A bill to designate certain lands in the Monongahela National Forest, West Virginia, as wilderness; and to designate management of certain lands for uses other than wilderness.
PL 97-466 (H.R.5161), enacted 01/13/1983

96 STAT. 2538 
PUBLIC LAW 97-466—JAN. 13, 1983 
Public Law 97-466 
97th Congress 
Jan. 13, 1983 
[H.R. 5161] 
Monongahela 
National Forest, 
W.Va. 
Land 
designations. 
16 use 1131 
note. 
16 use 1132 
note. 
An Act 
To designate certain lands in the Monongahela National Forest, West Virginia, as 
wilderness; and to designate management of certain lands for uses other than 
wilderness. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
DESIGNATION OF WILDERNESS AREAS 
SECTION 1. In furtherance of the purposes of the Wilderness Act, 
the following lands are hereby designated as wilderness, and there-
fore, as components of the National Wilderness Preservation 
System— 
(1) certain lands in the Monongahela National Forest, West 
Virginia, which comprise approximately thirty-five thousand 
six hundred acres, as generally depicted on a map entitled 
"Cranberry Wilderness—Proposed", dated May 1982, and which 
shall be known as the Cranberry Wilderness: Provided, That for 
purposes of the Act of July 14, 1955 (69 Stat. 322) as amended, 
the Cranberry WUdemess may be reclassified only by Act of 
Congress enacted after the date of enactment of this Act; 
(2) certain lands in the Monongahela National Forest, West 
Virginia, which comprise approximately six thousand one hun-
dred acres, as generally depicted on a map entitled "Laurel 
Fork North Wilderness—Proposed", dated November 1981, and 
which shall be known as the Laurel Fork North Wilderness; and 
(3) certain lands in the Monongahela National Forest, West 
Virginia, which comprise approximately six thousand one hun-
dred acres, as generally depicted on a map entitled "Laurel 
Fork South Wilderness—Proposed", dated November 1981, and 
which shall be known as the Laurel Fork South Wilderness. 
Filing. 
Public 
availability. 
MAPS AND DESCRIPTIONS 
SEC. 2. As soon as practicable after the provisions of this Act take 
effect, the Secretary of Agriculture shall file maps and legal descrip-
tions of each wilderness area designated by this Act with the 
Committee on Interior and Insular Affairs and the Committee on 
Agriculture of the House of Representatives and the Committees on 
Energy and Natural Resources and Agriculture, Nutrition, and 
Forestry of the United States Senate, and each such map and legal 
description shall have the same force and effect as if included in this 
Act: Provided, however. That correction of clerical and t3rpographical 
errors in such legal descriptions and maps may be made. Each such 
map and legal description shall be on file and available for pubUc 
inspection in the office of the Chief, United States Forest Service, 
Department of .Agriculture. 
PUBLIC LAW 97-466—JAN. 13, 1983 
96 STAT. 2539 
ADMINISTRATION OF WILDERNESS 
SEC. 3. Subject to valid existing rights, each wilderness area 
designated by this Act shall be administered by the Secretary of 
Agriculture in accordance with the provisions of the Wilderness Act 
governing areas designated by that Act as wilderness: Provided, 
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 the relevant provision of this Act. 
16 u s e 1131 
note. 
DISPOSITION OF VAUD EXISTING RIGHTS 
SEC. 4. (a) The Secretary of the Interior (hereinafter in this Act 
referred to as "the Secretary"), in consultation with the Secretary of 
Agriculture, shall acquire: 
(1) all nonfederally owned coal deposits and other mineral 
interests and rights within the boundaries of the Cranberry 
Wilderness; and 
(2) coal deposits and mineral interests and rights outside the 
boundaries of the Cranberry Wilderness which are— 
(A) contiguous to the deposits, mineral interests, and 
rights referred to in paragraph (1) and owned by the person 
or entity which owns the deposits, interests, and rights 
referred to in paragraph (1); or 
(B) economically accessible only through the exercise of 
rights held within the wilderness. 
(b) For purposes of carrying out the acquisition required under Negotiations 
subsection (a), not later than three months after the date of enact-
ment of this Act, the Secretary shall initiate negotiations with the 
owner of the coal deposits or other mineral interests and rights 
within the Cranberry Wilderness. 
(cXD The Secretary shall conduct such coal or mineral evaluations 
with respect to the coal or other mineral interests or rights within 
the Cranberry Wilderness as may be necessary to determine fair 
market value. The fair market value of any rights as may exist shall 
be determined without reference to any restriction on access or use 
which may result from designation of the area as a wilderness. In 
determining fair market value the Secretary may contract with the 
owner to perform any necessary exploratory drilling or other evalu-
ation work and may compensate the owner therefor through pay-
ment of money or as an addition to the monetary credit under this 
Act. Where the Secretary conducts such evaluations, he shall pro-
vide the owner with all data available to the Secretary as a result of 
the evaluations. 
(2) Within one year of the date of enactment of this Act, the 
Secretary, in consultation with the owner shall determine the pres-
ent fair market value of coal deposits and mineral interests and 
rights. 
(A) The determination of fair market value shall be based on 
the replacement cost of the unmined recoverable coal deposits 
and mineral interests and rights in the ground, taking into 
account comparable sales recoverable minerals of comparable 
nature in the ground in the eastern United States, costs of 
compliance with all applicable Federal, State, and local laws 
and regulations, including reclamation and restoration of the 
land (including wetlands) and other costs normally incurred in 
the mining of such minerals. 
