An Act to designate the Boundary Waters Canoe Area Wilderness, to establish the Boundary Waters Canoe Area Mining Protection Area, and for other purposes.
PL 95-495 (H.R.12250), enacted 10/21/1978

PUBLIC LAW 95-495—OCT. 21, 1978 
92 STAT. 1649 
Public Law 95-495 
95th Congress 
An Act 
To designate the Boundary Waters Canoe Area Wilderness, to establish the 
Boundary Waters Canoe Area Mining Protection Area, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, 
FINDINGS 
SECTION 1. The Congress finds that it is necessary and desirable to 
provide for the protection, enhancement, and preservation of the 
natural values of the lakes, waterways, and associated forested areas 
known (before the date of enactment of this Act) as the Boundary 
Waters Canoe Area, and for the orderly management of public use and 
enjoyment of that area as wilderness, and of certain contiguous lands 
and waters, while at the same time protecting the special qualities of 
the area as a natural forest-lakeland wilderness ecosystem of major 
esthetic, cultural, scientific, recreational and educational value to the 
Nation. 
PURPOSES 
SEC. 2, It is the purpose of this Act to provide for such measures 
respecting the areas designated by this Act as the Boundary Waters 
Canoe Area Wilderness and Boundary Waters Canoe Area Mining 
Protection Area as will— 
(1) provide for the protection and management of the fish and 
wildlife of the wilderness so as to enhance public enjoyment and 
appreciation of the unique biotic resources of the region, 
(2j protect and enhance the natur&l values and environmental 
quality of the lakes, streams, shorelines and associated forest areas 
of the wilderness, 
(3) maintain high water quality in such areas, 
(4) minimize to the maximum extent possible, the environ-
mental impacts associated with mineral development affecting 
such areas, 
(5) prevent further road and commercial development and 
restore natural conditions to existing temporary roads in the 
wilderness, and 
(6) provide for the orderly and equitable transition from 
motorized recreational uses to nonmotorized recreational uses on 
those lakes, streams, and portages in the wilderness where such 
mechanized uses are to be phased out under the provisions of this 
Act. 
Oct. 21, 1978 
[H.R. 12250] 
Boundary Waters 
Canoe Area 
Wilderness, 
desi|;nation; 
Boundary Waters 
Canoe Area 
Mining 
Protection Area, 
establishment. 
BOUNDARY WATERS CANOE AREA WILDERNESS DESIGNATION AND MAP 
SEC. 3. The areas generally depicted as wilderness on the map entitled 
"Boundary Waters Canoe Area Wilderness and Boundary Waters 
Canoe Area Mining Protection Area" dated September 1978, compris-
ing approximately one million and seventy-five thousand five hundred 
acres, are hereby designated as the Boundary Waters Canoe Area Wil-
derness (hereinafter referred to as the "wilderness"). Such designa-
tion shall supersede the designation of the Boundary Waters Canoe 
16 use 1132 
note. 
39-194 O—80—pt. 2 
24 : QL3 
92 STAT. 1650 
PUBLIC LAW 95-495—OCT. 21, 1978 
16 use 1132. 
Publication in 
Federal Register. 
Filing with 
congressional 
committees. 
Repeal. 
16 use 1133. 
Motorboat use. 
Area under section 3(a) of the Wilderness Act (78 Stat. 890) and such 
map shall supersede the map on file pursuant to such section. The map 
of the wilderness shall be on file and available for public inspection in 
the offices of the Supervisor of the Superior National Forest and of the 
Chief, United States Forest Service. The Secretary of Agriculture, 
hereinafter referred to as "The Secretary," shall, as soon as practicable 
but in no event later than one year after the date of enactment of this 
Act, publish a detailed legal description and map showing the bounda-
ries of the wilderness in the Federal Register. Such map and descrip-
tion shall be filed with the Committee on Interior and Insular Affairs 
of the House of Representatives and the Committee on Energy and 
Natural Resources of the United States Senate. Such map and descrip-
tion shall have the same force and effect as if included in this Act. Cor-
rection of clerical and typographical errors in such legal description 
and map may be made. 
