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The original documents are located in Box 66, folder "10/19/76 S1026 Omnibus Wilderness Designations" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. Digitized from Box 66 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library 8/0/19/76 APPROVED 19 ACTION THE WHITE HOUSE WASHINGTON Last Day: October 19 October 17, 1976 MEMORANDUM FOR THE PRESIDENT Posted FROM: JIM CANNON D Brern SUBJECT: S. 1026 - Omnibus Wilderness Designations Attached for your consideration is S. 1026, sponsored by Senator Jackson. The enrolled bill would designate as components of the National Wilderness Preservation System: -- 16 areas within the Interior/National Wildlife Refuge System comprising approximately 155,156 acres located in 11 States; -- Three areas within the Agriculture/National Forest System comprising approximately 232,415 acres in three States. In addition, the enrolled bill would designate eight wilderness study areas encompassing approximately 587,364 acres of national forest lands in three States for possible future designation as wilderness areas. A detailed explanation of the provisions of the enrolled bill is provided in OMB's enrolled bill report at Tab A. Agency Recommendations The Department of the Interior recommends approval of the enrolled bill. Of the 16 wilderness areas which would be established in national wildlife refuges, 10 are identical to Executive Branch recommendations, while the remaining six areas would be expanded from the Administration's original proposals, comprising 45,000 acres, to a total of 61,000 acres. Interior has reviewed the additional acreage and has no objection to its inclusion. The Department of Agriculture recommends disapproval of the enrolled bill because: Of the three national forest areas which S. 1026 would designate as wilderness, only one of them has been adequately studied. (the Fitzpatrick Wilderness) 2 -- One of the two "instant" wildernesses, the Kaiser Wilderness in the Sierra National Forest, has been reviewed for wilderness values and the Department has determined that the 22,500-acre Kaiser area should be managed for a broader range of resource uses--including timber harvesting--than would be possible under wilderness designation. -- The hodgepodge of wilderness study areas created and the time deadline for studies, would disrupt and delay the systematic efforts of the Department to complete studies of 274 areas totaling 12.3 million acres now under review for wilderness potential as a result of the Department's comprehensive survey of roadless areas in the national forests. OMB recommends approval of the enrolled bill. They also point out that you should be aware of a provision in a National Park System omnibus enrolled bill, H.R. 13160, which would remove the so-called "Whiskey Mountain" wilderness area from the Fitzpatrick Wilderness that would be designated under S. 1026. OMB states: "Although the Congressional intent with respect to these two conflicting provisions is unclear, the effect of the provision in H.R. 13160, if that enrolled bill ? is signed after S. 1026, would be to eliminate at least part of the objectionable wilderness designation in S. 1026. In this regard, if you decide to approve both bills, Agriculture strongly recommends that S. 1026 be approved at least one day before you approve H.R. 13160. " Staff Recommendations Max Friedersdorf, Counsel's Office (Lazarus) and I recommend approval of S. 1026. Recommendation That you sign S. 1026 at Tab B. CALIFORNIA OFFICE we The RESIDENT STATES UNITED EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 OCT 13 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill S. 1026 - Omnibus wilderness designations Sponsor - Sen. Jackson (D) Washington Last Day for Action October 19, 1976 - Tuesday Purpose Designates 19 wilderness areas encompassing some 387,571 acres in 13 States and establishes eight wilderness study areas encompassing approximately 587,364 acres in three of these States. Agency Recommendations Office of Management and Budget Approval Department of the Interior Approval Council on Environmental Quality Approval Department of Defense No objection Federal Power Commission No objection Department of Commerce No objection Department of Transportation No objection Department of Agriculture Disapproval (Memoran- dum of Disapproval attached) Discussion Under the Wilderness Act, Agriculture and Interior are required to make recommendations to the President for additions to the National Wilderness Preservation System, and the President is required to submit these, along with his own recommendations, to the Congress. To qualify for wilderness designation, an area must generally 2 be undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to pre- serve its natural conditions. S. 1026 would designate as components of the National Wilderness Preservation System: (a) 16 areas within the Interior/National Wildlife Refuge System comprising approx- imately 155,156 acres located in 11 States; and (b) three areas within the Agriculture/National Forest System com- prising approximately 232,415 acres in three States. Each of these wilderness areas would be administered under the provisions of the Wilderness Act, which means its primitive, natural condition would be preserved. In addition, the bill would designate eight wilderness study areas encompassing approximately 587,364 acres of national forest lands in three States for possible future designation as wilderness areas. The bill specifies that the first of these studies would have to be completed within 19 months, with three other studies scheduled for completion at the end of 2 years and the remaining four studies to be completed in 5 years. Of the 19 areas encompassing 387,571 acres which S. 1026 would designate as wilderness, 17 are related to specific Administration proposals to designate 321,691 acres as wilderness. Attached to this memorandum is a list of the areas and location of lands which would be affected by S. 1026. In its enrolled bill letter, the Department of Agriculture urges your disapproval of S. 1026. Agriculture's primary concern is that of the three national forest areas which S. 1026 would designate as wilderness, only one of them (the proposed Fitzpatrick Wilderness in the Shoshone National Forest) has been adequately studied. Agriculture is fundamentally opposed to the "instant" wilderness designation of the other two areas without a prior wilder- ness study, minerals survey, and public involvement as prescribed in the Wilderness Act of 1964. Agriculture also points out that one of these two "instant" wilder- nesses which S. 1026 would create, the proposed Kaiser Wilderness in the Sierra National Forest, has been reviewed 3 for wilderness values and the Department has determined that the 22,500-acre Kaiser area should be managed for a broader range of resource uses -- including timber harvesting -- than would be possible under wilderness designation. Furthermore, Agriculture's letter expresses substantial concern with the piecemeal approach to designating wilder- ness study areas which S. 1026 would effect. Agriculture states that the hodgepodge of wilderness study areas which S. 1026 would establish, and the time deadline for studies, would disrupt and delay the systematic efforts of the Department to complete studies of 274 areas totaling 12.3 million acres now under review for wilderness potential as a result of the Department's comprehensive survey of roadless areas in the national forests. The Department of the Interior, taking the opposite view in its attached enrolled bill letter, recommends that you approve S. 1026. Interior points out that all 16 wilderness areas which would be established in national wildlife refuges were recommended by the Administration. Ten of these areas are identical to Executive Branch recom- mendations, while the remaining six areas would be expanded from the Administration's original proposals, comprising 45,000 acres, to a total of approximately 61,000 acres. Interior notes that it has reviewed the additional acreage in each refuge and has no opposition to the inc lusion of these areas in wilderness status. Finally, Interior notes that it is aware of Agriculture's concerns regarding the instant wildernesses, and then concludes that: " While we agree that Congressional action establishing wilderness areas without having mineral surveys is an unfortunate precedent, we do not believe that it is an adequate basis for vetoing this enrolled bill." Conclusion While we share Agriculture's basic concerns with respect to the "instant" wilderness designation of Forest Service lands and the requirement for additional wilderness studies, on balance, we join Interior in recommending approval. 4 On a relative basis, the proportion of additional wilder- ness acreage that the enrolled bill would add to the Executive Branch recommendations is significantly less than the wilderness additions that Congress has made to four bills which you have approved since November of last year. In addition, while the requirement to study eight national forest areas for their wilderness potential will present the Forest Service with certain administrative problems, we do not anticipate this provision as having a major impact on Forest Service activities. Finally, if you decide to approve S. 1026 as we are recom- mending, you should be aware of a provision in a National Park System omnibus wilderness enrolled bill, H.R. 13160, which would remove the so-called "Whiskey Mountain" wilder- ness area (6,497 acres) from the Fitzpatrick Wilderness that would be designated under S. 1026. Although the congressional intent with respect to these two conflict- ing provisions is unclear, the effect of the provision in H.R. 13160, if that enrolled bill is signed after S. 1026, would be to eliminate at least part of the objec- tionable wilderness designation in S. 1026. In this regard, if you decide to approve both bills, Agriculture strongly recommends that S. 1026 be approved at least one day before you approve H.R. 13160. We expect to forward H.R. 13160 to the White House, with a recommendation for approval, by October 14, 1976. Jan Lynn L.Lg Director Enclosures Interior: National Wildlife Refuge Designated Wilderness Areas Acreage Acreage State Wilderness Enacted Proposed Alaska Simenof 25,141 25,141 Arkansas Big Lake 2,600 1,118 Florida Chassahowitzka 23,360 16,900 Florida J.N. "Ding" Darling 2,825 2,735 Florida Lake Woodruff 1,146 1,146 Illinois Crab Orchard 4,050 4,050 Louisiana Lacassine 3,300 2,854 Minnesota Agassiz 4,000 4,000 Minnesota Tamarac 2,138 2,138 Missouri Mingo 8,000 1,700 Montana Red Rock Lakes 32,350 32,350 Montana Medicine Lake 11,366 11,366 Montana UL Bend 20,890 19,693 Nebraska Fort Niobara 4,635 4,635 North Carolina Swanquarter 9,000 9,000 Washington San Juan 355 355 Subtotal 155,156 139,181 Agriculture: National Forest Designated Wilderness Areas Acreage Acreage State Wilderness Enacted Proposed California Kaiser 22,500 None Missouri Hercules-Glades 12,315 None Wyoming Fitzpatrick 197,600 182,510 Subtotal 232,415 182,510 Acreage Study State Wilderness Study Area Enacted Time California Sheep Mountain 52,000 2 Years California Snow Mountain 37,000 2 Years Missouri Bell Mountain 8,530 5 Years Missouri Paddy Creek 6,888 5 Years Missouri Piney Creek 8,430 5 Years Missouri Rockpile Mountain 4,170 5 Years Montana Great Bear 393,000 19 Months Montana Elkhorn 77,346 2 Years Subtotal 587,364 OF DIAMORTATION THE SECRETARY OF TRANSPORTATION WASHINGTON, D.C. 20590 UNITED STATES OF AMERICA OCT 5 1976 Honorable James T. Lynn Director Office of Management and Budget Washington, D. C. 20503 Dear Mr. Lynn: This is in response to your request for this Department's comments on enrolled bill S. 1026, "To designate certain lands as wilderness, and for other purposes." This enrolled bill would designate as wilderness, in accordance with appropriate sections of the Wilderness Act (78 Stat. 892) certain lands located in 16 National Wildlife Refuges and two National Forests. It also directs that studies pursuant to the Wilderness Act be undertaken for eight additional areas located within National Forests. The Secretaries of Agriculture and of the Interior have responsibility for implementation of the enrolled bill. In commenting on draft proposals to designate certain of these areas as wilderness, the Department of Transportation noted that within this Department the U. S. Coast Guard has authority and responsibility under Titles 14 and 33, U.S. Code, to establish, operate, and maintain aids to navigation and vessel traffic control systems to ensure the safe conduct of maritime commerce and to protect life and property on or near the navigable waters of the United States. We also noted that the Federal Aviation Administration has similar responsibility with respect to air commerce. We requested that certain language be added to the proposed legislation to assure that there would be no conflict between the wilderness proposals and the responsibilities of this Department. The proposed language would have provided as follows: "Nothing in this Act shall be construed to diminish the authority of the Coast Guard, pursuant to 14 U.S.C. 2 and 81 and Title I of the Ports and Waterways Safety Act of 1972 (33 U.S.C. 1221), or of the Federal Aviation Administration, to use the area designated wilderness by this Act for navigational aid and maritime and aviation safety purposes. In the case of such use involving unmanned devices, the consent of the Secretary of the Interior to the use shall not be required." 2 The requested additional language has not been inserted in the enrolled bill. However, the Department believes that it has sufficient authority under existing statutes to maintain necessary aids to air and maritime commerce. Further, the Secretaries of Agriculture and of the Interior have cooperated fully with our efforts to maintain such facilities in the past and the conflicts which are theoretically possible have not arisen in practice. Nonetheless, we would continue to request that in future legislative proposals establishing wilderness areas, the above cited language be included. In view of the significant impact of the bill on the Departments of Agriculture and of the Interior, we defer to their recommendations concerning approval or disapproval. With respect to the bill's described effect on this Department's programs, we have no objection to the signing of this bill by the President. Sincerely, Evilliam J.Wemen I William T. Coleman, Jr. DEPARTMENT OF COMMERCE GENERAL COUNSEL OF THE UNITED STATES DEPARTMENT OF COMMERCE UNITED STATES OF AMERICA Washington, D.C. 20230 OCT 6 1976 Honorable James T. Lynn Director, Office of Management and Budget Washington, D. C. 20503 Attention: Assistant Director for Legislative Reference Dear Mr. Lynn: This is in reply to your request for the views of this Department concerning S. 1026, an enrolled enactment "To designate certain lands as wilderness. " S. 1026 would designate some 19 areas in 13 states as components of the National Wilderness Preservation System in accordance with the Wilderness Act of 1964 (16 U.S.C. 1131, et. seq. ). Approximately 155, 000 acres would be designated as wilderness from the National Wildlife Refuge System, in accordance with section 3(c) of the Act, and approximately 232, 000 acres would be designated as wilderness from within the National Forest System, in accordance with section 3(b) of the Act. In addition, some 587, 000 acres would be designated, from the National Forest System, as proposed wilderness study areas. The Department of Commerce interposes no objection to approval by the President of S. 1026. Enactment of this legislation would not involve any additional expenditure of funds by this Department. 