land, within the boundaries 
described in subsection 1(b) of this Act. In considering such offer, the 
Secretary shall take into consideration any hardship to the owner 
Condemnation 
proceedings. 
Non-Federal 
property ex-
change. 
Mineral inter-
ests. 
86 STAT. ] 
PUBLIC LAW 92-400-AUG. 22, 1972 
which might result from any undue delay in acquiring his property. 
(c) The Secretary may utilize condemnation proceedings without 
the consent of the owner to acquire private lands or interests therein 
pursuant to this section only in cases where, in his judgment, all reason-
able efforts to acquire such lands or interests therein by negotiation 
have failed, and m such cases he shall acquire only such title as, in 
his judgment, is reasonably necessary to accomplish the objectives of 
this Act. 
(d) In exercising his authority to acquire property by exchange, the 
Secretary may accept title to any non-Federal property, or interests 
therein, located within the recreation area and, notwithstanding any 
other provision of law, he may convey in exchange therefor any fed-
erally owned property within the State of Idaho which he classifies 
as suitable for exchange and which is under his administrative juris-
diction. The values of the properties so exchanged shall be appi-oxi-
mately equal or, if they are not approximately equal, they shall be 
equalized by the payment of cash to the grantor or to the Secretary 
as the circumstances require. In the exercise of his exchange author-
ity, the Secretary may utilize authorities and procedures available to 
him in connection with exchanges of national forest lands. 
(e) Nothing in this Act shall be construed as limiting the author-
ity of the Secretary to acquire mineral interests in lands within the 
recreation area, with or without the consent of the owner. Upon 
acquisition of any such interest, the lands and/or minerals covered by 
such interest are by this Act withdrawn from entry or appropriation 
under the United States mining laws and from disposition under all 
laws pertaining to mineral leasing and all amendments thereto. 
(f) Any land or interest in land owned by the State of Idaho or 
any of its political subdivisions may be acquired only by donation 
or exchange. 
(g) Notwithstanding any other provision of law, any Federal prop-
erty located within the recreation area may, with the concurrence of 
the agency having custody thereof, be transferred without considera-
tion to the administrative jurisdiction of the Secretary for use by him 
in carrying out the purposes of this Act. Lands acquired by the Secre-
tary or transferred to his administrative jurisdiction within the recre-
ation area shall become parts of the recreation ai'ea and of the national 
forest within or adjacent to which they are located. 
(h) Except as otherwise provided, the Secretary shall have the 
authority to use condemnation as a means of acquiring a clear and 
marketable title, free of any and all encumbrances. 
SEC. 4. (a) The Secretary shall make and publish regulations set-
ting standards for the use, subdivision, and development of privately '•^^"lation 
owned property within the boundaries of the recreation area. Such 
regulations shall be generally in furtherance of the purposes of this 
Act and shall have the object of assuring that the highest and best 
private use, subdivision, and development of such privately owned 
property is consistent with the purposes of this Act and with the 
overall general plan of the recreation area. Such regulations shall be 
as detailed and specific as is reasonably required to accomplish such 
objective and purpose. Such regulations may differ amongst the sev-
eral parcels of private land in the boundaries and may from time to 
time be amended by the Secretary. All regulations adopted under this 
section shall be promulgated in conformity with the provisions of the 
Administrative Procedure Act. The United States District Court for 
the District of Idaho shall have jurisdiction to revieAv any regulations 
established pursuant to the first sentence of this subsection, upon a 
complaint filed within six months after the effective date of sucli 
regulations, by any affected landowner in an action for a declaratory 
judgment. 
T W R ' 
Condemnation 
authority. 
Private land. 
60 Stat. 237. 
5 u s e prec. 
551 note. 
614 
PUBLIC LAW 92-400-AUG. 22, 1972 
[86 STAT, 
Condemnation 
restriction. 
Wilderness 
areas, designa-
tion. 
16 u s e 1132. 
Stanley, resto-
ration. 
State civil and 
criminal jurisdic-
tion. 
Hunting and 
fishing regula-
tions. 
Federal-State 
water rights. 
Mining restric-
tion. 
Land surface 
protection, regula-
tions. 
(b) After jjublication of such regulations, no privately owned lands 
shall be acquired by the Secretary by condemnation unless he deter-
mines, in his judgment, that such lands are being used, or are in 
imminent danger of being used, in a manner incompatible with the 
regulations established pursuant to this section or unless such lands are 
determined to be necessary for access or development, in which case 
such acquisitions shall be subject to the 5 per centum limitation estab-
lished in subsection 3(a) of this Act. 
SEC. 5. The Secretary shall, as soon as practicable after the enact-
ment of this Act, review the undeveloped and unimproved portion or 
portions of the recreation area as to suitability or nonsuitability for 
preservation as a part of the National Wilderness Preservation Sys-
tem. In conducting his review, the Secretary shall comply with the 
provisions of subsection 3(d) of the Wilderness Act of September 3, 
1964 (78 Stat. 892), relating to public notice, public hearings, and 
review by State and other agencies, and shall advise the Senate and 
House of Representatives of his recommendations with respect to the 
designation as wilderness of the area or areas review^ed. 