ADMINISTRATION 
SEC. 4. (a) The Secretary shall administer the wilderness under the 
provisions of this Act, the Act of January 3, 1975 (88 Stat. 2096; 16 
U.S.C. 1132 note), the Wilderness Act of 1964 (78 Stat. 890,16 U.S.C. 
1131-1136), and in accordance with other laws, rules and regulations 
generally applicable to areas designated as wilderness. 
(b) Paragraph (5) of section 4(d) of the Wilderness Act of 1964 is 
hereby repealed and paragraphs (6), (7), and (8) of such section 4(d) 
are hereby redesignated as paragraphs (5), (6), and (7). 
(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; New-
found, Lake County; Sucker, Lake County; Snowbank, Lake 
County; East Bearskin, Cook County; South Farm, Lake County; 
Trout, Saint Louis County; Basswood, except that portion gen-
erally 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, motor-
boats with motors of no greater than ten horsepower shall be per-
mitted 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 gen-
erally west of Threemile Island, until January 1, 1999; Brule, 
PUBLIC LAW 95-495—OCT. 21, 1978 
92 STAT. 1651 
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 horse-
power 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 Wash-
ington Island. 
(d) The detailed legal description and map to be published pursu-
ant 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 fol-
lowing 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. 
(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. 
(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. 
(g) Nothing in this Act shall be deemed to require the termina-
tion of the existing operation of motor vehicles to assist in the trans-
port 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. 
Exemptions. 
Snowmobile use. 
Trail grooming, 
special permits. 
Motorboat use, 
entry point 
quotas. 
Boat portages, 
motorized 
assistance. 
92 STAT. 1652 
PUBLIC LAW 95-495—OCT. 21, 1978 
Motorized craft, 
authorizations. 
Additional 
standards and 
criteria. 
(h) The motorized uses authorized by this section shall be conj&ned 
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. 
(i) Except for motorboats, snowmobiles, and mechanized portag-
ing, 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 Fed-
eral, State, and local governmental officials or their deputies, only 
where the Secretary finds that such use is essential. 
Purchase, notice 
from owner. 
Fair market 
value. 
Residence 
retention. 
Appropriation 
authorization. 
Termination 
period. 
RESORTS 
SEC. 5. (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, McFar-
land. Cook County, North Fowl, Cook County, South Fowl, 
Cook County, Jasper Lake, Lake County, Ojibway, Lake County. 
(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. 
(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. 
TIMBER SALE CONTRACTS 
SEC. 6. (a) The Secretary is directed to terminate within a period 
of one year after the date of passage of this Act, all timber sale con-
tracts 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. 
PUBLIC LAW 95-495—OCT. 21, 1978 
92 STAT. 1653 
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 substan-
tially unnoticeable on the lands included as wilderness in this Act. 
(b)(1) In the event that termination of timber sale contracts in 
subsection (a) reduces the total national forest volume which a pur-
chaser 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 prac-
ticable, 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 eq^uitable 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 amend-
ment V to the Constitution of the United States. Losses due to costs 
incurred in directly fulfilling the terms of such contracts shall be j)aid 
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 compe-
tent jurisdiction. Any such judgments shall be paid from the claims 
and judgments fund (31 U.S.C. 724a). 
(c) Within the limits of applicable laws and prudent forest manage-
ment: 
(1) the Secretary shall, in furtherance of the purposes of sub-
section (a) of this section and of section 4 of the National Forest 
Management Act of 1976 (90 Stat. 2949), expedite the intensifi-
cation of resource management including emphasis on softwood 
timber production and hardwood utilization on the national 
forest lands in Minnesota outside the wilderness to offset, to the 
extent feasible, the reduction in the programmed allowable timber 
harvest resulting from reclassification of the Boundary Waters 
Area, and the Secretary shall make a review of progress to date in 
1983, and a forecast of planned achievements by 1985 and shall 
submit, as a part of the 1985 program under the schedule called 
for in the Eesources Planning Act of 1974, a Plan and recom-
mendations for 1985-1990. In administering the Superior National 
Forest, the Secretary is authorized and directed to engage in 
artificial and natural regeneration, release, site preparation, and 
other forms of timber production enhancement. 