252 REVOLUTION AMERICAN BICENTENNIAL 1776-1976 R 0 EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY 722 JACKSON PLACE, N. W. WASHINGTON, D. C. 20006 OCT 6 1976 MEMORANDUM FOR JAMES M. FREY OFFICE OF MANAGEMENT AND BUDGET ATTN: MS. RAMSEY SUBJECT: Enrolled Bill, S. 1026, "Designation of Wilderness Areas within the National Wildlife Refuge System." S. 1026 establishes 16 new wilderness areas within the National Wildlife Refuge System and three new wilderness areas within the National Forest System. Additionally, eight areas are designated as study areas within the National Forest System. Of the 27 areas covered by the bill there are only two where potential resource conflicts exist. In one of those areas, the Kaiser area in Sierra National Forest, California, a compromise was reached which excluded an area with a pending timber sale from the wilderness boundaries. In view of the fact that the bill largely parallels the Administration wilderness proposals, the Council on Environ- mental Quality strongly recommends that the President sign this bill into law. OF OFFINSE GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE WASHINGTON, D. C. 20301 IMED OF THE 6 October 1976 Honorable James T. Lynn Director, Office of Management and Budget Washington, D.C. 20503 Dear Mr. Lynn: Reference is made to your request to the Secretary of Defense for the views of the Department of Defense with respect to S. 1026, 94th Congress, an enrolled bill, "To designate certain lands as wilderness." The bill as enacted would (1) designate 16 National Wildlife Refuges as wilderness under the National Wilderness Preservation System; (2) re- designate 3 units of the National Forest System as components of the National Wilderness Preservation System; and (3) require the Secretary of Agriculture to study the feasibility of establishing 8 other units of the National Forest System as additions to the National Wilderness Preservation System. The Department of the Army has noted that certain of the newly-designated wilderness areas could affect Congressionally-authorized activities of the Army Corps of Engineers. The primary Corps activities are on-going or potentially active in or near Lacassine National Wildlife Refuge, Louisiana; Swannquarter National Wildlife Refuge, North Carolina; Big Lake National Wildlife Refuge, Arkansas; and UL Bend National Wildlife Refuge, Montana. The Department of the Army assumes that the designation of all the wilderness areas subject to this enrolled enactment will not interfere with these Congressionally-authorized activities. The Department of Defense interposes no objection to the signing of this bill by the President. Sincerely, Richard A. a. Wiley ORGANIC STATES DEPARTMENTOF GREELTURE DEPARTMENT OF AGRICULTURE OFFICE OF THE SECRETARY WASHINGTON, D. C. 20250 October 7, 1976 Honorable James T. Lynn Director, Office of Management and Budget Dear Mr. Lynn: As requested by your office, here is our report on S. 1026, an enrolled enactment "To designate certain lands as wilderness." The Department of Agriculture recommends that the President not approve the enactment. Section 1 of S. 1026 would designate 16 wildernesses, totaling 155,156 acres within National Wildlife Refuges administered by the Secretary of the Interior. Section 2 would designate three wildernesses, totaling 232,415 acres within the National Forest System. Section 3(b) would designate eight wilderness study areas, totaling 587,364 acres within the National Forest System. S. 1026 contains both acceptable and unacceptable provisions. Our comments about each of the affected National Forest areas are summarized in the enclosed supplemental statement. Apart from the issues surrounding individual areas, however, we believe S. 1026 contains two features that threaten the integrity of the Wilderness System and the ability of the National Forest System to provide multiple products and services for everyone. First, we are fundamentally opposed to the "instant" designation of wilderness without a wilderness study, a minerals survey, and public involvement, as would occur under sections 2(b) (1) and (b) (2) of S. 1026. Wilderness is a long-term (probably permanent) land allocation that should be made only with the best available resource information and with adequate opportunities for public comment and for the comments to be carefully considered. Although certain National Forest areas became "instant" wilderness with enactment of the 1964 Wilderness Act, those areas were administratively designated for wilderness-type management long before passage of the 1964 Act. We firmly believe the public review procedures in the Wilderness Act and the National Environmental Policy Act should be followed before any National Forest areas are pro- posed for wilderness designation. Problems that arose in the administra- tion of certain "instant" wildernesses designated by the 1975 Eastern Wilderness Act (P.L. 93-622) clearly demonstrate that the public, the executive branch, and the Congress are ill served when wildernesses are Honorable James T. Lynn 2 designated without complete resource information and without recorded public involvement at the local and State levels. In one case (Bristol Cliffs Wilderness, Vermont) local residents successfully forced the passage of remedial legislation to alter the wilderness boundaries less than a year and a half after enactment of the 1975 Eastern Wilderness Act. Second, the designation of National Forest wilderness study areas in section 3 of S. 1026 represents an undesirable piecemeal approach that lacks an overall view of its consequences. Our 1973 selection of 274 National Forest wilderness study areas, totaling 12.3 million acres, resulted from a comprehensive inventory and review of National Forest roadless areas. We are in the process of studying each of these areas and making recommendations to the Congress. The study process includes a minerals survey and public hearings on each area. In addition, other wilderness study areas are being identified as we complete new land management plans throughout the National Forest System. We believe the wilderness study areas selected through the roadless area review and through land management planning are the most likely candidates for addition to the Wilderness System, and most importantly, they are selected in a multiple use management context that takes into account other re- source potential and public needs. In our opinion, section 3 contains a hodgepodge of wilderness study areas that reflects pressures during the closing days of the 94th Congress more than reasoned land management decisionmaking. As mentioned earlier, S. 1026 would affect both the National Wildlife Refuge System (section 1) and the National Forest System (sections 2 and 3). We recognize that section 1 of S. 1026 contains several Administration wilderness proposals. However, we believe the problems outlined in this letter and the accompanying supplemental statement with regard to the National Forest System are so serious as to merit the President withholding his approval of S. 1026. Section 1 could be reenacted as a separate act early in the 95th Congress, and the Admin- istration would have another opportunity to seek any desirable perfecting amendments. In the meantime, the wilderness characteristics of the areas proposed by the Administration for wilderness designation would continue to be protected. A draft Presidential message is enclosed for your consideration. Sincerely, John A. I. Knebel Acting Secretary Enclosures USDA SUPPLEMENTAL STATEMENT ON THE ENROLLED ENACTMENT S. 1026 Section 2 of S. 1026 would designate three National Forest areas, totaling 232,415 acres, as wilderness. Section 3(b) would designate eight National Forest areas, totaling 587,364 acres, for wilderness study. NATIONAL FOREST AREAS DESIGNATED AS WILDERNESS Fitzpatrick (Glacier) Wilderness, Wyoming Section 2(a) of S. 1026 would designate about 197,600 acres in the Shoshone National Forest as the Fitzpatrick Wilderness. Tom Fitzpatrick was a noted mountainman, fur trader, guide, and partner of Jim Bridger after whom the nearby Bridger wilderness is named. We would have no objection to memorializing Tom Fitzpatrick by designating our proposed wilderness as the Fitzpatrick Wilderness. The Fitzpatrick Wilderness would include the 182,510 acres proposed by the Administration for designation as the Glacier Wilderness as well as 15,090 acres of contiguous land on the north. Designation of the additional areas would include lands not suitable for wilderness designation and weaken manageability of the wilderness boundary. Most importantly, designation of the 6,500-acre Whiskey Mountain area would preempt the use of motorized vehicles for the removal of bighorn sheep. The Whiskey Mountain area is a major wintering area for the largest herd of bighorn sheep in the contiguous 48 States, and the sheep population has grown to the point that the area cannot indefinitely support the herd at its present size. The bighorn sheep trapping and restocking program, conducted on nearby areas by the Forest Service and the Wyoming Game and Fish Commission, should be extended to include the Whiskey Mountain area. This will not be possible if the President approves S. 1026. Kaiser Wilderness, California Section 2(b) (1) of S. 1026 would designate about 22,500 acres in the Sierra National Forest as wilderness. Planned timber sales and other management activities in the Kaiser area have been debated and delayed for many years. We have reviewed the wilderness values and other resource values of the Kaiser area; we have obtained public input on management alternatives; and we have concluded that the area should be managed for a broader range of resource uses than would be possible under wilderness designation. 2 We estimate that about $500,000 has been spent for timber inventories, for timber sale preparation, and for the development and processing of two environmental statements on planned timber sales within the Kaiser area. Although the Aspen-Horsethief timber sale area would not be designated as wilderness, the Home Camp and Line Creek timber sale areas would be so designated. Thus, the planned initial harvest of 23.4 million board feet from the Aspen-Horsethief area would continue to be available, but the planned initial harvest of 62 million board feet from the Home Camp and Line Creek areas would not be available. Repeated deferrals of timber sales in the Kaiser area have made it necessary in recent years to harvest timber from other more available and more accessible areas in order to maintain the Sierra National Forest timber harvesting program at a planned level of about 150 million board feet. In fiscal year 1976, the Forest Service again made all possible program adjustments, and 123 million board feet were sold. It will not be possible, in the short run, to maintain the Forest's current annual harvest level if the President approves S. 1026. Delays in proceeding with planned management activities and pressures for wilderness designation in the Kaiser area have come primarily from some residents of the adjacent Huntington Lake area. Many of these people reside on National Forest land under Forest Service permits. They tend to view the Kaiser area in a personal, possessory way, and despite numerous Forest Service assurances and requirements to protect scenic and recreational values, many Huntington Lake residents are adamantly opposed to any timber harvesting in the Kaiser area. Almost one-quarter of the Sierra National Forest is already designated as wilderness, and about 2.3 million acres of Federal land within the Sierra Nevada of central California are within the National Wilderness Preservation System or the National Park System. Although the planned timber sales in the Kaiser area have been the subject of much review and discussion, a formal wilderness study and a minerals survey have not been conducted. Therefore, designation of a Kaiser Wilderness at this time would occur without the benefit of complete resource information. Hercules-Glades Wilderness, Missouri Section 2(b) (2) of S. 1026 would designate about 12,315 acres in the Mark Twain National Forest as wilderness, although no study has been conducted to determine the area's suitability or nonsuitability for preservation as wilderness. The Department of the Interior has not conducted a minerals survey. No public hearings have been held in the vicinity of the affected land, and no wilderness proposal has been reviewed by the public and governmental agencies. Problems that arose 3 in the administration of certain "instant" wildernesses designated by the Eastern Wilderness Act (P.L. 93-622) clearly demonstrate it is unwise to bypass the review procedures in section 3(d) of the 1964 Wilderness Act. Lacking complete resource information and recorded public involvement at the local and State levels, administrative problems are likely as local people become aware of the full impact of wilderness designation, if the President approves S. 1026. NATIONAL FOREST AREAS DESIGNATED FOR WILDERNESS STUDY Sheep Mountain, California Section 3(b) (1) of S. 1026 would designate about 52,000 acres in the Angeles and San Bernardino National Forests for wilderness study. The President's recommendation to the Congress would be required within 2 years of enactment. The area includes the 31,680-acre Sheep Mountain Wilderness Study Area selected during the Forest Service roadless area review (RARE) in 1973. We believe the National Forest land management planning process now underway in the Sheep Mountain area should continue without the congressional designation of a 52,000-acre wilderness study area. Snow Mountain, California Section 3(b) (2) of S. 1026 would designate about 37,000 acres in the Mendocino National Forest for wilderness study. The President's recommendation to the Congress would be required within 2 years of enactment. The Forest Service examined the wilderness values and other resource values of the Snow Mountain area during two previous studies, and we have concluded that the area should be managed to serve a broader range of resource uses than would be possible under wilderness designation. Much of the area would continue to be managed as an undeveloped, unroaded scenic area without S. 1026. If the President approves S. 1026, an unnecessary and possibly unproductive third study would be required. Bell Mountain, Paddy Creek, Piney Creek and Rockpile Mountain, Missouri Sections 3(b) (3), 3(b) (4), 3(b) (5), and 3(b) (6) of S. 1026 would respectively designate an 8,530-acre Bell Mountain Wilderness Study Area, a 6,888-acre Paddy Creek Wilderness Study Area, an 8,430-acre Piney Creek Wilderness Study Area, and a 4,170-acre Rockpile Mountain Wilderness Study Area, all within the Mark Twain National Forest. Although we recommended some minor boundary adjustments, we have no serious objections to the designation of these four areas for wilderness study. However, we do object to three features of S. 1026 that are inconsistent with the Eastern Wilderness Act (P.L. 93-622) which applies to National Forest areas east of the 100th meridian, including those in Missouri. 4 1. Section 4(d) of the Eastern Wilderness Act clarifies the authority of the Secretary of Agriculture to carry out multiple-use sustained-yield programs within areas not designated for wilderness study. However, section 3(c) of S. 1026 clouds the status of areas adjacent to the study areas which the enactment would designate. 2. Section 4(d) of the Eastern Wilderness Act established 10 years as the standard eastern wilderness study period. Sections 3(b) (3), (4), 3(b)(5), and 3(b)(6) of S. 1026 would require that the studies be completed in 5 years. 3. Section 7 of the Eastern Wilderness Act authorizes the transfer of Federal lands within eastern wilderness study areas to the Secretary of Agriculture. S. 1026 does not contain this useful provision. We believe the Eastern Wilderness Act established useful principles and procedures that should be applied to all wilderness study areas within the eastern National Forests. Despite our recommendations, S. 1026 contains provisions which are inconsistent with the Eastern Wilderness Act. Great Bear, Montana Section 3(b) (7) of S. 1026 would designate about 393,000 acres in the Flathead and Lewis and Clark National Forests for wilderness study. We believe this study designation would largely duplicate completed and planned administrative actions, because 367,700 acres of the Great Bear area was selected for wilderness study in 1973 during the Forest Service roadless area review (RARE). Originally, the Great Bear legislation included 20,000 acres of land under the Blackfeet Treaty Rights Agreement of 1895. We recommended exclusion of the treaty area to avoid possible conflicts between provisions of the treaty and protection of existing wilderness characteristics during the study. S. 1026 would not include the treaty area. Although the 19-month study period is only slightly more than half of the 3-year period we would prefer, it is an improvement over the 1-year period that would have been provided in the Senate act (S. 392). Elkhorn Mountain, Montana Section 3(b) (8) of S. 1026 would designate about 77,436 acres within the Deer Lodge and Helena National Forests for wilderness study. The President's recommendation to the Congress would be required within 2 years of enactment. The Elkhorn area was inventoried during the 1972-73 Forest Service roadless area review, but it was not selected 5 for wilderness study. About two-thirds of the S. 1026 Elkhorn Wilderness Study Area is within the Elkhorn Planning Unit for which we filed a final environmental statement and management plan on June 16, 1976. The plan has not been implemented, because it is the subject of an administrative appeal. The Elkhorn wilderness study was added to S. 1026 on the House floor. Although Congressman Melcher held a hearing on the Elkhorn Unit Plan in Helena, Montana, on September 6, the specific wilderness study proposal embodied in S. 1026 was not the subject of hearings in the House. The Elkhorn study was one of ten studies included in S. 393 ("The Montana Wilderness Study Act of 1976") as passed by the Senate on August 23, 1976. Section 3(b) (8) represents an undesirable piecemeal approach to the selection of wilderness study areas without full consideration of resource information and consequences. Furthermore, there is no immediate need to designate the Elkhorn Wilderness Study Area, because we have already assured Congressman Melcher that we will not take any action that would affect existing wilderness characteristics for at least 90 days after the beginning of the 95th Congress. This will give the Congress ample time to judge the priority of the Elkhorn issue and to make a considered judgment. SUMMARY OF NATIONAL FOREST AREAS DESIGNATED BY S. 1026 S. 1026 National Type of Section Area Forest(s) State Acreage Designation 2(a) Fitzpatrick Shoshone Wyoming 197,600 Wilderness 2(b) (1) Kaiser Sierra California 22,500 Wilderness 2(b) (2) Hercules- Mark Twain Missouri 12,315 Wilderness Glades 3(b) (1) Sheep Mtn. Angeles and California 52,000 Wilderness San Bernardino Study (2 yrs) 3(b)(2) Snow Mtn. Mendocino California 37,000 Wilderness Study (2 yrs) 3(b)(3) Bell Mtn. Mark Twain Missouri 8,530 Wilderness Study (5 yrs) 3(b) (4) Paddy Creek Mark Twain Missouri 6,888 Wilderness Study (5 yrs) 3(b)(5) Piney Creek Mark Twain Missouri 8,430 Wilderness Study (5 yrs) 3(b) (6) Rockpile Mtn. Mark Twain Missouri 4,170 Wilderness Study (5 yrs) 3(b)(7) Great Bear Flathead and Montana 393,000 Wilderness Lewis and Clark Study (19 mos) 3(b) (8) Elkhorn Mtn. Deerlodge and Montana 77,346 Wilderness Helena Study (2 yrs) Total area designated as wilderness 232,415 acres Total area designated for wilderness study 587,364 acres FEDERAL POWER COMMISSION WASHINGTON, D.C. 20426 S. 1026 - 94th Congress Enrolled Bill OCT 8 1976 Honorable James T. Lynn Director, Office of Management and Budget Executive Office of the President Washington, D. C. 20503 Attention: Miss Martha Ramsey Legislative Reference Division Room 7201 New Executive Office Building Dear Mr. Lynn: This letter is in response to Mr. Frey's S. 1026, Enrolled Bill request of October 4, 1976, requesting the Commission's comments on the bill which designates nineteen specific wilderness areas within the National Wildlife Refuge System, and delineates eight other areas as Wilderness Study Areas. Previously, the Federal Power Commission staff has reviewed seventeen of the areas proposed for designation to determine the effects of the recommended actions on matters affecting the Commission's responsibilities. Such responsibilities relate to the development of hydroelectric power and assurance of the reliability and adequacy of electric service under the Federal