---
kind: "section"
citation: "16 U.S.C. § 1134"
title: "16"
title_heading: "Conservation"
number: "1134"
heading: "State and private lands within wilderness areas"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1134"
units:
  - "Chapter 23 — National Wilderness Preservation System"
---

# §1134. State and private lands within wilderness areas

- (a) **Access; exchange of lands; mineral interests restriction—** In any case where [State](/usc/16/590q.md?p=a)-owned or privately owned land is completely surrounded by national [forest lands](/usc/16/544.md?p=f) within [areas](/usc/16/539m–1.md?p=1-A) designated by this chapter as [wilderness](/usc/16/3102.md?p=13), such [State](/usc/16/590q.md?p=a) or private [owner](/usc/16/429b–3.md?p=4) shall be given such rights as may be necessary to assure adequate access to such [State](/usc/16/590q.md?p=a)-owned or privately owned land by such [State](/usc/16/590q.md?p=a) or private [owner](/usc/16/429b–3.md?p=4) and their successors in interest, or the [State](/usc/16/590q.md?p=a)-owned land or privately owned land shall be exchanged for federally owned land in the same [State](/usc/16/590q.md?p=a) of approximately equal value under authorities available to the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture: Provided, however, That the United States shall not transfer to a [State](/usc/16/590q.md?p=a) or private [owner](/usc/16/429b–3.md?p=4) any mineral interests unless the [State](/usc/16/590q.md?p=a) or private [owner](/usc/16/429b–3.md?p=4) relinquishes or causes to be relinquished to the United States the mineral interest in the surrounded land.
- (b) **Customary means for ingress and egress to wilderness areas subject to mining claims or other occupancies—** In any case where valid mining claims or other valid occupancies are wholly within a designated national forest [wilderness](/usc/16/3102.md?p=13) [area](/usc/16/539m–1.md?p=1-A), the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture shall, by reasonable regulations consistent with the preservation of the [area](/usc/16/539m–1.md?p=1-A) as [wilderness](/usc/16/3102.md?p=13), permit ingress and egress to such surrounded [areas](/usc/16/539m–1.md?p=1-A) by means which have been or are being customarily enjoyed with respect to other such [areas](/usc/16/539m–1.md?p=1-A) similarly situated.
- (c) **Acquisition of lands—** Subject to the appropriation of funds by Congress, the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture is authorized to [acquire](/usc/16/620e.md?p=1) privately owned land within the perimeter of any [area](/usc/16/539m–1.md?p=1-A) designated by this chapter as [wilderness](/usc/16/3102.md?p=13) if (1) the [owner](/usc/16/429b–3.md?p=4) concurs in such [acquisition](/usc/16/620e.md?p=1) or (2) the [acquisition](/usc/16/620e.md?p=1) is specifically authorized by Congress.

## Source credit

(Pub. L. 88–577, § 5, Sept. 3, 1964, 78 Stat. 896.)

## Notes

### Executive Documents

### Transfer of Functions

Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with this chapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.