(2) The Secretary, in carrying out the requirements in section 
(c) (1), is authorized and directed to cooperate with the State of 
Minnesota and its political subdivisions to develop and implement 
a system of grants, for the development of renewable resources on 
State, County and private lands. He may also seek the cooperation 
of other Federal departments and agencies to assure a coordinated 
approach to renewable resources development. 
(d) There is authorized to be appropriated, in addition to such sums 
as may otherwise be appropriated for the Superior National Forest 
from existing authorities established by law, the following additional 
sums for the fiscal years 1980 through 1990 inclusive: 
(1) to carry out the purposes of subsection 6 (c) (1) an additional 
$8,000,000 annually; and. 
Substitution. 
Compensation, 
u s e prec. title I. 
Recovery. 
Resource 
management 
review and plan. 
16 u s e 1601. 
Administrative 
provisions. 
Grants system, 
cooperation. 
Appropriation 
authorizations. 
92 STAT. 1654 
PUBLIC LAW 95-495—OCT. 21, 1978 
(2) to carry out the purposes of subsection 6(c)(2) an addi-
tional $3,000,000 annually: Provided^ however^ That the Federal 
share of any grant made pursuant to subsection 6(c) (2) shall not 
exceed 80 percent of the total cost of said grant. 
(e) Funds appropriated pursuant to this section shall remain avail-
able until expended. Authorizations in excess of funds appropriated in 
a given fiscal year shall remain available for appropriation in subse-
quent fiscal years. 
(f) In addition to those personnel who would otherwise be available, 
the Secretary is authorized to appoint and fix the compensation (not 
5 use 5332 note, to exceed that of grade 15 on the General Schedule for Federal 
empWyees) of additional full-time personnel for the Superior National 
Forest to carry out the purposes of this Act. 
LAWS APPLICABLE TO CERTAIN LANDS AND WATERS IN THE SUPERIOR 
NATIONAL FOREST 
SEC. 7. (a) The provisions of the Acts listed in paragraph (b) of 
this section shall continue to apply to lands and waters specified in 
such Acts notwithstanding the inclusion of any such lands and waters 
in the wilderness or mining protection area designated under this Act. 
For lands and waters to which such Acts listed in paragraph (b) apply 
which are also within the wilderness or mining protection area desig-
nated under this Act, any withdrawal, prohibition, or restriction con-
tained in such Acts listed in paragraph (b) shall be in addition to any 
withdrawal, prohibition, or restriction otherwise applicable to such 
wilderness or mining protection area under any other law. 
(b) The Acts referred to in paragraph (a) are as follows: 
•' 
' ' 
(1) The Act of July 10, 1930 (46 Stat. 1020; 16 U.S.C. 5T7a, 
577b), herein referred to as the "Shipstead-Nolan Act". 
(2) The Act of June 22, 1948 (62 Stat. 568, as amended, 16 
U.S.C. 577c-577b), herein referred to as the "Thye-Blatnik Act". 
(c) The provisions of the Shipstead-Nolan Act are hereby extended 
and made applicable to all lands and waters not otherwise subject co 
such Act which are within the wilderness designated under this Act. 
(d)(1) The authorities contained in the Thye-Blatnik Act are 
hereby extended and made applicable to all lands and waters not other-
wise subject to such Act which are within the wilderness designated 
under this Act. 
(2) In applying the second proviso of section 5 of such Thye-
16 use 577g. 