Power Act, and the construction and operation of natural gas pipelines under the Natural Gas Act. A current review by Commission staff indicates no substantial changes in our previous recommendations respecting these seventeen areas. However, no previous review has been made of the Simeonof, Alaska area or the Kaiser, California area, but we are not presently aware of any hydroelectric or natural gas interests involved. Due to the forty- eight hour deadline and the inadequacy of information, it is impossible to make a precise determination of the impact of these two proposals at this time. REVOLUTION AMERICAN BICENTENNIAL 1776-1976 Honorable James T. Lynn - 2 - With regard to the development of hydroelectric power and the adequacy of electric service, it was previously noted that the Fort Niobrara, Nebraska pro- posal may affect possible development of a small hydro- electric project of 5,400 kilowatts. The Commission reiterates this concern at this time. In the area of the production and distribution of natural gas, the staff reports no objection to the designation as wilderness of the areas described. Size of Summary of Summary of Wilderness Area in Acres Power Concerns Natural Gas Wilderness Previously from Previous Concerns from Area S. 1026 Proposed Review Previous Review Simeonof 25,141 - - - Big Lake 2,600 1,818 None None Chassahowitzka 23,360 16,900 None None J. N. "Ding" Darling 2,825 2,735 None None Lake Woodruff 1,146 1,106 None None Crab Orchard 4,050 4,050 None None Lacassine 3,300 3,296 None None Agassiz 4,000 4,000 None None Tamarac 2,138 2,138 None None Mingo 8,000 1,700 None None Red Rock Lakes 32,350 32,350 None None Medicine Lake 11,366 11,366 None None UL Bend 20,890 20,890 None None Fort Niobrara 4,635 4,635 Potential Hydro None Swanquarter 9,000 9,000 None None San Juan (Islands) 355 355 None None Fitzpatrick (Glacier) 197,600 190,720 None None Kaiser 22,500 - - - Hercules-Glades 12,315 16,400 None None Honorable James T. Lynn - 3 - At this time, the Federal Power Commission has no objection to the eight areas designated as Wilderness Study Areas, presuming that the Commission will be given the opportunity to review the completed wilderness studies. The Commission offers no objection to approval of the enrolled bill. Sincerely yours, Chairman it CERALE OF THE INTERIOR United States Department of the Interior OFFICE OF THE SECRETARY March 1849 WASHINGTON, D.C. 20240 3, OCT 8 - 1976 Dear Mr. Lynn: This responds to your request for the views of this Department on S. 1026, "To designate certain lands as wilderness." We recommend that the President approve the bill. S. 1026 would designate the following lands within the National Wildlife Refuge System as components of the National Wilderness Preservation System in accordance with subsection 3(c) of the Wilderness Act: (1) Simeonof National Wildlife Refuge, Alaska - approximately 25,141 acres; (2) Big Lake National Wildlife Refuge, Arkansas - approximately 2,600 acres; (3) Chassahowitzka National Wildlife Refuge, Florida - approximately 23,360 acres; (4) J.N. "Ding" Darling National Wildlife Refuge, Florida - approximately 2,825 acres; (5) Lake Woodruff National Wildlife Refuge, Florida - approximately 1,146 acres; (6) Crab Orchard National Wildlife Refuge, Illinois - approximately 4,050 acres; (7) Lacassine National Wildlife Refuge, Louisiana - approximately 3,300 acres; (8) Agassiz National Wildlife Refuge, Minnesota - approximately 4,000 acres; (9) Tamarac National Wildlife Refuge, Minnesota - approximately 2,138 acres; (10) Mingo National Wildlife Refuge, Missouri - approximately 8,000 acres; PMERICANN REVOLUTION WENTENNING 1776-1976 (11) Red Rocks Lakes National Wildlife Refuge, Montana - approximately 32,350 acres; (12) Medicine Lake National Wildlife Refuge, Montana - approximately 11,366 acres; (13) UL Bend National Wildlife Refuge, Montana - approximately 20,890 acres; (14) Fort Niobrara National Wildlife Refuge, Nebraska - approximately 4,635 acres; (15) Swanquarter National Wildlife Refuge, North Carolina - approximately 9,000 acres; (16) San Juan Islands National Wildlife Refuge, Washington - approximately 355 acres. Section 2 of S. 1026 would designate certain lands within the National Forest System as wilderness and also designate certain lands within the System as wilderness study areas. This Department is aware of the concern which the Department of Agriculture has expressed regarding the wilderness designations within Forest Service lands. We defer to the views of the Department of Agriculture as to the advisability of that section of the enrolled bill. We would also note that this Department expressed concern to the Congress about the bypassing of mineral surveys which are normally conducted before including an area in the Wilderness System. While we agree that Congressional action establishing wilderness areas without having mineral surveys is an unfortunate precendent, we do not believe that it is an adequate basis for vetoing this enrolled bill. However, we urge that the President acknowledge these concerns in any signing statement on enrolled bill S. 1026. With the exception of six of these 16 areas where the Congress has decided to include more acreage in wilderness than this Department recommended, S. 1026 is in basic accord with the recommendations of this Department's reports as transmitted to the Congress on these wildlife refuge areas. These increases in acreages are as follows: (1) Big Lake Refuge - increase from 1,118 to 2,600 acres; (2) Chassahowitzka Refuge - increase from 16,900 to 23,360 acres; (3) J.N. Darling Refuge - increase from 2,735 to 2,825 acres; (4) Lacassine Refuge - increase from 2,854 to 3,300 acres; (5) Mingo Refuge - increase from 1,700 to 8,000 acres; and (6) UL Bend Refuge - increase from 19,693 (and 1,197 of potential addition once land exchanges could be made) to 20,890 acres. The largest addition made to any of these areas was in the Mingo Refuge where the Congress included 2 all of a large lake in wilderness and two parcels of land south of this lake where water management techniques practiced by the Fish and Wildlife Service make it questionable whether this area meets wilderness criteria. This Department has reviewed this additional acreage in each refuge and has no objection to the inclusion of this new acreage in wilderness. Accordingly, we recommend that the President sign the enrolled bill. Sincerely yours, Acting Secretary of the Interior Honorable James T. Lynn Director, Office of Management and Budget Washington, D.C. 3 THE WHITE HOUSE WASHINGTON 11.13.76 TO. Tom Jones For Your Information: For Appropriate Handling: Tor your files. files. MR Robert D. Linder THE WHITE HOUSE WASHINGTON Bob Linder Would there be any reason that this could not be done. Jim Connor would like you to arrange. Trudy Fry 10/12/76 THE WHITE HOUSE WASHINGTON October 11, 1976 MEMORANDUM FOR: JIM CONNOR THRU: MAX FRIEDERSDORF m. G. FROM: BOB WOLTHUIS RKW SUBJECT: S.1026 - HR 13160 10/20 Attached is a letter from Senator Clifford Hansen (R-Wyo.) wherein he strongly requests that the President sign S. 1026 before he signs HR 13160. As Senator Hansen points out if they were to be signed in reverse order, an amendment he offered to HR 13160 might be negated. I note from our record that S. 1026 has been received and has a signing deadline of 10/19/76. I believe that HR 13160 has a deadline after that. We strongly support Senator Hansen's request. THE WHITE HOUSE WASHINGTON October 11, 1976 MEMORANDUM FOR: JIM CONNOR THRU: MAX FRIEDERSDORF w. G. FROM: BOB WOLTHUIS RKW SUBJECT: S.1026 - HR 13160 18/20 Attached is a letter from Senator Clifford Hansen (R-Wyo.) wherein he strongly requests that the President sign S. 1026 before he signs HR 13160. As Senator Hansen points out if they were to be signed in reverse order, an amendment he offered to HR 13160 might be negated. I note from our record that S. 1026 has been received and has a signing deadline of 10/19/76. I believe that HR 13160 has a deadline after that. We strongly support Senator Hansen's request. October 7, 1976 Dear Senator: Thank you for your letter of October 6, 1976, requesting that the President sign S.1026 prior to taking action on H.R.13160. I have referred your letter to the apprppriate White House staff office and you may be certain that your request will be given very careful attention. with best wishes, Sincerely, Joseph S. Jenckes V Special Assistant for Legislative Affairs The Nonorable Clifford P. Hansen United States Senate Washington, D. c. 20510 bcc:w/incoming to Bob Wolthuis for further action please JSJ:pd HENRY M. JACKSON, WASH., CHAIRMAN FRANK CHURCH, IDAHO PAUL J. FANNIN, ARIZ. LEE METCALF, MONT. CLIFFORD P. HANSEN, WYO. J. BENNETT JOHNSTON LA. MARK O. HATFIELD, OREG. JAMES ABOUREZK, S. DAK. JAMES A. MC CLURE, IDAHO FLOYD K. HASKELL, COLO. DEWEY F. BARTLETT, OKLA. JOHN GLENN, OHIO RICHARD STONE, FLA. United States Senate DALE BUMPERS, ARK. COMMITTEE ON GRENVILLE GARSIDE, SPECIAL COUNSEL AND STAFF DIRECTOR WILLIAM J. VAN NESS, CHIEF COUNSEL INTERIOR AND INSULAR AFFAIRS WASHINGTON, D.C. 20510 October 6, 1976 Mr. Joe Jenckes Congressional Liaison Office The White House Washington, D.C. Dear Joe: I respectfully ask that the President consider signing the following bills in sequence as shown for the following reasons. S. 1026, an omnibus wilderness bill establishes the Fitzpatrick Wilderness in Wyoming among others. It passed the Senate unamended (i.e. a proposed amendment of mine failed). I was successful in amending H.R. 13160, another omnibus wilderness bill which deletes a certain portion of the Fitzpatrick Wilderness established in S. 1026. If perchance H.R. 13160 were to be signed before S. 1026, my amendment may well be negated. I therefore request that the President sign S. 1026 first and sign H.R. 13160 after. Your usual efficient care and concern is always appreciated. Kind personal regards, Sincerel Cein Clifford P. Hansen U. S. S. CPH:tbw (DRAFT STATEMENT OF THE PRESIDENT REGARDING S. 1026) I regret that I must withhold my approval of S. 1026 "To designate certain lands as wilderness." The Departments of Agriculture and the Interior worked closely with the 94th Congress on numerous wilderness issues. The views of the administration regarding the areas that would be affected by S. 1026 were well known to the Congress. Unfortunately, the Congress sent me a last minute omnibus bill that contains a mixture of recommended provisions, acceptable provisions, and unacceptable provisions. Faced with a difficult choice, I believe the long term disadvantages of approving the unacceptable provisions outweigh the short term disadvantages of not approving the recom- mended and acceptable provisions. I especially regret that S. 1026 contains features that would reduce the quality of the Wilderness System and lessen the ability of the National Forest System to provide multiple products and services for everyone. S. 1026 would designate the Kaiser Wilderness, California, and the Hercules-Glades Wilderness, Missouri, without wilderness studies, without minerals surveys, and without public comments on specific wilderness proposals. While I firmly support the preservation of wilderness, I also recognize that wilderness designations are long term (probably permanent) land allocations that should be made only with the best available resource information and with adequate opportunities for public comment and for the comments to be carefully considered. I continue to believe that the Eastern Wilderness Act (P.L. 93-622) is a needed and effective law. However, experience gained in the administration of certain "instant" wildernesses designated by that Act demonstrates that the public review procedures in the Wilderness Act and the National Environ- mental Policy Act should be followed whenever possible before areas are 2 proposed for wilderness designation. I do not believe the long term public interest would be served by designating the Kaiser and Hercules- Glades Wildernesses without complete resource information and without recorded public comments at the local and State levels. The designation of National Forest wilderness study areas in S. 1026 represents an undesirable piecemeal approach that lacks an overall view of its consequences. In my judgment, S. 1026 contains a hodgepodge of wilderness study areas that reflects pressures during the closing days of the 94th Congress more than reasoned land management decisionmaking. S. 1026 does not adequately take into account studies that have already been completed and studies now underway or planned pursuant to congressional and administrative direction. With congressional cooperation, the administration proposals embodied in S. 1026 can be quickly reenacted and approved early next year. In the meantime, the wilderness characteristics of the areas proposed by the administration for wilderness designation will continue to be protected. THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: October 15 Time: noon FOR ACTION: George Humphreys on CC (for information): JackMMarsh Paul Leach defa Ed Schmults Max Friedersdorf on Steve McConahey Bobbie Kilberg an Robert Hartmann the FROM THE STAFF SECRETARY DUE: Date: Time: October 16 noon SUBJECT: S.1026-Omnibus wilderness designations ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks X REMARKS: please return to judy johnston, ground floor west wing / PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. telephone the Staff Secretary immediately. For the President Rec'd 10/15/76. 1:15pmsp THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: October 15 Time: noon FOR ACTION: George Humphreys CC (for information): Jack Marsh Paul Leach Ed Schmults Max Friedersdorf Bobbie Kilberg Steve McConahey Robert Hartmann FROM THE STAFF SECRETARY DUE: Date: Time:- October 16 noon SUBJECT: S.1026-Omnibus wilderness designations ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing 10/15 Copy sent for researching 10/15 Recearched copy returned. nm Recommend ref any mixd 42 PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon telephone the Staff Secretary immediately. For the President (DRAFT STATEMENT OF THE PRESIDENT REGARDING S. 1026) I regret that I must withhold my approval of S. 1026 "To designate certain lands as wilderness." The Departments of Agriculture and the Interior worked closely with the 94th Congress on numerous wilderness issues. The views of the administration regarding the areas that would be affected by S. 1026 were well known to the Congress. Unfortunately, the Congress sent me a last minute omnibus bill that contains a mixture of recommended provisions, acceptable provisions, and unacceptable provisions. Faced with a difficult choice, I believe the long term disadvantages of approving the unacceptable provisions outweigh the short term disadvantages of not approving the recom- mended and acceptable provisions. I especially regret that S. 1026 contains features that would reduce the quality of the Wilderness System and lessen the ability of the National Forest System to provide multiple products and services for everyone. S. 1026 would designate the Kaiser Wilderness, California, and the Hercules-Glades Wilderness, Missouri, without wilderness studies, without minerals surveys, and without public comments on specific wilderness proposals. While I firmly support the preservation of wilderness, I also recognize that wilderness designations are long term (probably permanent) land allocations that should be made only with the best available resource information and with adequate opportunities for public comment and for the comments to be carefully considered. I continue to believe that the Eastern Wilderness Act (P.L. 93-622) is a needed and effective law. However, experience gained in the administration of certain "instant" wildernesses designated by that Act demonstrates that the public review procedures in the Wilderness Act and the National Environ- mental Policy Act should be followed whenever possible before areas are 2 proposed for wilderness designation. I do not believe the long term public interest would be served by designating the Kaiser and Hercules- Glades Wildernesses without complete resource information and without recorded public comments at the local and State levels. The designation of National Forest wilderness study areas in S. 1026 represents an undesirable piecemeal approach that lacks an overall view of its consequences. In my judgment, S. 1026 contains a hodgepodge of wilderness study areas that reflects time pressures during the closing days rather 1 of the 94th Congress than reasoned land management decisionmaking. S. 1026 does not adequately take into account studies that have already been completed and studies now underway or planned pursuant to congressional and administrative direction. With congressional cooperation, the administration proposals embodied in S. 1026 can be quickly reenacted and approved early next year. In the meantime, the wilderness characteristics of the areas proposed by the administration for wilderness designation will continue to be protected. (DRAFT STATEMENT OF THE PRESIDENT REGARDING S. 1026) obfje I regret oh that I must withhold my approval of S. 1026 oh "To designate certain lands as wilderness." The Departments of Agriculture and the Interior worked closely with the 94th Congress on numerous wilderness issues. The views of the administration regarding the areas that would be affected by S. 1026 were well known to the Congress. Unfortunately, the Congress sent me a last minute omnibus bill that contains a mixture of recommended provisions, acceptable provisions, and unacceptable provisions. Faced with a difficult and choice, I believe the long term disadvantages of approving the unacceptable provisions outweigh the short term disadvantages of not approving the recom- mended and acceptable provisions. the ok backup Knebel I especially regret that S. 1026 contains features that would reduce the quality of the Wilderness System and lessen the ability of of the National Forest System to provide multiple products and oh services for everyone. S. 1026 Oh would designate the Kaiser Wilderness, of California, and the Attached Hercules-Glades Wilderness, Missouri, without wilderness studies, without minerals surveys, and without public comments on specific wilderness