17.8.806    RESTRICTIONS ON AREA CLASSIFICATIONS

(1) All of the following areas are designated Class I areas and may not be redesignated:

(a) Bob Marshall Wilderness Area;

(b) Anaconda Pintler Wilderness Area;

(c) Cabinet Mountains Wilderness Area;

(d) Gates of the Mountains Wilderness Area;

(e) Glacier National Park;

(f) Medicine Lake Wilderness Area;

(g) Mission Mountains Wilderness Area;

(h) Red Rock Lake Wilderness Area;

(i) Scapegoat Wilderness Area;

(j) Selway-Bitterroot Wilderness Area;

(k) UL Bend Wilderness Area; and

(l) Yellowstone National Park.

(2) Areas which were redesignated as Class I under regulations promulgated before August 7, 1977, shall remain Class I, but may be redesignated as provided in this subchapter.

(3) The extent of the areas designated as Class I under (1) and (2) shall conform to any changes in the boundaries of such areas which have occurred subsequent to August 7, 1977, or which may occur subsequent to November 15, 1990.

(4) Any other area, unless otherwise specified in the legislation creating such an area, is initially designated Class II, but may be redesignated as provided in this subchapter.

(5) The following areas may be redesignated only as Class I or II:

(a) an area which, as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore; and

(b) a national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size.

(6) The following three areas have been designated as Class I by EPA and may be redesignated to another class only by EPA:

(a) Northern Cheyenne Reservation;

(b) Flathead Reservation; and

(c) Fort Peck Reservation.

History: 75-2-111, 75-2-203, MCA; IMP, 75-2-202, 75-2-203, 75-2-204, MCA; NEW, 1993 MAR p. 2919, Eff. 12/10/93; TRANS, from DHES, 1996 MAR p. 2285.