Blatnik Act to the areas to which such Act is extended and made 
applicable under this subsection, the phrase "fiscal year 1980" shall be 
substituted for the phrase "the first full fiscal year after the approval 
of this Act" in such proviso. 
Appropriation 
(3) There are authorized to be appropriated such sums as may be 
authorization. 
necessary to carry out the provisions of the Thye-Blatnik Act with 
respect to the lands and waters within the wilderness designated under 
this Act. Such sums may be used for the payment of court judgments 
in condemnation actions brought under the terms of the Thye-Blatnik 
Act without regard to the date such condemnation actions were initially 
instituted. Funds appropriated from the Land and Water Conservation 
Fund may be used for the acquisition of any lands and waters, or 
interests therein within such wilderness. 
EXISTING AIRSPACE RESERVATION 
3 CFR 
SEC. 8. The provisions of Executive Order 10092 as made applicable 
1949-1953 
to the Boundary Waters Canoe Area established by the Wilderness 
5^°"?-' P- 287 
Act of 1964 shall be deemed incorporated into this Act. 
note. 
PUBLIC LAW 95-495—OCT. 21, 1978 
92 STAT. 1655 
Filing with 
congressional 
committees. 
MINING PROTECTION AREA ESTABLISHMENT 
SEC. 9. In order to protect existing natural values and high standards 
of environmental quality from the adverse impacts associated with 
mineral development, there is hereby established the Boundary Waters 
Canoe Area Mining Protection Area (hereinafter in this Act referred 
to as the "mining protection area"), comprising approximately two 
hundred and twenty-two thousand acres. 
MAP AND BOUNDARIES 
SEC. 10. The mining protection area shall comprise the area generally 
depicted as a mining protection area on the map entitled "Boundary 
Waters Canoe Area Wilderness and Boundary Waters Canoe Area 
Mining Protection Area" dated September 1978, which shall be on file 
and available for public inspection in the offices of the Supervisor of 
the Superior National Forest and of the Chief, United States Forest 
Service. As soon as practicable after this Act takes effect, the Secretary 
shall file a map and a legal description of the mining protection area 
with the Committee on Interior and Insular Affairs of the House of 
Representatives and the Committee on Energy and Natural Resources 
of the United States Senate. Such map and description shall have the 
same force and effect as if included in this Act. Correction of clerical 
and typographical errors in such description may be made. 
MINING AND MINERAL LEASING I N THE WILDERNESS AND MINING 
PROTECTION AREA 
SEC. 11. (a) In addition to any other applicable prohibition or with- Prohibitions, 
drawal from entry or appropriation under any provision of the Wil-
derness Act or under any other provision of law, no permit, lease, or 
other authorization may be issued by any agency or authority of the 
United States for— 
(1) exploration for, or mining of, minerals owned by the 
United States within the Boundary Waters Canoe Area Wilder-
ness and Boundary Waters Canoe Area Mining Protection Area; 
or 
(2) exploration for, or mining of minerals within such areas if 
such activities may affect navigable waters; or 
(3) the use of property owned by the United States in relation 
to any mining of or exploration for minerals in such areas which 
may materially impair the wilderness qualities of the wilderness 
area or which may materially impair the natural values and envi-
ronmental quality of the mining protection area. 
The prohibitions contained in this subsection and any withdrawal 
from entry or appropriation for mining of or exploration for minerals 
applicable to the Boundary Waters Canoe Area Wilderness and 
Boundary Waters Canoe Area Mining Protection Area shall not apply 
to the extent specifically provided in legislation enacted by the United 
States after the date of enactment of this Act pursuant to a national 
emergency declared by the President. 