backup proposals. While I firmly support the preservation of wilderness, I also recognize that wilderness designations are long term (probably permanent) land allocations that should be made only with the best available resource information and with adequate opportunities for public procking comment and for the comments to be carefully considered. I continue to believe that the Eastern Of Wilderness Act (P.L. oh 93-622) is 1975 a needed and effective law. However, experience gained in the administration of certain "instant" wildernesses designated by that Act demonstrates that the public review procedures in the Wilderness Act and the National Environ- mental Policy Act should be followed whenever possible before areas are 2 proposed for wilderness designation. I do not believe the term public interest would be served by designating the Hercules- Glades Wildernesses without complete resource information and without recorded public comments at the local and State levels. The designation of National Forest wilderness study areas in S. 1026 represents an undesirable piecemeal approach Oh that lacks an overall view of its consequences. In my judgment, S. 1026 contains a hodgepodge of wilderness study areas that reflects pressures during the closing days of the 94th Congress more than reasoned land management decisionmaking. S. 1026 does not adequately take into account studies that have already been completed and studies now underway or planned pursuant to congressional and administrative direction. With congressional cooperation, the administration proposals embodied in S. 1026 can be quickly reenacted and approved early next year. In the meantime, the wilderness characteristics of the areas proposed by the administration for wilderness designation will continue to be protected. Rec'd 10/15/76- 1:15pm sp THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: October 15 Time: noon FOR ACTION: George Humphreys CC (for information): Jack Marsh Paul Leach Ed Schmults Max Friedersdorf Bobbie Kilberg Robert Hartmann FROM THE STAFF SECRETARY to 39's 15:35 10/15 prg.35 GAn Steve office McConahey DUE: Date: Time: to DJS October 16 noon 10/15/35 SUBJECT: GAM S.1026-Omnibus wilderness designations ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. IS you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon t elephone the Staff Secretary immediately. For the President THE WHITE HOUSE ACTION MEMORANDUM 1 WASHINGTON LOG NO.: Date: Time: October 15 200pm FOR ACTION: George Humphreys cc (for information): Jack Marsh Max Friedersdorf Ed Schmults Bobbie Kilberg Steve McConahey FROM THE STAFF SECRETARY DUE: Date: October 18 Time: 200pm SUBJECT: H.R. 13160-Omnibus Wilderness Designations ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing I Novel apparal PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. telephone the Staff Secretary immediataly THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: October 15 Time: noon FOR ACTION: George Humphreys CC (for information): Jack Marsh Paul Leach Ed Schmults Max Friedersdorf Bobbie Kilberg Steve McConahey Robert Hartmann FROM THE STAFF SECRETARY DUE: Date: Time:- October 16 noon SUBJECT: S.1026-Omnibus wilderness designations ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing No objection -- Ken Lazarus 10/15/76 PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon telephone the Staff Secretary immediately. For the President THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: October 15 Time: noon FOR ACTION: George Humphreys CC (for information): Jack Marsh Paul Leach w.b. Ed Schmults Max Friedersdorf Steve McConahey Bobbie Kilberg Robert Hartmann FROM THE STAFF SECRETARY DUE: Date: Time:- October 16 noon SUBJECT: S.1026-Omnibus wilderness designations ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing SIGN PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a I delay in submitting the required material, please James M. Cannon telephone the Staff Secreta y immediately. For the President THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: Date: October 15 Time: noon FOR ACTION: George Humphreys CC (for information): Jack Marsh Paul Leach Ed Schmults Max Friedersdorf Steve McConahey Bobbie Kilberg Robert Hartmann FROM THE STAFF SECRETARY DUE: Date: Time: October 16 noon SUBJECT: S.1026-Omnibus wilderness designations ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks X REMARKS: please return to judy johnston, ground floor west wing I recommed approval PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon telephone the Staff Secretary immediately. For the President Calendar No. 974 94TH CONGRESS SENATE REPORT 2d Session No. 94-1032 DESIGNATING CERTAIN LANDS AS WILDERNESS JULY 15, 1976.-Ordered to be printed Filed under authority of the order of the Senate of July 1, 1976 Mr. HASKELL, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany S. 1026] The Committee on Interior and Insular Affairs, to which was re- ferred the bill S. 1026 to designate certain lands in the Chassahowitzka National Wildlife Refuge, Citrus County, Fla., as wilderness having considered the same, reports favorably thereon with an amendment to the text and to the title and recommends that the bill as amended do pass. 1. Strike all after the enacting clause and insert in lieu thereof the following: That (a), in accordance with subsection (c) of section 3 of the Wilderness Act (78 Stat. 890, 892), the following lands are hereby designated as wilderness and, therefore, as components of the national wilderness preservation system (1) certain lands in the Simeonof National Wildlife Refuge, Alaska, which comprise approximately twenty-five thousand one hundred and forty acres, are depicted on a map entitled "Simeonof Wilderness-Proposed" and dated January 1971, and shall be known as the Simeonof Wilderness; (2) certain lands in the Big Lake National Wildlife Refuge, Arkansas, which comprise approximately two thousand six hundred acres, are de- picted on a map entitled "Proposed Big Lake Wilderness" and dated June 1976, and shall be known as the Big Lake Wilderness; (3) certain lands in Chassahowitzka National Wildlife Refuge, Florida, which comprise approximately twenty-three thousand three hundred and sixty acres, are depicted on a map entitled "Proposed Chassahowitzka Wilderness" and dated June 1976, and shall be known as the Chassahow- itzka Wilderness; (4) certain lands in the J. N. "Ding" Darling National Wildlife Refuge, Florida, which comprise approximately two thousand eight hundred and twenty-five acres, are depicted on a map entitled "Proposed J. N. 'Ding' Darling Wilderness" and dated June 1976, and shall be known as the J. N. "Ding" Darling Wilderness ; (5) certain lands in the Lake Woodruff National Wildlife Refuge, Florida, which comprise approximately one thousand one hundred and forty-six acres, are depicted on a map entitled "Proposed Lake Woodruff Wilder- 57-010 2 3 ness" and dated June 1976, and shall be known as the Lake Woodruff governing areas designated by that Act as wilderness areas, except that any ref- Wilderness. erence in such provisions to the effective date of the Wilderness Act shall be (6) certain lands in the Crab Orchard National Wildlife Refuge, Illi- deemed to be a reference to the effective date of this Act, and any reference to nois, which comprise approximately four thousand and fifty acres, are the Secretary of Agriculture shall be deemed to be a reference to the Secretary depicted on a map entitled "Crab Orchard Wilderness Proposal" and dated of the Interior. January 1973, and shall be known as the Crab Orchard Wilderness; 2. Amend the title SO as to read "A bill to designate certain lands as wilder- (7) certain lands in the Lacassine National Wildlife Refuge, Lousiana, ness.". which comprise approximately two thousand eight hundred and fifty-four PURPOSE acres, are depicted on a map entitled "Lacassine Wilderness Proposal" and dated January 1974, and shall be known as the Lacassine Wilderness; (8) certain lands in Agassiz National Wildlife Refuge, Minnesota, The Wilderness Act of September 3, 1964 (Public Law 88-577), which comprise approximately four thousand acres, are depicted on a map requires the Secretary of the Interior to review within 10 years of entitled "Agassiz Wilderness Proposal" and dated November 1973, and the act's effective date every roadless area of 5,000 contiguous acres shall be known as the Agassiz Wilderness; (9) certain lands in the Tamarac National Wildlife Refuge, Minnesota, or more (or any area of less than 5,000 acres which is of sufficient which comprise approximately two thousand one hundred and thirty-eight size to make its preservation and use in an unimpaired condition acres, are depicted on a map entitled "Tamarac Wilderness Proposal" and practicable), and every roadless island regardless of size, within the dated January 1973, and shall be known as the Tamarac Wilderness. National Wildlife Refuge System. The Secretary is then directed (10) certain lands in the Mingo National Wildlife Refuge, Missouri, which comprise approximately seven thousand acres, are depicted on a map entitled to submit his recommendations to the President, who, in turn, is to "Proposed Mingo Wilderness" and dated June 1976, and shall be known as advise the Congress of his recommendations regarding these areas the Mingo Wilderness; and islands. These areas and islands can be added to the National (11) certain lands in the Fort Niobrara National Wildlife Refuge, Ne- Wilderness Preservation System and enjoy the protection afforded braska, which comprise approximately four thousand six hundred and thirty-five acres, are depicted on a map entitled "Fort Niobrara Wilderness components of that system by the Wilderness Act only upon enactment Proposal" and dated November 1973, and shall be known as the Fort Nio- of legislation by the Congress. brara Wilderness; S. 1026, as amended, would designate as wilderness portions of (12) certain lands in the Swanquarter National Wildlife Refuge, North seventeen National Wildlife Refuges in twelve states. For each of Carolina, which comprise approximately nine thousand acres; are depicted on a map entitled "Swanquarter Wilderness Proposal" and dated Decem- these areas, the above-outlined procedures have been followed. In ber 1973, and shall be known as the Swanquarter Wilderness; each instance, the proposed wilderness areas have received favor- (13) certain lands in the Medicine Lake National Wildlife Refuge, Mon- able consideration by the Department of the Interior and been rec- tana, which comprise approximately eleven thousand three hundred and ommended by the President. Although the Committee made boun- sixty-six acres, are depicted on a map entitled "Medicine Lake Wilderness Proposal" and dated November 1973, and shall be known as the Medicine dary alterations in 5 of the 17 areas, the changes are relatively minor. Lake Wilderness; The National Wildlife Refuge lands proposed for wilderness desig- (14) certain lands in the Red Rock Lakes National Wildlife Refuge, Mon- nation in S. 1026, as amended, total approximately 154,200 acres; how- tana, which comprise approximately thirty-two thousand three hundred ever, the units vary in size from 32,350 acres to 353 acres. Physical and fifty acres, are depicted on a map entitled "Red Rock Lakes Wilderness Proposal" and dated January 1974, and shall be known as the Red Rock conditions, including climate, location, topography, and geology vary Lakes Wilderness; extensively. In short, most of the areas have little in common except (15) certain lands in the UL Bend National Wildlife Refuge, Montana, one very distinctive characteristic: Each is an undeveloped tract of which comprise approximately twenty thousand eight hundred and ninety land-primarily all of which is in Federal ownership-which has acres, and are depicted on a map entitled "Proposed UL Bend Wilderness" and dated June 1976, and shall be known as UL Bend Wilderness; retained its natural character in the absence of permanent improve- (16) certain lands in the Oregon Islands National Wildlife Refuge, Ore- ments and human habitation. Each can be managed and protected gon, which comprise approximately four hundred and fifty-four acres, are to preserve its natural conditions for the use and enjoyment of depicted on a map entitled "Proposed Oregon Islands Wilderness" and present and future generations. Each presents outstanding oppor- dated June 1976, and shall be known as Oregon Islands Wilderness; and (17) certain lands in the San Juan Islands National Wildlife Refuge, tunities for recreation, solitude and scientific study. Washington, which comprise approximately three hundred and fifty-three acres, are depicted on a map entitied "Proposed San Juan Islands Wilder- LOCATION, DESCRIPTION AND ATTRIBUTES OF THE AREA ness" and dated June 1976, and shall be known as the San Juan Islands Wilderness. A brief description of each area to be designated as wilderness by (b) (1) As soon as practicable after this Act takes effect, maps of the areas S. 1026, as amended, follows: designated as wilderness pursuant to subsection (a) of this section (hereinafter referred to as "wilderness areas") and legal descriptions of their boundaries 1. Section (a) (1) Simeonof Wilderness, Alaska shall be filed with the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives, and such maps and descrip- The Simeonof Wilderness to be designated by S. 1026 contains ap- tions shall have the same force and effect as if included in this Act: Provided, proximately 25,140 acres of emerged and submerged lands within the however. That corrections of clerical and typographical errors in such maps and Simeonof National Wildlife Refuge, Alaska. The refuge consists of descriptions may be made by the Secretary of the Interior. 10,853 acres of emerged lands on Simeonof Island and adjacent Murie (2) The maps and descriptions of boundaries of the wilderness areas shall be on file and available for public inspection in the offices of the United States Islets, and 14,418 acres of surrounding submerged lands and tidal Fish and Wildlife Service, Department of the Interior. water. It is situated in the easternmost part of the Shumagin Island SEC. 2. The wilderness areas shall be administered by the Secretary of the group in the Gulf of Alaska about 65 miles southeast of the fishing Interior in accordance with the applicable provisions of the Wilderness Act settlement of Sand Point. 4 5 Simeonof Island is approximately six miles long and nearly as wide. It is almost divided in two, but remains connected by a sand 3. Section 1 (a) (3). Chassahowitzka Wilderness, Fla. spit at the head of Simeonof Harbor. This harbor, nearly two miles Located on the west coast of central Florida about 70 miles north of long, offers excellent protection from the many storms which vio- the population center of Tampa-Clearwater-St. Petersburg, Chassa- lently lash the beaches around the perimeter of the island. The climate howitzka is a unique combination of ecosystems of shallow water and is maritime with cloudy, cool summers and relatively mild winters. salt marshes of the Gulf of Mexico, estuarine land-water complexes The welfare of the sea otter population in and around the Shumagin created by the clear springs and waters of Chassahowitzka and Homo- Island group is a first priority management consideration. The 300 to sassa Rivers, tree islands, and hardwood swamps. The Refuge is a 500 sea otter estimated to use the refuge often haul-out onto the Murie diverse and highly productive habitat for many marine organisms, Islets and are occasionally seen inside Simeonof Harbor. From 300 finfish and shellfish; large populations of waterfowl, shorebirds, song- to 1,000 hair seals use the shorelines. Indications are that this is a birds; many mammals and reptiles; and numerous plant communi- rearing area for this species. ties, including large beds of submerged aquatics. These submerged Other mammals include the Arctie fox and ground squirrel. River aquatics are significant, vital factors in providing outstanding feed- otter occasionally use the island and sea lions and hump-backed and ing grounds for thousands of waterfowl and for nurturing the great little piked whales pass through surrounding waters. variety and numbers of fin and shell fish. Therefore, the Committee Grazing of domestic livestock in the refuge was authorized by the felt it very important that these submerged, federally owned bottom establishing order and placed under the administration of the Bureau lands be included in the wilderness. of Land Management. The order stipulated that grazing use would The administration proposal, as introduced called for wilderness be limited to one grazing lessee at any one time, and that it was to be designation for approximately 16,000 acres. On March 9, 1976, Senator compatible with refuge purposes. The current grazing lease was issued Chiles, for himself, and Senator Stone, introduced S. 3104-a bill to January 1, 1961, for a 20-year period. Most grazing is confined to designate a 23,360 acre Chassahowitzka wilderness. The Committee beach fringes, with little use occurring more than one-half mile in- agreed to enlarge the wilderness boundary to include this additional land. Thus, grazing pressure is concentrated on the perimeter of the 7,360 acres of marsh and islands located to the south of the adminis- island. This limited grazing activity will not be significantly affected tration's proposal. by wilderness designation. Both the administration proposal and S. 3104 contained special 2. Section 1 (a) (2) Big Lake Wilderness, Ark. management language to permit the continued use of motorboats, S. 1026, as amended, would establish a 2,600 acre wilderness in the commercial fishing, and guiding activities within the navigable waters of the proposed wilderness. Though the waterbottoms are federally Big Lake National Wildlife Refuge in northeast Arkansas. The refuge owned, the navigable waters are owned by the State of Florida. These contains approximately 11,000 acres and was established primarily to navigable waters will not be included in wilderness and will still be provide migration habitat for ducks and geese using the Mississippi under the jurisdiction of the State. Fishing, guiding, and boat use Flyway. Big Lake was formed from a series of earth tremors known as the are traditional, well established uses that will not be prohibited by New Madrid Earthquake which occurred in 1811 and 1812. Originally, wilderness designation. In addition to the State's ownership of the the lake was held back by a natural dam or levee; however, as the navigable waters, the 1964 Wilderness Act specifically provides that "Within areas designated by this Act the use of aircraft or motor- Mississippi River and other streams overflowed they began to cut a natural levee. During the early 1930's Big Lake began to dry up each boats, where these uses have already become established, may be per- summer. A man-made structure was placed at the lower end of the mitted to continue subject to such restrictions as the Secretary (of Interior) deems desirable" [section (d) (1) Therefore, manage- Lake which now holds water throughout the year. In addition to the waterfowl which utilize the refuge throughout ment criteria for navigable waters is not a deterrent to wilderness the year, herons and egrets are numerous during the summer months. qualification and designation for Chassahowitzka. Similarly, the com- Terns, gulls, snipe and woodcock are present at various times of the mittee felt that special management language in this regard was un- necessary and deleted it from the reported bill. (Correspondence from year and over 200 species of birds have been recorded on the refuge. Raccoon, muskrat, beaver and mink are abundant on the refuge, and the Department of the Interior to Senator Stone regarding motor boat use in Chassahowitzka is included in "Executive Communications" deer, opposum, skunk, red and gray fox are also common. In addition to the 1,818 acres recommended by the Department of below.) the Interior, the Committee received testimony at the March 11, 1976, 4. Section (a) (4). J. N. "Ding" Darling Wilderness, Fla. hearing urging the inclusion of an additional 800 acres to the south The J. N. "Ding" Darling National Wildlife Refuge was established of the Administration's proposal. This area possesses excellent wilder- on December 1, 1945, on lands leased from the State of Florida for ness qualities and contains some of the most impressive forests found refuge purposes. Since that time additional lands have been added to in the Refuge. Consequently, the Committee agreed to this 800 acre the refuge until today it encompasses 4,755 acres. The refuge is located addition making the total wilderness proposal for Big Lake approxi- on Sanibel Island in Lee County, Fla., about 20 miles southwest of mately 2,600 acres. Fort Myers. 