SEC. 6. The Secretary may cooperate with other Federal agencies, 
with State and local public agencies, and with private individuals 
and agencies in the development and operation of facilities and serv-
ices in the area in furtherance of the purposes of this Act, including, 
but not limited to, the restoration and maintenance of the historic 
setting and background of the frontier ranch-type town of Stanley. 
SEC. 7. Nothing in this Act shall diminish, enlarge, or modify any 
right of the State of Idaho, or any political subdivision thereof, to 
exercise civil and criminal jurisdiction within the recreation area or 
of rights to tax persons, corporations, franchises, or property, includ-
ing mineral or other interests, in or on lands or waters within the 
recreation area. 
SEC. 8. The Secretary shall permit hunting and fishing on lands and 
waters under his jurisdiction within the boundaries of the recreation 
area in accordance with applicable laws of the United States and the 
State of Idaho, except that the Secretary may designate zones where, 
and establish periods when, no hunting or fishing shall be permitted 
for reasons of public safety, administration, or public use and enjoy-
ment. Except in emergencies, any regulations of the Secretary pur-
suant to this section shall be put into effect only after consultation 
with the appropriate State fish and game department. 
SEC. 9. The jurisdiction of the State and the United States over 
waters of any stream included in the recreation area shall be deter-
mined by established principles of law. Under the provisions of this 
Act, any taking by the United States of a water right which is vested 
under either State or Federal law at the time of enactment of this Act 
shall entitle the owner thereof to just compensation. Nothing in this 
Act shall constitute an express or implied claim or denial on the part 
of the Federal Government as to exemption from State water laws. 
SEC. 10. Subject to valid existing rights, all Federal lands located 
in the recreation area are hereby withdrawn from all forms of loca-
tion, entry, and patent under the mining laws of the United States. 
SEC. 11. The Congress hereby recognizes and declares the need to 
take action to regulate the use of, and protect the surface values of, 
the Federal lands in the recreation area, and directs that rules and 
regulations necessary to carry out this section shall be promulgated 
and issued by the Secretary of Agriculture after consultation with 
the Secretary of the Interior. Such regulations shall include, when 
deemed necessary, provisions for control of the use of motorized and 
mechanical equipment for transportation over, or alteration of, the 
surface of such Federal land in connection with any authorized activi-
ties on such land, including but not limited to mineral prospecting, 
exploration, or development operations. 
86 STAT.] 
PUBLIC LAW 92-400-AUG. 22, 1972 
615 
Area analysis 
park proposal. 
Report to Con-
gress. 
SEC. 12. Patents shall not hereafter be issued for locations and claims 
heretofore made in the recreation area imder the mining laws of the 
United States. 
SEC. 13. There are authorized to be appropriated for the purposes 
Appropriation. 
of this Act not more than $19,802,000 for the acquisition of lands and 
interests in lands and not more than $26,241,000 for development. 
Money appropriated from the land and water conservation fund shall 
be available for the acquisition of lands, waters, and interests therein 
within the recreation area. 
SEC. 14. (a) The Secretary of the Interior, in consultation with 
appropriate Federal, State, and local agencies, shall make a com-
prehensive analysis of the natural, economic, and cultural values of 
the recreation area and the adjacent Pioneer Mountains for the pur-
pose of evaluating the potentiality of establishing therein a national 
park or other unit of the national park system. He shall submit a 
report of the results of the analysis along with his recommendations 
to the Congress by December 31,1974. 
(b) His report shall show that in making the aforesaid recom-
mendations he took into consideration, among other things— 
(1) the feasible alternative uses of the land and the long- and 
short-term effect of such alternative uses upon, but not limited to, 
the following— 
> 
(A) the State and local economy, 
(B) the natural and cultural environment, 
(C) the management and use of water resources, 
(D) the management of grazing, timber, mineral, and other 
commercial activities, 
(E) the management of fish and wildlife resources, 
(F) the continued occupancy of existing homesites, camp-
sites, commercial and public recreation enterprises, and 
other privately owned properties and the future develop-
ment of the same, 
(Gr) the interrelation between recreation areas, wilderness 
areas and park lands, and 
(2) the establishment of a national park in the mountain 
peaks and upland areas together with such portions of the national 
recreation area as may be necessary and appropriate for the 
proper administration and public use of and access to such park 
lands, leaving the valleys and low-lying lands available for 
multiple-use purposes. 
(c) Any recommendation for the establishment of a unit of the 
national park system shall be accompanied by (1) a master plan 
for the development and administration of such unit, indicating pro-
posed boundaries, access or other roads, visitor facilities, and proposed 
management concepts applicable to such unit; (2) a statement of the 
estimated Federal cost for acquisition, development, and operation of 
such unit; and (3) proposed legislation for establishment of such 
park administrative unit. 
(d) There are authorized to be appropriated not more than $50,000 
Appropriation, 
to carry out the provisions of this section. 
SEC. 15. If any provision of this Act is declared to be invalid, such 
separability. 
declaration shall not affect the validity of any other provision hereof. 
Approved August 22, 1972. 
82-081 O - 73 - 42