(b) (1) Consistent with the prohibitions and other requirements in 
subsection (a) of this section, no permit, lease, or other authorization 
shall be issued unless and until— 
(A) the SecretaiT shall have approved a plan that details how 
mining will be conducted consistent with this Act and with other 
Federal, State, and local requirements, and that details how the -
92 STAT. 1656 
PUBLIC LAW 95-495—OCT. 21, 1978 
area will be restored to its original condition or to a substantially 
equivalent condition, including the estimated cost thereof; 
(B) the applicant has posted a bond for performance payable 
to the United States in an amount determined by the Secretary to 
be sufficient to assure completion of the reclamation plan if the 
work had to be performed by the United States; 
(C) the applicant shall have obtained all permits, licenses, 
certifications, and approvals required by Federal, State, or local 
law; and (iv) the Secretary has determined that no permanent 
facility will be constructed nor altetation will occur that could 
render the area incapable of reverting to its original condit ion or 
to a substantially equivalent condition. 
(2) The provisions of paragraphs (2) and (3) of section 4(d) of 
the Wilderness Act (78 Stat. 890; 16 U.S.C. 1133(d) (2) and 16 U.S.C. 
1133(d)(3)) shall not apply to the area designated herein as the 
Boimdary Waters Canoe Area Wilderness. 
Minerals or 
(c) The Secretary is authorized to acquire any minerals or mineral 
mineral rights, 
rights within the wilderness and mining protection area alleged to be 
acquisition. 
owned by persons other than the Federal or State governments in the 
following manner: 
(1) The Secretary first may seek to acquire these minerals or 
mineral rights by donation. In seeking a donation, the Secretary 
shall inform the person alleging the ownership interest of the 
procedures and limitations to be followed in acquisition by pur-
chase as set forth in paragraph (2) below. 
(2) If the person alle^ng the ownership interest does not 
donate his minerals or mineral rights to either the Federal or 
State governments, the Secretary is authorized to acquire the 
rights by purchase, within the limits of funds appropriated for 
property acquisition in the Superior National Forest, and in an 
amount appropriately discounted for the following factors if 
existent in relation to the particular mineral interest: 
(A) The original patenting from the Federal public 
domain was fraudulent. The patenting of lands in the Bound-
ary Waters Canoe Area Wilderness and Boundary Waters 
Canoe Area Mining Protection Area is prima facie fraudu-
lent if (1) the Act under which the patent was issued was 
one of the Acts intended to put settlers on the land, such as, 
but without limitation, the Cash Purchase Act of 1820 (chap-
ter LI, Act of April 24, 1820, 3 U.S. Stat. 566, 567, as 
amended); the Preemption Act of 1830 (chapter CCVIII, 
Act of May 29,1830, 4 U.S. Stat. 420, 421, as amended); the 
Homestead Act of 1862 (chapter LXXV, Act of May 20, 
1862, 12 U.S. Stat. 392-394, as amended); and the Timber 
and Stone Act (chapter 150, Act of June 3, 1878, 20 U.S. 
Stat. 88, 89, as amended, particularly by chapter 375, Act of 
August 4, 1892, 27 U.S. Stat. 348); and (2) the land was 
patented after 1875 and before the establishment of the 
Superior National Forest by proclamation on February 13, 
1909. The Secretary also shall consider any other evidence 
of fraud when determining the value of the minerals such as 
(1) the transfer by the entryman or patentee of whole or 
partial interests in the property during the patenting proc-
ess or soon thereafter, (2) the appearance in the chain of 
title of persons known to have participated in land specula-
tion as land brokers, entrymen, or in other capacities. 
PUBLIC LAW 95-495—OCT. 21, 1978 
92 STAT. 1657 
(B) The date of separation of the mineral or mineral 
rights from the surface interest, if the separation occurred 
after 1927, the year when the courts have determined that the 
roadless policy was established by the Secretary for the 
area. 
(C) Any other factor, such as restrictions on mining 
witJiin the area imposed by State or local government, or by 
operation of treaty. 
(d) In the event any legal action or proceeding is instituted by 
or against the United States in relation to minerals or mineral rights 
where the patenting is prima facie fraudulent as described in subsec-
tion (c) of this section, the Attorney General of the United States 
shall assert the public's equitable right to constructive or public trusts, 
or to recover or offset damages including but not limited to those 
based on the value of land fraudulently acquired plus interest at 6 per 
centum per annum. 