6 7 Over 400 forms of seashells are found on the beach and within the boundary of the refuge. It includes the roughest terrain and is the refuge 268 species of birds have been identified, 35 species of reptiles, most inaccessible and isolated area on the refuge. A county road 10 species of amphibians, 20 or more species of mammals and 300 running north and south through the proposal divides the area into species of native plants. The refuge is endowed with a great variety two units. Since the road is a major access route to private lands south of marsh and waterbirds ranging from great white herons, roseate of the refuge, it is not included in the wilderness proposal. There are spoonbills to the ever present brown pelicans, ibises, egrets, rails, and a few old farm roads within the proposal and cleared areas that were numerous shorebirds. The refuge holds a wealth of both migratory formerly crop fields. Although this area at one time felt the pressure and resident songbirds and a fair population of marsh rabbits, rac- of man's presence, for the last 25 years it has been kept in a natural coons and other small mammals. state and the effects of the past for the most part have been healed. In addition to the administration's proposal, on March 9, 1976, Sen- Continued wilderness management will eventually allow the area to ators Chiles and Stone introduced S. 3099-a bill to establish a 2,825 revert to its pristine condition. wilderness; approximately 90 acres larger than the President's rec- The refuge contains a variety of habitats including three large lakes ommendation. The two deletions proposed in the administration bill and 61 smaller lakes and ponds. Crab Orchard Lake is the largest, are: (1) a 150 foot buffer zone extending along the wildlife trail and comprising 6,910 acres, while Devils Kitchen and Littly Grassy con- Tarpon Bay; and (2) a 3.62 acre wild peninsula at the northern tip tain 810 and 1,000 acres, respectively. More than 8,000 acres of agri- of the Refuge. The Committee concluded that neither of these areas cultural lands are managed in the Refuge under share cropping agree- should be excluded from the wilderness and agreed to the larger acre- ments with neighboring farmers to provide food for wintering Canada age contained in S. 3099. Geese. 5. Section 1 (a) (5). Lake Woodruff Wilderness, Fla. 7. Section 1 (a) (7) Lacassine Wilderness, La. The Lake Woodruff National Wildlife Refuge is located in the S. 1026, as amended, would designate an approximately 2,854 wil- western part of Volusia County in east central Florida along the derness within the Lacassine National Wildlife Refuge. The area to famed St. Johns River. The refuge contains 18,417 acres of which be included in the national wilderness preservation system lies south 11,440 acres are marsh, 4,786 acres are timber, 1,206 acres of upland of the American-Louisiana Pipeline Canal and west of Bayou Misere. and 984 acres of streams, lakes, and other water areas. The refuge was established as the Lacassine Migratory Waterfowl Wildlife species of the area are fairly typical for wetland habitat Refuge on December 31, 1937. In the acquisition process former owners of central Florida. Nearly 200 species of birds have been identified on have reserved mineral rights on four tracts totalling 17,732 acres. Lake Woodruff Refuge. The threatened species that may be seen on The Federal Government purchased mineral rights on nine tracts the refuge include the endangered everglade kite, southern bald eagle, totalling 13,392 acres. Generally, those lands on which the Federal Florida sandhill crane, Florida panther and American alligator. The Government purchased mineral rights are located on the southern half American osprey is a well established resident on the refuge. The of the refuge. In addition, the Intra-Coastal Waterway transects the greater sandhill crane is an occasional visitor and the red cockaded southern portion of the refuge as does the American-Louisiana Pipe- woodpecker should be a resident of the refuge when habitat for this line Canal. species is favorable. The refuge hosts at least 21 species of ducks dur- The vegetative types occurring on the refuge are primarily water ing the winter season and is a year-round home for Florida ducks and tolerant grasses, sedges and shrubs. Present land use is approximately wood ducks. The white-tailed deer represents the only big game species as follows: agricultural lands, 600 acres; timber land, 5 acres; and found on the refuge. the remaining approximately 31,000 acres are in marsh and water. The In the administration's report on the Lake Woodruff wilderness refuge is utilized heavily by the wintering waterfowl populations. proposal, the Department recommended that a 40 acre tract of private Pintails, blue-winged teal, gadwalls, mallards, ring-necked ducks, land located at the tip of Dexter Island be designated as "Potential green winged teal and widgeon are the most common migratory ducks. Wilderness". Under this provision, the 40 acres would not be included Mottled ducks, blue-winged teal and wood ducks nest on the refuge in the wilderness at the time of enactment of this legislation but in small numbers. Fifty thousand blue and snow geese, 40,000 white would become part of the wilderness only when acquired as part of fronted geese and small flocks of Canada geese rest on the refuge the refuge and following publication of notice in the "Federal during the winter months. In addition, many wading birds nest on Register.' the refuge including roseate spoonbills, white faced ibises, ibises, snowy Rather than establish this "Potential Wilderness" category, the egrets, Louisiana and little blue herons and anhingas, black crown Committee felt that the wilderness values of the area could best be and yellow crown night herons. protected by designating this 40 acres as wilderness in accordance 8. Section 1 (a) (8) Agassiz Wilderness, Minn. with the 1934 Act. Thus, the Department of the Interior will manage The Agassiz National Wildlife Refuge was established on March 23, the 40 acre tract like any other private inholding within a wilder- 1937, and presently comprises 61,487 acres and is located in eastern ness area until such time as the tract can be acquired. Marshall County in northwestern Minnesota. Formerly known as Mud 6. Section (a) (6) Crab Orchard Wilderness. Ill. Lake Refuge, it occupies a bay of prehistoric Lake Agassiz, for which The 4,050 acre area recommended for wilderness designation on the refuge was renamed in 1961. In the early 1900's attempts were made the Crab Orchard Refuge lies between Devils Lake and the south to drain the area now occupied by the refuge; however, quick run-off 8 9 through the ditches produced severe flooding and little additional land came into cultivation. Developments were commenced on the refuge in unsuccessfully to clear and drain. In 1944, in the center of the old 1937 and water was again impounded. Presently 14 pools have been swamp area the 21,464-acre Mingo National Wildlife Refuge was developed through the construction of dikes and water control struc- established. Since then, that area has been recovering from previous tures. These pools encompass about 24,000 acres of water and marsh. misuses under extensive management and protection. Some trees on The primary objective for the Agassiz Refuge is to provide optimum the refuge are now the largest of their species in Missouri. The refuge conditions for the production of waterfowl. An annual production of is a significant wood duck production area, a goose wintering area, ducks now approaches nearly 12,000. The principle nesting species are and a goose and duck migration area. Resident wildlife have pros- mallards, blue-winged teal, gadwalls, shovelers, ring necks, redheads pered including white-tailed deer and the rather rare swamp rabbit. and ruddy ducks. Some farming and grazing are done for wildlife improvement with The 4,000 acres proposed for wilderness is in the northern portion of other local benefits. the refuge and retains its pristine condition. The area is a spruce- S. 1026, as amended, would designate approximately 7,000 acres tamarac bog with two lakes, Kuriko and Whiskey, within the bog. The as wilderness. At the Subcommittee hearing on March 9, 1976, Con- area is transacted by an old drainage ditch and spoil bank that is pres- gressman Bill Burlison and Senator Thomas Eagleton of Missouri ently maintained as a four-wheel drive vehicle trail. Because of the testified in favor of an approximately 8,000-acre Mingo wilderness. very conspicuous nature of the ditch and spoil, it has been excluded The administration proposal called for wilderness designation for from the wilderness proposal. There is, and has been, no management approximately 1,700 acres. The most prominent feature of this ex- of the area and there are no plans to alter the habitat in the future. panded wilderness proposal is Monopoly Lake. This lake contains a The proposed wilderness is currently used by environmental educa- swamp ecosystem that is probably unique in the central United States. tion groups and big game hunters, and these uses would not be affected While the lake and swamp around it were subjected to intense exploita- by wilderness designation. tion and drainage during the early part of the century, the area has since reverted to its natural swampy condition with the mammals, 9. Section 1 (a) (9) Tamarac Wilderness, Minn. birds, fish, and reptiles returning as indigenous inhabitants. Tamarac National Wildlife Refuge is situated in the rolling timber- This regeneration has come about primarily because of the inten- lands of northwest Minnesota in Becker County, 18 miles northeast sive management undertaken in recent years by the U.S. Fish and of Detroit Lakes. The 42,724 acre refuge is just a few miles east of the Wildlife Service. By regulating the water level in the lake, the Fish eastern edge of the tall grass prairie. The refuge lies among many lakes, and Wildlife Service has been able to reintroduce the natural water wooded potholes, bogs and marshes which fill depressions left by re- regime essential to the native swamp ecosystem of the region. By reg- ceding glaciers. Within the refuge are 17,650 acres of wetland habitat ulating water levels, the Service is able to recreate the natural drain consisting of 21 large lakes which lie wholly within the refuge and and fill patterns of Monopoly Lake which were destroyed by dam four other lakes, a part of which is contained within the refuge, 2,311 construction and other developments in the rivers and waterways out- acres of potholes, 3,657 acres of shrub swamps, 2,120 acres of wooded side the refuge. swamp and 2,744 acres of bogs. About 26,000 acres of the refuge are The Committee felt that the periodic regulation of water levels by timber. Much of it is second growth aspen and upland hardwoods with removing earthen plugs from outside of the wilderness area, is, in extensive areas of dense hazelbush understory. The primary tree spe- this instance, compatible with wilderness designation. By regulating cies are trembling and big tooth aspen, jack pine and mixed hardwoods. the level of Monopoly Lake, the Fish and Wildlife Service is not While much of the refuge is actively managed to meet refuge ob- managing an artificial regime but a natural one-one which is cru- jectives, there are several areas that are preserved in a natural state. cial to the swampy forest of this area and the fish and wildlife sus- Three islands in Tamarac Lake totaling 65 acres and a 2,073 acre unit in the northwest corner of the refuge are qualified for wilderness desig- tained by it. Wilderness designation for the Monopoly Lake area will nation and comprise the proposed 2,178 acre Tamarac Wilderness. The help forestall recurring pressures for construction of roads, powerlines area in the northwest corner of the refuge has one of the few remanent and pipelines which could be damaging to the lake's fragile swamp ecosystem. stands of old growth white pine left in the area. The headwaters of the Egg River and Little Egg Lake are encompassed by the proposal. However, the Committee agreed not to include approximately 1.000 A nesting of bald eagle and several nesting osprey enhance the wilder- acres in the southwestern portion of the refuge in the wilder- ness quality of the area. ness. This area has had timber selectively cut from it within the past 20 years. In 1963-65 approximately 2,000,000 board feet were cut from 10. Section (a) (10) Mingo Wilderness, Mo. the area. More recently, the area was part of a Timber Stand Improve- Mingo Refuge is in an ancient channel of the Mississippi River ment Program conducted in the late sixties. In addition, there are bounded on two sides by limestone bluffs and rolling hills. It was an fenced fields in the unit, a diked moist soil area, vehicle trails and almost unpenetrable jungle when first visited by explorers and some public-use facilities. trappers. 11. Section 1 (α) (14) Fort Niobrara Wilderness, Nebr. About 1900, loggers moved in and by 1930, all merchantable cypress, The Fort Niobrara National Wildlife Refuge was established in gum, and oak were gone. Land developers followed the logging trying 1912 by Executive Order No. 1461. The primary goal of the refuge was S. Rept. 94-1032-2 10 11 to preserve and protect the bison which at that time were in danger visitors. In addition to the array of birds, the refuge contains popula- of extinction. Early in 1912, Mr. J. W. Gilbert offered six bison, seven- tions of deer, black bear, squirrel, rabbit, bobcat, raccoon, opposum, teen elk, and two white-tailed deer to the Federal government for otter, and other small mammals. preservation with the understanding they would remain in Nebraska. S. 1026, as amended, would designate three tracts representing ap- There were no Federal funds available for fencing the refuge at the proximately 9,000 acres of the refuge as wilderness. time and the citizens of Valentine, Nebraska, generously offered to assist in construction of a fence around 213 acres of pasture. In 1936, 13. Section 1 (a) (12) Medicine Lake Wilderness, Mont. six Texas long-horn cattle were transferred to the refuge from the S. 1026, as amended, would designate approximately 11,366 acres Wichita Mountain Refuge in Oklahoma. Since the first introductions, of the Medicine Lake National Wildlife Refuge, Mont., as wilderness. active herds of bison, elk and long-horns have been maintained on the The proposed wilderness will consist of two units-Medicine Lake at refuge. The bison, truly a symbol of American heritage, has been about 9,100 acres, and Sandhills at about 2,200 acres. The Medicine successfully managed and a herd of approximately 225 is maintained Lake unit includes the entire lake and all islands within the lake area. on the refuge. The Sandhill unit is a grassland-shrub complex. The lake itself is lo- Recreational opportunities at Fort Niobrara are almost exclusively cated in one of the prehistoric beds of the Missouri River. The balance oriented to wildlife in the wildlands of the area. In 1972 over 63,000 of the 31,457-acre refuge is not suitable for wilderness status, since it visitors came to the refuge. Most visitors come to see the bison, elk, is intensively managed and developed for waterfowl habitat. and Texas long-horn in their native environment. The headquarters The proposed Medicine Lake Wilderness is situated in the central exhibition pasture provides an excellent opportunity to see a few of waterfowl flyway on the edge of the great prairie pothole duck pro- each of the animals. Popular spring and early summer activities duction area. Ducks, geese, swans, sandhill cranes, and endangered include canoeing and floating