Fair market 
value. 
96 STAT. 2540 
PUBLIC LAW 97-466—JAN. 13, 1983 
Monetary 
credits. 
Fair market 
value. 
Appropriation 
authorization. 
(B) Upon voluntary surrender and relinquishment by the 
owner of all nonfederally owned coal deposits and other mineral 
interests and rights in the Cranberry Wilderness, the Secretary 
shall extend to the owner, its successors and assigns, a mone-
tary credit to be used against that portion of payment, bonus 
pa3anents, rental or royalty payments paid into the Treasury of 
the United States and retained by the Federal Government on 
any mineral, oil, or gas lease or other Federal property competi-
tively won or otherwise held by the applicant, its successors, or 
assigns. The monetary credit may be transferred or sold at any 
time by the owner to any other party with all the rights of the 
owner to the credit, and after such transfer, the owner shall 
notify the Secretary. In lieu of the monetary credits described 
above, the Secretary may, at his sole option, purchase the 
mineral rights referred to above. 
(C) Monetary credits authorized pursuant to this subsection 
shall be based on the fair market value of the owner's mineral 
interests as determined pursuant to subsection (c) of this sec-
tion. Such credit shall be used over a period of years with not 
more than ten percent of the credit to be used in any one year. 
(d) In the event the Secretary and the owner cannot agree on fair 
market value within one year of the date of enactment of this Act, 
either the Secretary or the owner shall have the right to petition the 
United States Claims Court for determination of fair market value 
in accordance with the standards set forth in this subsection, and 
said Court shall have jurisdiction to make said determination which 
shall be binding on all parties for purposes of this Act subject to the 
right of appeal. 
(e) Effective October 1, 1983, there are hereby authorized to be 
appropriated such sums as may be necessary to establish the value 
of the nonfederally owned mineral interests or rights lying within 
the Cranberry Wilderness area. Effective October 1, 1983, there are 
hereby authorized to be appropriated such sums as are necessary to 
carry out the other provisions of this Act: Provided, That no pay-
ment shall be effective except to the extent or in such amounts as 
are provided in advance in Appropriation Acts. 
(f) Exploration activities, including core drilling and use of 
mechanized ground equipment, shall be allowed in the Cranberry 
Wilderness designated by this Act to determine the value of the 
nonfederally owned mineral resources therein, under such reason-
able stipulations and conditions as may be imposed by the Secretary 
of Agriculture. 
OTHER PROVISIONS 
SEC. 5. (a) The Congress finds that— 
(1) the Department of Agriculture has completed the second 
Roadless Area Review and Evaluation program (RARE II); and 
(2) the Congress has made its own review and examination of 
National Forest System roadless areas in the State of West 
Virginia and of the environmental impacts associated with 
alternative allocations of such areas. 
O
b
) On the basis of such review, the Congress hereby determines 
and directs that— 
(1) without passing on the question of the legal and factual 
sufficiency of the RARE II final environmental statement 
(dated January 1979) with respect to National Forest System 
PUBLIC LAW 97-466—JAN. 13, 1983 
96 STAT. 2541 
lands in States other than West Virginia, such statement shall 
not be subject to judicisd review with respect to National Forest 
System lands in the State of West Virginia; 
(2) with respect to the National Forest System lands in the 
State of West Virginia which were reviewed by the Department 
of Agriculture in the second roadless area review and evalua-
tion (RARE n), that review and evaluation shall be deemed for 
the purposes of the initial land management plans required for 
such lands by the Forest and Rangeland Renewable Resources 
Planning Act of 1974 as amended by the National Forest Man-
agement Act of 1976 to be an adequate consideration of the 
suitability of such lands for inclusion in the National Wilder-
ness Preservation System and the Department of Agriculture 
shall not be required to review the wilderness option prior to 
the revision of the initial plans and in no case prior to the date 
established by law for completion of the initial planning cycle; 
(3) areas in the State of West Virginia reviewed in such final 
environmental statement and not designated as wilderness by 
this Act need not be managed for the purpose of protecting their 
suitability for wilderness des^ation pending revision of the 
initial plans; and 
(4) unless expressly authorized by C!ongress the Department of 
Agriculture shall not conduct any further statewide roadless 
area review and evaluation of national forest system lands in 
the State of West Virginia for the purposes of determining their 
suitability for inclusion in the National Wilderness Preserva-
tion System. 
16 u s e 1600 
note. 
16 u s e 1600 
note. 
Restriction. 
POCAHONTAS COUNTY AND WEBSTER COUNTY, WEST VIRGINIA 
SEC. 6. Notwithstanding any other provision of law, effective 
October 1,1983, there is hereby authorized to be appropriated up to 
$2,200,000 to be paid to Pocahontas and Webster C!ounties, West 
Virginia; such sum in compensation for property tax revenues and 
other taxes or pa3mients foregone by the aforementioned counties as 
a consequence of the acquisition of the nonfederally owned coal 
deposits and other mineral interests and rights within the bound-
aries of the Cranberry Wilderness as designated by this Act. 
Approved January 13, 1983. 
Appropriation 
authorization. 
LEGISLATIVE HISTORY—H.R. 5161: 
HOUSE REPORT No. 97-561, pt. 1 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
June 14, considered and passed House. 
Dec. 18, considered and passed Senate, amended. 
Dec. 20, House agreed to Senate amendment with an amendment; Senate 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 2 (1983): 
Jan. 13, Presidential statement.