(e) Notwithstanding any requirement of this section, the Secretary 
shall have authority to acquire within the wilderness or mining pro-
tection area designated by this Act, existing mineral interests by 
donation, purchase, exchange, or through exercise of the power of 
eminent domain. 
(f) There is authorized to be appropriated to the Secretary such 
sums as may be required to carry out the purposes of this section, 
to be available until expended. 
Appropriation 
authorization. 
SEVERABILITY 
SEC. 12. If any provision of this Act is declared to be invalid, such 
declaration shall not affect the validity of any other provision hereof. 
EXISTING STRUCTURES 
SEC. 13. Nothing in this Act or the Wilderness Act shall be con-
strued to prohibit the maintenance of the Prairie Portage Dam (on 
the international boundary chain between Birch and Basswood 
Lakes), and the Secretary is authorized to perform such maintenance 
work as may be required to keep that dam functional at its present 
height and width. The Secretary is authorized to maintain other 
existing water control structures only where such structures are neces-
sary to protect wilderness values or public safety. 
16 use 1131 
note. 
JURISDICTION OVER FISH AND WILDLIFE 
SEC. 14. Nothing in this Act shall be construed as affecting the 
jurisdiction or responsibilities of the State with respect to fish and 
wildlife in the wilderness and the mining protection area. 
JURISDICTION OVER WATERS 
SEC. 15. The Secretary is authorized to promulgate and enforce Regulations, 
regulations that limit or prohibit the use of motorized equipment on or 
relating to waters located within the wilderness in accordance with the 
provisions of this Act: Provided^ That nothing in this Act shall be 
construed as affecting the jurisdiction or responsibilities of the State 
with respect to such waters except to the extent that the exercise of such 
jurisdiction is less stringent than the Secretary's regulations pro-
mulgated pursuant to this section: Provided further, That any regula-
tions adopted pursuant to this Act shall be complementary to, and not 
in derogation of regulations issued by the United States Coast Guard. 
92 STAT. 1658 
PUBLIC LAW 95-495—OCT. 21, 1978 
Cooperative 
agreements. 
Adininistration of 
mining protection 
area and adjacent 
lands. 
The Secretary is authorized to enter into cooperative agreements 
with the State of Minnesota with respect to enforcement of Federal 
and State regulations affecting the wilderness and the mining 
protection area. 
COOPERATION WITH STATE 
SEC. 16. (a) The Secretary shall cooperate with the State of Minne-
sota and any political subdivision thereof in the administration of the 
mining protection area and in the administration and protection of 
lands within or adjacent to the mining protection area owned or 
controlled by the State or any political subdivision thereof. Nothing in 
this title shall deprive the State of Minnesota or any political subdi-
vision thereof of its right to exercise civil and criminal jurisdiction 
within the wilderness and the mining protection area and impose 
land use controls and environmental health standards on non-Federal 
areas within the wilderness and the mining protection area, or of its 
right to tax persons, corporations, franchises, or other non-Federal 
property, including mineral or other interests, in or on lands or waters 
within the wilderness and the mining protection area. 
(b) The Secretary is authorized to enter into cooperative agreements 
with the State of Minnesota with respect to enforcement of Federal 
and State regulations affecting the wilderness and the mining pro-
tection and shall consult with the State of Minnesota in an effort to 
enhance the multiple-use benefits to be derived from both State and 
national forest lands. 
TREATIES 
SEC. 17. Nothing in this Act shall affect the provisions of any treaty 
now applicable to lands and waters which are included in the mining 
protection area and the wilderness. 
16 use 1131 
note. 
Program for 
disabled persons. 