the Niobrara River which remains in whooping cranes use the area as they move to and from their northern a natural state. breeding grounds. Over three-fourths of all wild ducks hatched in the The area recommended for wilderness designation in S. 1026, as conterminous states originally came from this prairie pothole region. amended, is located on the north portion of the refuge and includes In addition, Medicine Lake has been well known for the large num- approximately 4,635 acres in a single unit. ber of colonial nesting birds. White pelicans, double-crested cor- morants, ringbill and California gulls nest on the islands and points 12. Section 1 (a) (11) Swanquarter Wilderness, N.C. of the lake. Sharptail grouse, ringnecked pheasants, and gray partidges The Swanquarter National Wildlife Refuge was established under are year-round resident upland game species. White-tailed deer, mule the authority of the Migratory Bird Conservation Act. The refuge deer, and antelope are the big game species found on the refuge. was activated June 23, 1932, when 15,500 acres were purchased. In 1935 14. Section (a) (13) Red Rock Lakes Wilderness, Mont. an additional 27,000 acres of water adjacent to the refuge were closed The Red Rock Lakes National Wildlife Refuge contains 40,300 to hunting by Presidential Proclamation. Since that time acquisition acres of which 32,350 would be added to the National Wilderness has been completed. Swanquarter was named for a small town of Swanquarter, N.C., Preservation System if S. 1026, as amended, is enacted. The proposed wilderness consists of four units including Upper and Lower Red where large concentrations of whistling swans wintered during the early colonial period. The refuge consists primarily of marsh islands Rock Lakes and contiguous marshes. including Great Island, Swanquarter Island, Judith Island, and Marsh This Refuge has played a significant role in restoring trumpeter Island: Other refuge lands extend in the bay from the mainland and swan populations from near extinction. It is crucial that the unde- include both marsh and woodlands. The predominant vegetation of the veloped and undisturbed marshlands of the Refuge be protected from man-made instrusions. These waters are also habitat for the marsh is needle grass with varying sized meadows of salt meadow cord grass and salt grasses. The successive hurricanes of 1950 killed nearly - grayling which is a threatened species. In addition to migratory waterfowl, the Refuge is home to peregrine and prairie falcons, bald 1.600 acres of refuge timber as a result of salt intrusion. The salt con- tent of the soil has prevented adequate regeneration of forest species 1 eagles, moose, elk, deer, and antelope. and these areas now resemble marsh more than woodland. In the spectacular mountains which adjoin the Refuge on the south, the Bureau of Land Management last year administratively desig- About 90 percent of the forest present on the refuge is loblolly pine. nated the Centennial Mountains Primitive Area. The Red Rock Lakes There are small areas of bald cypress and mixed hardwood stands, Wilderness and the Primitive Area would complement each other, and black gum, sweet gum, maple, and associated species. There is an esti- wildlife as well as watershed and wilderness would be enhanced. mated 85 acre area east of Juniper Island that contains an old stand of tall, large diameter cypress trees that may qualify as a virgin stand. 15. Section (a) (15) U.L. Bend Wilderness, Mont. The Swanquarter Refuge is noted for several items: (1) concentration Located in north-central Montana, the 46,264-acre U.L. Bend Na- of redhead and canvasback ducks and (2) it is probably the most north- tional Wildlife Refuge was formed from the remnants of the wild- ernly area where alligators are found. In addition, more than 200 lands which were inundated by Fort Peck Reservoir. The refuge takes different species of birds have been recorded in the refuge area. Osprey its name from a hairpin turn in the Missouri River which creates a nesting is prevalent and the endangered bald eagle has nested in the large peninsula. Elevations vary from 2250 feet to 2700 feet above area until recently. Both the eagle and the peregrine falcon are winter sea level. Along the river, rugged ridges and coolies characterize 12 13 the shoreline which is commonly referred to as "Missouri River S. 1026, as amended, would designate the 28 additional islands now Breaks". in the Oregon Islands National Wildlife Refuge as wilderness. In The northern boundary is bordered by public domain and private addition, 27 of the 28 additional Federal Islands, currently adminis- lands. Fort Peck Reservoir surrounds the southern part of the area. tered by the Bureau of Land Management, including Blanco and As indicated by their journals, Lewis and Clark were the first known Rogue Reefs would be similarly designated. These 28 islands and reefs white men to observe what is now called U.L. Bend. At that time, are currently in the process of being added to the refuge system by the area was the unconfined home of the bison and the Indian. Fas- PLO action initiated in March of 1973. cinating evidence of Indian teepee rings, artifacts, and buffalo jumps The rugged rocks, islands and reefs of this 55 island proposal vary are still found in the area. greatly. Many are over 100 feet high; many frequently are awash by Today, the refuge provides important habitat for elk, mule deer, the surf. Some are bare rock; others support a modest cover of low- whitetail deer, antelope, bobcat, badger, sage grouse, sharp-tailed growing vegetation. They have remained undeveloped because of their grouse, golden eagle, bald eagle, prairie falcon, osprey, and burrow- small size (up to 20 acres), Federal ownership and generally inhospita- ing owl. Canada geese and a wide variety of ducks nest on the refuge ble character. They extend 307 miles from Tillamook Head to Twin or are found there. The refuge may represent one of the last habitats Rocks and are within a half mile of the Oregon Coast in most places. of the endangered black-footed ferret and associated vanishing Eleven species of colonial seabirds nest on the islands, and some prairie dog. colonies, particularly of Leach's Petrel, are truly spectacular. Seven S. 1026 would designate two units within the refuge as wilderness: additional species use the islands during migration, as well as shore- Mickey Butte at 17,909 acres and Beauchamp at 1,784 acres. No birds, waterfowl and some land associated birds. Northern sea lions disqualifying improvements exist in these units and no developments haul out on the islands each spring. are planned. Flat to rolling grassland, broken by rugged ridges The islands have never had much human use because of difficult and coulees, characterizes the units. This measure would give wilder- access and generally rough terrain. No man-made structures exist on ness protection to a part of the important wild Missouri River Breaks any islands of the proposal. Like refuge use, wilderness use will be ecosystems not now represented in the National Wilderness Preserva- primarily from the outside looking in-from the mainland. Many tion System. It would also assure the retention of undisturbed habitat thousands of people will continue to drive the coastal highway and for such wilderness species as the elk, and others, like the black-footed many will continue to observe and photograph the fascinating and ferret, on the edge of extinction. No designated wilderness area now abundant bird and mammal life. exists in all of north-central Montana. There are State school lands of approximately 1,200 acres within 17. Section 1(a) (17) San Juan Islands Wilderness, Wash. the wilderness proposal. At the present time negotiations are under- Public Land Order 5515 issued August 27, 1975 consolidated four way to exchange these State school lands for lands outside the national wildlife refuges (San Juan, Matia Island, Jones Island and refuge. This 1,200 acres is currently used for domestic livestock Smith Island) into a single San Juan Islands National Wildlife Ref- grazing-a use which is compatible with wilderness designation, uge. In addition, the Public Land Order added some 58 islands, which consistent with the area's wildlife management objectives. up until that time had been part of the public domain, to the refuge. The Committee noted that wilderness designation for this part of At the present time there are 68 islands within the refuge. Of these the refuge will not affect the operation or maintenance of the Fort 64 are recommended for wilderness status under the provisions of Peck Reservoir. Wilderness status will not impede the work of Coast S. 1026, as amended. In addition to the 64 islands of the refuge, S. Guard and Corps of Engineers with regard to navigation and regu- 1026, as amended, would also designate 16 islands in Federal owner- lation of water levels in the reservoir. ship presently administered by the Bureau of Land Management as wilderness. The refuge boundary on all areas coincides with mean high 16. Section (a) (16) Oregon Islands Wilderness, Oreg. tide. The State of Washington controls adjacent submerged lands. In 1970 the Congress added a single island of the Oregon Islands The islands are located in the San Juan Archipelago which is National Wildlife Refuge and the Three Arch Rocks National Wild- thought to be a submerged extension of the Olympic Mountains. About life Refuge along the Oregon Coast to the National Wilderness Preser- 200 islands are found in Washington State within San Juan, Island, vation System by enactment of Public Law 91-504. Since then, by Skagit, and Whatcom Counties. With the exception of Matia Island, PLO 4395 of April 1, 1968, 28 additional islands, islets, rocks and which has a mixed evergreen deciduous stand of trees, the islands reefs containing 346 acres have been added to the Oregon Islands are covered with sparse, low growing vegetation. A small freshwater National Wildlife Refuge and studied for their wilderness potential. pond is found on Matia Island. Additionally, the wilderness study by the Fish and Wildlife Service The San Juan Island Refuge was established to protect nesting sea included two more reefs (Blanco and Rogue River) and 26 more rocks, birds, the predominant species being the glaucuous-winged gull. Other islands and islets containing 113 acres not now in refuge status. Blanco nesting birds are Brandt's and pelagic cormorants. tufted puffins, and Rogue River reefs, however, are currently administered as sanctu- pigeon guillemots, Cassin's and rhinoceros auklets. black oystercatch- aries for sea lions by the Service under Executive Order 4364 of Sep- ers and killdeer. An estimated 200 species of birds visit the islands tember 1, 1931. Blanco Reef is subject to a Coast Guard withdrawal each year. Harbor seals, porpoises, whales, and pelagic mammals in 1867 for lighthouse purposes. The Coast Guard has no present or are common in surrounding waters and black brant have historically foreseeable plans for navigational aids on these reefs. used the kelp beds of the San Juans for winter feeding. 14 15 COMMITTEE AMENDMENT EXECUTIVE COMMUNICATIONS During markup, the Committee incorporated the seventeen individ- The reports of the Federal agencies to the Committee concerning S. ual Administration measures into an omnibus bill retaining the bill 1026, as amended, are set forth in full as follows: number of the first administration proposal introduced-S. 1026. The Committee also adopted the larger acreage figures for two Florida U.S. DEPARTMENT OF THE INTERIOR, areas as contained in S. 3401 and S. 3099 introduced by Senator Chiles. OFFICE OF THE SECRETARY, Additional minor alterations to the seventeen Administration pro- Washington, D.C., March 10, 1976. posals are discussed in the "Location, Description and Attributes" Hon. HENRY M. JACKSON, section of this report. Chairman, Committee on Interior and Insular Affairs, U.S. Senate, LEGISLATIVE HISTORY Washington, D.C. DEAR MR. CHAIRMAN: This responds to the request of your Commit- On March 7, 1975, Senator Haskell introduced, on behalf of Sena- tee for the views of this Department on the following national wild- tors Jackson and Fannin (by request), forty-two wildlife refuge wil- life refuge wilderness bills: derness proposals. These measures were submitted to Congress by the President pursuant to a provision of the Wilderness Act of 1964 S. 1026-Chassahowitzka, Florida S. 1060-Medicine Lake, Montana which requires that-within the decade-the Secretary of the Interior S. 1054-J. N. Ding Darling, Flor- S. 1038-Red Rock Lakes, Mon- ida tana study all roadless areas in the wildlife refuges to determine their suitability as wilderness. Other relevant bills to designate individual S. 1058-Lake Woodruff, Florida S. 1067-UL Bend, Montana wildlife refuge wilderness areas introduced this Congress include: S. 1046-Agassiz, Minnesota S. 1037-Oregon Islands, Oregon S. 3099, introduced by Senator Chiles on March 9, 1976, (J.N. "Ding" S. 1042-Tamarac, Minnesota S. 1039-San Juan Islands and Darling Wilderness, Florida) and S. 3041, also introduced by Sena- S. 1055-Ft. Niobrara, Nebraska Matia Islands, Washington. tor Chiles on March 9, 1976, (Chassahowitzka Wilderness, Florida). S. 1051-Big Lake, Arkansas S. 1041-Simeonof, Alaska On March 11, 1976, the Subcommittee on the Environment and S. 1027-Crab Orchard, Illinois S. 1066-Swanquarter, North Car- S. 1057-Lacassine, Louisiana olina Land Resources conducted a hearing on seventeen of the Adminis- tration proposals and both of the Florida measures listed above. S. 1035-Mingo, Missouri We recommend the enactment of all these bills, if they are amended COST as herein described. All of these proposed wilderness area bills with a few minor excep- In accordance with subsection (a) of section 252 of the Legisla- tions are basically identical to the recommendations of the President tive Reorganization Act of 1970, the Committee notes that no addi- made to the Congress during its 93d Session. However, since submis- tional budgetary expenditures would be involved should S. 1026, as sion to the Congress a number of events have occurred necessitating amended, be enacted. minor amendments to some of the proposals as herein described. S. 1046 (Agassiz), S. 1037 (Oregon Islands), S. 1041 (Simeonof), COMMITTEE RECOMMENDATIONS AND TABULATION OF VOTES S. 1038 (Red Rock Lakes), S. 1035 (Mingo), S. 1027 (Crab Orchard), The Senate Committee on Interior and Insular Affairs, in open busi- S. 1026 (Chassahowitzka), S. 1042 (Tamarac) and S. 1039 (San Juan) ness session on June 23, 1976, by unanimous vote of a quorum present, make reference to the Bureau of Sport Fisheries and Wildlife. Public recommended that the Senate pass S. 1026, if amended as described Law 93-271 (1974) abolished the Bureau and established the U.S. Fish herein. Pursuant to section 133(b) of the Legislative Reorganization and Wildlife Service with identical responsibilities. For this reason Act of 1946, as amended, the following is a tabulation of votes of the reference in the above cited eight bills to the Bureau of Sport Fisheries Committee during consideration of S. 1026. and Wildlife should be struck wherever it appears and "U.S. Fish and Wildlife Service" inserted in lieu thereof. The bill was ordered favorably reported to the Senate on a roll call vote. The vote was as follows: Four of the bills, S. 1037 (Oregon Islands), S. 1041 (Simeonof), S. 1035 (Mingo) and S. 1026 (Chassahowitzka), contain no provision YEAS-8 NAYS-0 for withdrawal of the area designated as wilderness from mineral and Jackson mining laws. While the Wilderness Act of 1964 (16 U.S.C. 1131-1136) Church implies that areas designated as wilderness are closed to mining and Metcalf mineral utilization, we suggest, for uniformity, that withdrawal lan- Johnston guage be contained in all the bills. Therefore, in the above referenced Abourezk four bills a new section should be added as follows: Haskell Section Subject to all valid rights existing on the date of Stone enactment of this Act, lands designated as wilderness by this Act Bumpers are hereby withdrawn from all forms of appropriation under the 17 16 The Office of Management and Budget has advised that there is no mining laws and from disposition under all laws pertaining to objection to the presentation of this report from the standpoint of the mineral leasing and all amendments thereto. Administration's program. Since our recommendation on wilderness for Matia Islands and San Sincerely yours, Juan National Wildlife Refuge, we have consolidated four small ref- JOHN H. KYL, uges into one by Public Land Order 5515, August 27, 1975. By this Assistant Secretary of the Interior. same Order, 58 additional islands were added to the redesignated San Juan Islands National Wildlife Refuge. To conform S. 1039 to these EXECUTIVE OFFICE OF THE PRESIDENT, changes the following modifications are needed: OFFICE OF MANAGEMENT AND BUDGET, Bill title.Strike "the Matia Island and", insert "Islands" be- Washington, D.C., March 16, 1976. fore "National", strike "and" before "Skagit", and insert "and Hon. HENRY M. JACKSON, Whatcom" before "Counties". Chairman, Committee on Interior and Insular Affairs, U.S. Senate, Page 1, line 5.-Strike "Matia Island and" before "San Juan", Washington, D.C. insert "Islands" before "National". DEAR MR. CHAIRMAN: This is in response to your requests for the Page 1, lines 6 and 7.-Strike "one hundred and sixty eight" views of the Office of Management and Budget on bills which would and insert in lieu thereof "two hundred and eighty five". designate wilderness areas on the following national wildlife refuges: Page 1, line 9.