EXPANSION o r RECREATION PROGRAMS 
SEC. 18. (a) The Secretary is authorized and directed to expedite and 
intensify the program of dispersed outdoor recreation development on 
the Superior National Forest outside the Boundary Waters Canoe 
Area Wilderness, as designated by this Act. The Secretary shall con-
sider in such new program development the need for the following: 
additional snowmobile trails, particularly those now planned or under 
construction; remote campsites on lightly developed lakes; and lake 
access sites and parking facilities to provide motorized recreation 
experiences similar to those previously available in the Boundary 
Waters Canoe Area. 
(b) The Secretary, consistent with the Wilderness Act of 1964 and 
with this Act, is authorized to construct a system of new hiking, back-
packing and cross-country ski trails within the Boundary Waters 
Canoe Area Wilderness as designated by this Act, and on appropriate 
adjacent Federal lands outside the wilderness. In constructing such a 
trail system, consideration should be given to locating portions of the 
system near existing resorts on the perimeter of the wilderness to 
provide additional outdoor recreation opportunities for resort guests. 
(c) The Secretary is authorized and directed to develop an educa-
tional program for the recreational users of the wilderness which will 
assist them to understand the purpose, value, and appropriate use of 
wilderness lands and the functioning of natural ecosystems in 
wilderness. 
(d) The Secretary in cooperation with the State of Minnesota and 
other appropriate groups, consistent with the purposes of this Act, 
PUBLIC LAW 95-495—OCT. 21, 1978 
92 STAT. 1659 
is authorized and directed to develop a program providing opportuni-
ties for a wide range of outdoor experiences for disabled persons. 
(e) There are authorized to be appropriated such sums as may be 
necessary for the Secretary to carry out the purposes of this section. 
SEC. 19. (a) The Secretary, in cooperation with other appropriate 
executive agencies, is authorized and directed to develop a cooperative 
program of technical and financial assistance to resorts in commercial 
operation in 1975, 1976, and 1977, and outfitters in commercial opera-
tion in 1977 which are located within the mining protection area or 
which are located on land adjacent to any of the lakes listed in section 5 
of this Act. There are authorized to be appropriated such sums as may 
be necessary for the purposes of this subsection. 
(b) There are authorized to be appropriated to the Secretary funds 
to be made available as grants to the Agricultural Extension Service, 
University of Minnesota, to provide over a three-year period educa-
tional and technical assistance to businesses and communities adjacent 
to the Boundary Waters Canoe Area Wilderness in order to improve 
economic opportunities for tourism and recreation-related busi-
nesses in a manner which is complementary to the management of the 
wilderness. 
MANAGEMENT STUDY 
Appropriation 
authorization. 
Technical and 
financial 
assistance for 
certain 
commercial 
operations. 
Grants. 
Submittal to 
congressional 
committees. 
SEC. 20. The Secretary, acting through the Chief, United States 
Forest Service, shall, not later than October 1, 1981, submit to the 
Committee on Interior and Insular Affairs of the House of Representa-
tives and the Committee on Energy and Natural Resources of the 
Senate, a comprehensive management plan setting forth the specific 
management procedures to implement the objectives of this Act. An Interim report, 
interim report setting forth public involvement procedures, manage-
ment alternatives, and a timetable for the remaining study actions, 
shall be submitted within one year from the date of enactment of this 
Act. 
LIMITATION OP AUTHORIZATIONS 
SEC. 21. All authorizations for any funds to be appropriated under 
the terms of this Act shall not be effective until October 1, 1979. Not-
withstanding any other provision of this Act, authority to enter 
into agreements or to make payments under this Act shall be effective 
only to the extent or in such amounts as are provided in advance in 
appropriation Acts. 
Approved October 21, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-1117, Pt. I (Comm. on Interior and Insular Affairs) and No. 
95-1790 (Comm. of Conference). 
SENATE REPORTS: No. 95-1274 (Comm. on Energy and Natural Resources) and No. 
95-1327 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
June 5, considered and passed House. 
Oct. 9, considered and passed Senate, amended. 
Oct. 15, House and Senate agreed to conference report.