-Insert "Revised March 1976" before ") are". S. 1026-Chassahowitzka, Florida The Fish and Wildlife Service is presently in the process of filing an S. 1027-Crab Orchard, Illinois application with the Bureau of Land Management for an additional S. 1035-Mingo, Missouri 16 islands to be added to the San Juan Islands National Wildlife Ref- S. 1037-Oregon Islands, Oregon uge. All islands in this group warrant wilderness designation. Upon S. 1038-Red Rock Lakes, Montana becoming part of the refuge, they should be designated wilderness. We S. 1039-San Juan Islands and Matia Islands, Washington therefore recommend the following amendment to S. 1039 to designate S. 1041-Simeonof, Alaska these islands as potential wilderness until the application is approved: S. 1042-Tamarac, Minnesota Page 1, line 10 and page 2, lines 1 and 2: Strike all after the S. 1046-Agassiz, Minnesota period on page 1, line 10, through the period ending the sentence S. 1051-Big Lake, Arkansas on page 2 line 2, and insert in lieu thereof "Sixteen islands which S. 1054-J. N. Ding Darling, Florida comprise about seventy acres, designated on such revised maps S. 1055-Ft. Niobrara, Nebraska dated March 1976, as 'Potential Wilderness Additions', are, ef- S. 1057-Lacassine, Louisiana fective upon publication in the Federal Register of a notice by the S. 1058-Lake Woodruff, Florida Secretary of the Interior that the islands have been added to the S. 1060-Medicine Lake, Montana refuge and all uses thereon prohibited by the Wilderness Act have S. 1066-Swanquarter, North Carolina ceased, hereby designated as wilderness." S. 1067-UL Bend, Montana S. 1067, the bill providing for designation of wilderness on the UL The Office of Management and Budget concurs in the views of the Bend National Wildlife Refuge, also requires provision for potential Department of the Interior in its report on these bills and, accord- wilderness designation. We suggest that S. 1067 be amended as follows: ingly: (a) we recommend the enactment of S. 1051, S. 1054, S. 1055, Page 1, line 9: Insert before "The" the following new sentence: S. 1057, S. 1058, S. 1060, and S. 1066; and, (b) we recommend the "lands which comprise about 1,200 acres, designated on such maps enactment of the remaining bills cited above if amended as suggested as 'Potential Wilderness Additions', are, effective upon publica- by the Department. tion in the Federal Register of a notice by the Secretary of the Sincerely yours, Interior that such lands have been made part of the National JAMES M. FREY, Wildlife Refuge System and that all uses thereon prohibited by Assistant Director for Legislative Reference. the Wilderness Act have ceased, hereby designated as wilderness." Public Law 91-504 designated 21 acres of Oregon Islands National Wildlife Refuge as wilderness and the 17 acre Three Arch Rocks as U.S. DEPARTMENT OF THE INTERIOR, wilderness. We propose that the existing Three Arch Rocks and Ore- FISH AND WILDLIFE SERVICE, gon Islands wilderness areas be consolidated into one wilderness area Washington, D.C., May 14, 1976. with enactment of S. 1037, and that these two areas be combined with Hon. RICHARD (DICK) STONE, the new areas added by S. 1037 and the entire area be designated the U.S. Senate, Washington, D.C. Oregon Islands Wilderness. In order to accomplish this redesignation, DEAR SENATOR STONE: This responds to your April 22 letter con- the following new section is proposed: cerning continuance of motorboating and other activities if a wilder- "SEC. 4. The Oregon Islands Wilderness and Three Arch ness area is designated on Chassahowitzka National Wildlife Refuge. Rocks Wilderness designated by Public Law 91-504 (84 Stat. The administration's recommendation for wilderness designation on 1104) are hereby added to the wilderness area designated by this Chassahowitzka Refuge is contained in S. 1026. Section 4 for that bill Act and the total 492 acre area shall be known as the 'Oregon Islands Wilderness"." 18 would permit continuance of motorboating, commercial fishing, and guiding activities providing they are compatible with refuge objec- tives and subject to reasonable regulation: The basic purpose for rec- ommending such language is that it would be clearly understood that such activities were recognized by Congress, and could be continued after the wilderness designation. If the Senate Interior Committee feels that this language is in- appropriate in the legislation, we hope the Committee will express its feelings on this subject in its report. This would provide us with clear guidance as to the intent of Congress in future management of the area. We appreciate your interest in this matter, and hope that this infor- mation is helpful. If we may be of further assistance, please call on us. Sincerely yours, WALTER R. MCALLESTER, Acting Associate Director. CHANGES IN EXISTING LAW In compliance with subsection (4) of rule XXIX of the Standing Rules of the Senate, the Committee states that no changes in existing law would be made by S. 1026, as ordered reported. Calendar No. 974 94TH CONGRESS 2d Session ~ SENATE REPORT No. 94-1032 (Part2) DESIGNATING CERTAIN LANDS AS WILDERNESS JULY 15, 1976.-Ordered to be printed Filed under authority of the order of the Senate of July 1, 1976 Mr. HASKELL, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany S. 1026] The Committee on Interior and Insular Affairs, to which was re- ferred the bill S. 1026 to designate certain lands in the Chassahowitzka National Wildlife Refuge, Citrus County, Fla., as wilderness having considered the same, reports favorably thereon with an amendment to the text and to the title and recommends that the bill as amended do pass. This is part 2 of the Senate Report on this bill. S. 1026, as ordered reported by the Committee on Interior and Insular Affairs, would designate 17 areas in national wildlife ref- uges in 12 States as components of the national wilderness preserva- tion system established by the Wilderness Act of 1964 (78 Stat. 892, 16 U.S.C. 1132). Under wilderness legislation, the areas to be des- ignated as wilderness are defined by reference to maps in the posses- sion of the authorizing committees. As such maps have legal force upon the enactment of the legislation, the Committee believes the maps should be printed in the legislative reports. Such Committee policy was followed recently in the reports on two bills concerning proposed national forest wildernesses in Montana (Report No. 94- 569, to accompany S. 392, and Report No. 94-1027, to accompany S.393). As the boundaries of five proposed national wildlife refuge wilder- ness areas were changed by the Committee during the markup of S. 1026, the referenced maps had to be altered. Unfortunately, these boundary adjustments necessitated reproduction of new maps which were not available for inclusion in the report at the time it was filed. The maps referred to in section 1 of S. 1026 are set forth in this report. 74-781 o 2 3 PROPOSED MISSOURI Simeonof Wilderness Area SIMEONOF NATIONAL WILDLIFE REFUGE BIG LAKE ARKANSAS LEGEND National Wildlife Refuge Mississippi County, Arkansas REFUGE AND PROPOSED WILDERNESS AREA BOUNDARY WILDERNESS STUDY AREA RANCH BUILDINGS ALASKA North Floodway Dam SIMEONOF N.W.R. WELVE FATHOM STRAIT BIG LAKE WILDLIFE MANAGEMENT LOCATION MAP AREA (State Owned) 26 MISSOURI ARKANSAS 34 35 BLETHEVILLE Scole R66W 605 W TO.S R67W AREA EXCLUDED FROM PROPOSAL O V2 6 miles VICINITY MAP Simeonof Harbor SKALE OF MILES LEGEND REFUGE BOUNDARY HISTORIC SITE states DITCH DIKE CLOSING ORDER BOUNDARY Murie TIMBERED REFUGE LAND 2 ROAD PROPOSED WILDERNESS SIMEONOF AdV cean N 22 PRELIMINARY SUBJECT TO CHANGE N DECEMBER, 1973 REFUGE HEADQUARTERS Rev. 6-76 28 D Headquar 25 77 pacific [MANILA 18 Fish Seword Meridian Trop Dam 1/2 2 3 is Scole in Miles Sand Slough PRELIMNARY-Subject to Change Dam NOVEMBER 1969 South Floodway -Dam) Main 18 Dom 4 5 CHASSAHOWITZKA WILDERNESS PROPOSAL CHASSAHOWITZKA NATIONAL WILDLIFE REFUGE CITRUS AND HERNANDO COUNTIES FLORIDA STEPARTMENT YOUR INTERVOR R16E I'm RITE I HABITAT MGT. AND DEVELOPMENT Water manipulation in water management area Dikes to complete exter levee on Bailey Tract restoration and interpretation Coast Guard buildings 02'07 62 W T Levee repair & we control structures Water control structure to permit optimum dra drainage of island and run-off into water Cut and fill operations on Bailey Tract POINT POINT YBEL fishing pier moblic restrooms (Cooperative 1 effort with Lee County) parking areas walking trail she shelling beach Refuge Boundary Proposed Wilderness Refuge Developments LEGEND Historic Site Mineral Rights TOTAL WILDERNESS * 2,734.64 Acres unit management Water supply ly for Bailey Tract PERRY PERRY TRACT TRACT photo photo bline W1 wildlife trail J.N. "DING" DARLING NATIONAL WILDLIFE REFUGE County Drainage Right-of-Way 5 & (867) RESIDENT AREA two two residences storage building G 20 20 & WILDERNESS STUDY AREA miles C M Terpen Boy - $ 1 LEE COUNTY, FLORIDA IT E BAILEY TRACT BAILEY TRACT observation town wildlife trail display / pool interpretive facilities parking 1 X CO Pine Island Sound 2 ISLAND C 0 0 SANIBEL Lee County Mosquito Control TARPON / BAY CONCESSION boat launching facilities interpretive facilities sewerage d disposal unit (concession residences) S Proposed Wilderness ** Dam and Dutlet Canal concession D blog. boat dock canoe trail o -- T ## ** Private Inholdings Refuge Boundary = to / " 18 Les County Electric Cooperative Auto tour route three residences, shop & serv service bidg., closed equi equipment bldg. sipen equi w1 equipment t shed, storage warehouse, paint oil WILDLIFE INTERPRETIVE COMPLEX wildlife interpretive center off-trail 11 observation platforms and tower Scale Tess Water wildlife tour route Mexico CC 30,514 Total Acres Powerline R Right-of -Way HEADQUARTERS WI Idlife trail canse trail of economy Gulf Preliminary Subject Preliminary-Subject to change : 20 - . house N January, 1974 Rev. 6-76 a M'M NO RECEAL - MAP T 22 In $ $ THE RISE $2.40 RIFE *** RIBE TALLAHASSEE MERIDIAN Saste October-1971 Preliminary - Subject to Change REVISED NOVEMBER 1971 Rev. 6 7 LAKE WOODRUFF WILDERNESS STUDY AREA Lake Woodruff National Wildlife Refuge CRAB ORCHARD NATIONAL WILDLIFE REFUGE JACKSON, UNION a WILLIAMSON COUNTIES ILLINOIS WILDERNESS PROPOSAL ONES SPRING GARDEN AUDUBON ISLAND ISLAND LAKE MARSH MANAGEMENT & DEVELOPMENT TIMBER BIRD ISLANDS DOLE MANAGEMENT LEGEND THIS SOUNDARY REFUGE RECREATIONAL WH.DERNESS AREA HEADQUARTERS DEVELOPMENT TURE LAKE DEXTER all TICK ISLAND TIMBER LAKE MARSH MANAGEMENT RECREATION MANAGEMENT NATURAL AREA & DEVELOPMENT ABANDOMED ROADS WOODRUFF is JOHNS RIVER PRELIMINARY BUBJECT CHANGE JANUARY 1973 & VOLUSIA Monney o 8 MARSH MANAGEMENT TIMBER SCALE PRELIMMARY SUBJECT CHANGE DECEMBER 1973 Rev. 6-76 SNHOOL MANAGEMENT LEGEND RIVER REFUGE LANDS MINERAL RIGHTS OUTSTANDING PROPOSED WILDERNESS PROPOSED WILDERNESS NCIVER FRANIVES 1330 ZIEGLER DEAD RIVER North o 2 3 MILES LAKE CO. VOLUSIA CO. receive MARK МІГОЕВИЕЗ? VUEV LACASSINE WILDERNESS STUDY AREA LACASSINE NATIONAL WILDLIFE REFUGE BAYOU LACASSINE CLOSED WITHIN REFUGE BOUNDARY BY PRESIDENTIAL PROCLAMATION NO.2322, FEB.7,1939 REFUGE BOUNDARY REFUGE BOUNDARY REFUGE HEADQUARTERS AREA C Plant Entire JIM RIDGE 0***** Γp ******** WILDLIFE MANAGEMENT Protection Hunting Trapping (Entre BELL CITY DRAINAGE CANAL LACASSINE POOL 8 GRAND LAKE BLUE GROVE BLACK GROVE LAKE anw 0 NORTH GRASSY POINT LEGEND LAKE XXXXXXXXXXX LEVEES 8 DIKES WATER CONTROL STRUCTURES LAKE MISERE HACKBERRY =====0 OIL CO. ROADS 8.WELLS POINT LAKE FARM UNITS CANALS MISERE PROPOSED PUBLIC USE AREAS 0 MIDDEN MOUNDS MILES PROPOSED WILDERNESS # Z S.Rept. 94-1032 o 76 2 . $ W AMERICA WILDERNESS PROPOSAL COUNTY TIVHSUVA NATIONAL WILDLIFE REFUGE AGASSIZ 6 TAMARAC MINGO NATIONAL WILDLIFE REFUGE NATIONAL WILDLIFE REFUGE BECKER COUNTY, MINNESOTA LEGEND / WILDERNESS PROPOSAL - EARTHER PLUS TAMARAC NATIONAL WILDLIFE REFUGE FENCING BECKER COUNTY. MINNESOTA MI - MARVER LOCATION MAP wall MINNESOTA RO 13 12 SWANQUARTER NATIONAL WILDLIFE REFUGE Ruse LEGEND FOOT TRAIL TOWER CLAY PIT FREMARY TESTE RIVER AREA I - , WATER % we ISH BROOD PONDS FOSSIL DIGGNGS ERVICE TRAILS (Cleaed 14 Posite) WILDERNESS PROPOSAL WILDERNESS STUDY AREA THELD POWER LINE A MOVEMBER CAT ® BRIDGE NORTH PUBLIC AREA [ 0 SCALE-MILES FORT NIOBRARA WILDERNESS PROPOSAL LONGHORN PASTURE ROSE EAST - SOUTH BUFFALO BAY 4 CLOSING ORDER BOUNDARY CLOSING SWANDUARTER ORDER BOUNDARY & Assoc BAY JUNIPER NORTH BENLA LONGMORN PASSURE LONGMORN PASTURE BAY BUFFALO RANGE 0 LEGEND PROPOSED WILDERNESS- 9.000 ACRES © PROPOSED IMPOUNDMENTS DIKES REFUGE BOUNDARY SOUND FORT NIOBRARA HAVING PAMLICO a N.W.R. PRELIMINARY-SUBJECT TO CHANGE DECEMBER 1973 LONGHORN PASTURE MEDICANE LAKE WILDERNESS PROPOSAL DICINE LAKE N.W.R. VEMBER 1973 14 CANADA N.D MONT W.Y.O. 5.0. EGEND - HYBRO CONTROL GATE WINDMILL * - - *ENCE AND CHYTLE GUARD - POWER LINE In ROAD - NATURAL - TELEPHONE LINE SURFACED ROAD RCAD - NATIFIL - CONCRETE STUCK TAING in RED ROCK LAKES WILDERNESS PROPOSAL H3W R2W. Flw RED ROCK LAKES NATIONAL WILDLIFE REFUGE BEAVERHEAD COUNTY MONTANA RIW RIE N E E T135 T135 TAS 114 T145 THERE GROM PONOR 15 4) MAY **** Due A 418 are STRP. cruwn - **** REFUCE NOOTRS LEGEND - REFURE BOURDARY THE LATE PROPOSED WILDERNESS 16 17 new Name 46 CLATSON UL BEND NATIONAL WILOLIFE REFUGE STREET WASHINGTON - I OREGON | - ILLANOCK ENLARGED AREA CORPS ACQUIRED - - A RNIA IN Corps PRIMARY WITHDRAWAL FWS WITHDRAWN OR REQUIRED - III STATE SCHOOL LANDS LEGEND . ESTABLISHED WILDERNESS AREAS - . ISLANDS WITHIN OREGON ISLANDS REFUGE o ISLANDS TO BE ADDED TO REFUGE LINCOLN 4 ISLANDS ADMINISTERED BY - BUT NOT PART OF ANY REFUGE OCEAN ESTABLISHED AREAS PROPOSED WILDENNESS AREAS - PROPOSED WILDERNESS LANE WILDERNESS PROPOSAL N ******** PACIFIC Emmil Fore Rock- DOUGLAS ROCK 105 R Rev. 6.70 45 AND THE Mustaid Mound Seal STATE CURRY Rocks cholehedd ROCAR OREGON ISLANDS WILDERNESS PROPOSAL I NATIONAL REFUNE 6% SAN JUAN ISLANDS WILDERNESS PROPOSAL SAN JUAN, ISLAND, SKAGIT, AND WHATCOM COUNTIES WASHINGTON 45 79 43 76 ! 421 85 ALTIMAN 47 41 40 35 MONT 34 32 39 BLAND 64 33 $3 31 30 6 66 77 $8 $1 69 42 mis TO 73 STATE CYPRESS) MAD I 54 R " 1% 58 18 200 80 (R+WPS) 7 55 56 , 74 26 2 - 21 OF 82 20 12 14 13 11 83 $ EXISTING REFUGE ISLANDS WI of If " in NOT SUITABLE AS WILDERING.DE PROPOSED AS 110'00' 76 T5 AUGUST PRELIMINARY SUBJECT TO CHANGE AUGUST 1971 REVISED NOVEMBER 1971 REVISED 3-76 REVISED MARCH 1974 Rev. 676 94TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 2d Session No. 94-1562 DESIGNATING CERTAIN LANDS AS WILDERNESS SEPTEMBER 15, 1976.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. HALEY, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany H.R. 15446] The Committee on Interior and Insular Affairs, to whom was re- ferred the bill (H.R. 15446) to designate certain lands as wilderness, having considered the same, report favorably thereon with an amend- ment and recommend that the bill as amended do pass. The amendment is as follows: Page 11, line 14, strike out "fifteen" and insert in lieu thereof "nineteen". H.R. 15446 designates as wilderness about 123,246 acres in several National Wildlife Refuges and about 300,115 acres in several National Forests. H.R. 15446 also designates several wilderness study areas in National Forests. These areas are located in 15 states and together total about 423,361 acres designated as wilderness and approximately 510,018 acres as designated wilderness study areas. H.R. 15446 and H.R. 15447 (an identical bill) introduced by Mr. Melcher and others, are the result of consideration of all or parts of the following bills: H.R. 2905, Mr. Lujan; H.R. 2906, Mr. Lujan; H.R. 2975, Mr. Burlison of Missouri; H.R. 3030, Mr. Lloyd of Cali- fornia and others; H.R. 3507, Mr. Steiger of Arizona and others; H.R. 3508, Mr. Steiger of Arizona and others; H.R. 3656, Mr. Krebs; H.R. 5563, Mr. Chappell; H.R. 5568, Mr. Clausen of California; H.R. 5589, Mr. Johnson of California and others; H.R. 5893, Mr. Udall; H.R. 7788, Mr. Krebs and others; H.R. 7819, Mr. Krebs and others; H.R. 9265, Mr. Roncalio; H.R. 10618, Mr. Lloyd of California; H.R. 11143, Mr. Lloyd of California and others; H.R. 12458, Mr. Bafalis; H.R. 12821, Mr. Symington; H.R. 14524, Mr. Udall and others; H.R. 14530, Mr. Symington and others; H.R. 14779, Mr. Alexander; S. 74; S. 75; S. 392; S. 1026; and S. 1391. 57-006 2 3 BACKGROUND AND NEED Although the wilderness areas and wilderness study areas in H.R. The Wilderness Act of September 3, 1964, (78 Stat. 890), designated 15446 are widespread throughout the country and differ markedly in 54 wilderness units containing about 9.3 million acres, all in the Na- size, ecological diversity and uses, each has the common characteristic tional Forest System, as the nucleus of the National Wilderness Pres- of being wild, undeveloped Federally administered land capable of ervation System. Section 3 (b) of that Act directed the Secretary of being managed in an untrammeled, wilderness condition. Agriculture to review, within ten years, certain areas within the Na- tional Forest System to determine suitability or nonsuitability for SECTION-BY-SECTION ANALYSIS preservation as wilderness. The Secretary of the Interior was also directed by Sec. (c) to review certain areas in the National Park Section 1 is the designation of wilderness areas in the National Wild- and National Wildlife Refuge Systems for the same purpose. The two life Refuge System as follows: Departments were required to submit their recommendations to the Sec. 1 (a). Simeonofff Wilderness, Alaska President who, after appropriate review, was directed to submit his Simeonof Wilderness contains 25,140 acres within the Simeonof recommendations as to wilderness suitability or nonsuitability of each National Wildlife Refuge, Alaska. Established by Public Land Order such area to the Congress. A recommendation of the President for in 1958 as a refuge for the preservation and propagation of sea otter designation as wilderness becomes effective only if provided by Act and other native wildlife and situated in the eastern most part of the of Congress. The Wilderness Act was the first land conservation measure requir- Shumagin Island group in the Gulf of Alaska, Simeonof National ing public input into Federal land management decision making. In Wildlife Refuge embraces about 25,271 acres of emerged lands on addition to the administrative review process outlined above, Sec. Simeonof Island and adjacent Murie Islets and 14,418 acres of sur- (d) required public notice, public hearings, and review by state and rounding submerged land and tidal water. Simeonof Island, about six local agencies and governmental institutions, prior to development miles long and almost as wide, is almost divided in two, but remains of agency recommendations to the President. The Act affects neither connected by a sandspit at the head of Simeonof Harbor. This harbor, the President's authority to make recommendations to the Congress nearly two miles long, affords excellent protection from the many vio- nor the authority of Congress to enact legislation absent an agency lent storms that occur in the area. Climate is maritime with cloudy, cool summers and relatively mild winters. recommendation. Since enactment of the Wilderness Act, the Committee on Interior Grazing of domestic livestock was authorized by the establishing and Insular Affairs has added seventy-one wilderness units totalling order, under the administration of the Bureau of Land Management. about 4.1 million acres in the National Wildlife Refuge and National The order stipulated that grazing use would be limited to one grazing Forest Systems. H.R. 15446 would add five more wilderness units in lessee at any one time, and that it was to be compatible with wildlife the National Forest System (about 300,115 acres) and fifteen wilder- refuge purposes. This limited grazing activity, compatible with the ness units in the National Wildlife Refuge System (about 123,246 primary management objective of the refuge, will not be affected by acres) to the National Wilderness Preservation System. Seven wilder- wilderness designation. The Wilderness Act specifically provides that previously established livestock grazing may continue in a wilderness ness study areas in National Forests containing about 500,018 acres area. also are designated. Studies will be made of these potential wilderness units and recommendations forwarded to Congress for consideration On October 30, 1958, Public Land Order 1749 withdrew the public within a maximum time period specified for each wilderness study lands, tidelands and adjacent waters from all appropriation under the public land laws and reserved the Simeonof National Wildlife area. Placement of these new wilderness units, located in fifteen states, Refuge. In a legal opinion dated November 13, 1970, the Associate Solicitor of the Department of the Interior found that all the tide- does not change agency jurisdiction or administration." Also, designa- lands and submerged lands within the boundary of PLO 1749 remained tion as wilderness is within and supplemental to the primary pur- Federal lands at the time of admission of Alaska to statehood. The poses for which each National Forest or National Wildlife Refuge was established and is administered which means that although wilderness finding was based on section (e) of the Alaska Statehood Act which, after providing for the transfer of certain fish and wildlife activities areas will be managed in accordance with the applicable provisions to the State of Alaska, states: "Provided, That such transfer shall not of the Wilderness Act, existing laws guiding administration of Na- tional Forest and National Wildlife Refuges are not changed by wil- include lands withdrawn or otherwise set apart as refuges or reserva- tions for the protection of wildlife nor facilities utilized in connection derness designation. For example, National Wildlife Refuge Systems areas are closed to public recreation use until opened. Thus, wilderness fisheries or wildlife." therewith, or in connection with general research activities relating to designation does not automatically open a wildlife refuge to public While Alaska natives do not presently utilize Simeonof National use and furthermore, when opened for public use such use remains limited to those kinds of activities which the agency has been granted Wildlife Refuge for hunting, fishing or other subsistence purposes, by law to permit; namely, wildlife oriented recreation, not necessarily wilderness status would not change these activities nor prevent future such uses in the event that in the future they should be permitted. The wilderness oriented types of recreation. Wilderness Act (Sec. 4 (a)) is specific in its intent that wilderness 4 5 designation is supplementary to the purposes for which an area is administered. Thus, if in the future the Secretary of the Interior are owned by the State of Florida. These navigable waters are not should find that hunting and fishing activities by Alaska natives, or included in the wilderness and will still be under the jurisdiction of anyone else, would be desirable, wilderness designation would not the State. Wilderness designation does not change existing fishing, prevent opening the area to such activities since laws governing ad- guiding and boat uses, since such uses not only are traditional, well ministration of the wildlife refuge remain paramount. established uses, but the navigable waters on which they take place The Alaska Native Claims Settlement Act provides that certain are not within the wilderness or wildlife refuge. Further, even if the villages located within a national wildlife refuge may select a limited waters were not controlled by the State of Florida, the Wilderness Act amount of acreage from that wildlife refuge; such lands to be replaced and Sec. 6 of H.R. 15446 specifically provide that the use of aircraft elsewhere in the State. There is no native village on Simeonof Island and motor boats, where these uses have already become established, and no lands have been withdrawn for possible selection by Alaska may be permitted to continue subject to such restrictions as the Secre- Native groups. Thus, there is no conflict with land selections by Alaska tary of the Interior deems desirable. Thus, current uses, including natives contemplated in other islands in the Shumagin Island group. water access to and use of private lands not yet acquired for wildlife refuge purposes, will not be denied by wilderness establishment. Sec. 2(b). Big Lake Wilderness, Ark. Big Lake Wilderness contains about 2,600 acres within the 11,038 Sec. 1(d). J. "Ding" Darling Wilderness, Fla. acre Big Lake National Wildlife Refuge, located in Mississippi J. N. "Ding" Darling Wilderness contains about 2,825 acres within County, Arkansas, in the extreme northeastern part of the state. The the 4,755-acre J. N. "Ding" Darling National Wildlife Refuge, located wildlife refuge is situated about 20 miles west of the Mississippi River in Lee County, Florida, about 20 miles southwest of Fort Myers. In- and was established by Executive Order, August 1915, as the Big Lake cluded in the wilderness are two deletions totalling about 90 acres Reservation primarily to provide waterfowl migration habitat in the which were proposed by the Administration: (1) a 3.62-acre-wide pe- Mississippi Valley. ninsula at the northern tip of the area; and (2) a 150-acre zone extend- The Big Lake Wilderness lies along the northeast side of the wild- ing along a small dike used as a wildlife viewing trail and Tarpon life refuge and is largely a virgin stand of cypress and forested swamp. Bay on the edge of the wildnerness. It is thought that the cypress invaded the area as a result of changes Sec. ((e). Lake Woodruff Wilderness, Fla. that occurred during the New Madrid Earthquake. The area is main- tained in its natural state at the present time, and there are no plans Lake Woodruff Wilderness contains about 1,146 acres within the for future management. In addition to the 1,818 acres recommended 18,417-acre Lake Woodruff National Wildlife Refuge, Volusia County, by the Department of the Interior, the Committee received testimony east-central Florida. The wildlife refuge contains 11,440 acres of at the hearing on July 29, 1976, urging inclusion of about 800 acres marsh, 4,786 acres of timber, 1,206 acres of upland, and 984 acres of to the south of the administration's proposal. The area contains some streams, lakes and other water areas. The wildlife refuge lies wholly of the most impressive forest swampland in the wildlife refuge. The within the flood plain of the St. John's River, which is the largest Department of the Interior witness appearing before the Subcommit- river entirely in the State of Florida and is one of the few large, north- erly flowing rivers in the United States. tee on Public Lands stated that, while there may be opportunities for improving fishing in the extension, there-were no specific plans to do so, The Migratory Bird Conservation Act provided the authority for feasibility studies had not been conducted, and the Department did not establishing the wildlife refuge, and the Migratory Bird Hunting Stamp Act (the so-called "Duck Stamp Act") provided the funds for oppose inclusion of this area as wilderness. acquiring the lands. Acquisition, which is not complete and entirely Sec. (c). Chassahowitzka Wilderness, Fla. from private owners, was initiated in 1961. The wilderness consists of Chassahowitzka Wilderness contains approximately 23,360 acres six islands-Dexter Island, Audulsen Island, Bird Islands (3) and within the 30,514 acre Chassahowitzka National Wildlife Refuge, St. Francis Island-located within the external boundaries of the wild- Citrus and Hernando Counties, Florida. Located four miles south of life refuge. There is a 40-acre inholding on Dexter Island which the Homosassa Springs, the wildlife refuge was established in 1943 under U.S. Fish and Wildlife Service is in process of acquiring and which the authority of the Migratory Bird Conservation Act. Lands have will become wilderness automatically upon being acquired. Meanwhile, been acquired since that time from private landowners and, in one this tract will be administered like any other inholding within a wil- part of the wildlife refuge, submerged bottom lands were purchased derness area and the applicable provisions of the Wilderness Act from the State of Florida. Land acquisition is not yet complete, within relative to access and continued use will apply. the boundary of the area designated as wilderness. As lands are Approximately 90 percent of the public use on the wildlife refuge is acquired they will be included automatically in the wilderness and the for fishing. In addition to fishing, the area offers opportunity for en- acreage adjusted accordingly. The State of Florida owns and controls vironmental education, nature study, wildlife watching, photograph- uses on the navigable waters in the wildlife refuge. ing, and other wildlife oriented activities. Wilderness designation Although bottom lands in a portion of the wilderness are Federally would not change or modify existing public uses, nor expand the types owned, the water column and surface throughout the wildlife refuge of recreation permitted under existing law governing recreational uses in National Wildlife Refuges. 6 7 Sec. 1(f). Crab Orchard Wilderness, Ill. the eastern edge of the famous prairie pothole country of North Crab Orchard Wilderness encompasses approximately 4,050 acres America. This ecological location is in an area of several habitat types within the 42,970 acre Crab Orchard National Wildlife Refuge, Union which are attractive to a great variety of wildlife species. County, Illinois, located about 50 miles north of the confluence of the The wilderness area is in the northern portion of Agassiz National Mississippi and Ohio Rivers. The wildlife refuge contains a variety Wildlife Refuge consisting principally of a spruce-tamarac bog habi- of habitats including three large lakes and 61 smaller lakes and ponds. tat type with two lakes, Kuriko and Whiskey, within the bog. There Crab Orchard Lake is the largest, comprising 6,910 acres, while Devils is, and has been, no past development or management in the wilderness. Kitchen and Little Grassy contain 810 and 1,000 acres, respectively. The wilderness is currently used by environmental education groups The 4,050-acre area wilderness lies between Devils Kitchen Lake and and big game hunters, and these uses would not be affected by wilder- the south boundary. It includes the roughest terrain and is the most in- ness designation. accessible and isolated area on the wildlife refuge. A county road run- ning north and south through the proposal divides the area into two Sec. 1(i). Tamarac Wilderness, Minn. units. Since the road is an access route to private lands south of the Tamarac Wilderness contains 2,138 acres within the 42,485-acre refuge, it is not included in the wilderness. Tamarac National Wildlife Refuge, Minnesota. Situated in the rolling timberlands of northwest Minnesota in Becker County, 18 miles north- Sec. 1(g). Lacassine Wilderness, La. east of Detroit Lakes, Tamarac National Wildlife Refuge is just a few Lacassine Wilderness contains approximately 3,300 acres in the miles east of the eastern edge of the tall grass prairie. The wildlife 31,776-acre Lacassine National Wildlife Refuge located in Cameron refuge lies among many lakes, wooded potholes, bogs and marshes Parish, Southwestern Louisiana, about 25 miles from the Gulf of Mex- which fill depressions left by receding glaciers. Within the wildlife ico. Lacassine National Wildlife Refuge was established by Executive refuge are 17,650 acres of wetland habitat consisting of 21 large lakes Order in December 1937 under the authority of the Migratory Bird which lie wholly within the refuge and four other lakes, a part of Conservation Act. Monies for acquiring lands from private ownership which is contained within the refuge, 2,311 acres of potholes, 3,657 stemmed from various sources. Former owners reserved the mineral acres of shrub swamps, 2,120 acres of wooded swamp and 2,744 acres rights on over 17,000 acres: however, none of these lands are situated of bogs. About 26,000 acres of the refuge are timber. Much of it is within the wilderness. The Intercoastal Waterway transects the south- second growth aspen and upland hardwoods with extensive areas of ern portion of the wildlife refuge. Corps of Engineers dredging ac- dense hazelbrush understory. The primary tree species are trembling tivities which involve easements for deposition of spoil can be accom- and big tooth aspen, jack pine and mixed hardwoods. Terrain is char- modated on areas outside the wilderness. The wilderness area is located acterized by successive ridges and lakes with elevations ranging from south of the canal, which isolates the area from the remainder of the 1,440 to 1,600 feet above mean sea level. wildlife refuge. While much of the wildlife refuge is actively managed to meet wild- Because of the limited access, public use remains relatively low life objectives, there are several units which are preserved in a natural with about 11,000 annual visitation recorded. Most visitors use the state. Among thees are three islands in Tamarac Lake totalling 65 acres wildlife refuge for fishing and waterfowl hunting purposes. Use of and a 2,073-acre unit in the northwest corner of the refuge determined motorboats for fishing and transportation to waterfowl hunting loca- to be qualified for wilderness designation. The area in the northwest tions are traditional uses in the wilderness portion of the wildlife corner of the refuge has one of the few remanent stands of old growth refuge. Such use occurs in navigable waters technically not in the white pine left in the area. The headwaters of the Egg River, a tribu- wilderness. Further, the Wilderness Act (Sec. 4(d) (1)) recognizes tary of the Red River of the North, and Little Egg Lake are encom- that previously existing motorboat use may continue and Sec. 6 of passed by the wilderness. Nesting bald eagles, a wildlife species re- H.R. 15446 adopts this specific provision. Hunting and fishing activi- quiring seclusion during the breeding period, and several nesting ties are not precluded by wilderness designation. osprey enhance the wilderness quality of the area. Sec. 1(h). Agassiz Wilderness, Minn. Sec. 1(j). Mingo Wilderness, Mo. Agassiz Wilderness consists of about 4,000 acres within the 61,487- Mingo Wilderness encompasses about 8,000 acres within the 21,646- acre Agassiz National Wildlife Refuge located in extreme northwest- acre Mingo National Wildlife Refuge, Stoddard and Wayne Coun- ern Minnesota, about 40 miles from the Canadian border. The Red ties, Missouri. Located on the edge of the Ozark Mountains in South- River of the North, forming the North Dakota-Minnesota boundary, east Missouri near the town of Puxico, Mingo National Wildlife Ref- is about 50 miles to the west. The terrain is extremely flat, the bottom uge was established in 1944 under the authority of the Migratory Bird of what was once a vast lake during the close of the last glacial period. Conservation Act. Lands and waters within the wildlife refuge have Formerly known as Mud Lake Refuge, the area occupies a small bay been acquired from private landowners with income from the sale of of prehistoric Lake Agassiz, for which it was renamed in 1961. The "Duck Stamps" as the source of land acquisition funds. wildlife refuge is situated within a transition zone between what was The most prominent feature of the Mingo Wilderness is Monopoly originally tall grass prairie and Minnesota's "coniferous forest" along Lake, which contains a swamp ecosystem that is unique in the central United States. While Monopoly Lake and the swamp of which it is 8 9 an integral part were subjected to exploitation and drainage schemes running through it. A 200 acre natural ponderosa pine area is in the in the early part of this century, the area has since reverted to its nat- wilderness. This wilderness area serves as a winter pasture for buffalo. ural swamp condition and wildlife habitat and populations restored. Occasionally, wildlife occurs in this section of the wildlife refuge Regeneration of the swamp has occurred primarily because of the care- and will be controlled using mechanized equipment when required, an ful and expert management by the U.S. Fish and Wildlife Service, activity permitted by the Wilderness Act. Wilderness designation does applying scientific habitat management principles in the highest sense. not change an existing cooperative agreement with the Valentine Rural By carefully regulating water levels in the lake, the agency has been Fire Protection District. There would be no change in public use of the able to recreate the natural water regime which existed prior to exploi- area as a result of wilderness designation. In addition, there will be tation and which is essential to continuance of the natural swamp eco- no change in receipts received by Cherry County pursuant to the system. An area within the wilderness, located in the southwest part of Refuge Revenue Sharing Act, which is 25 percent of the net receipts the wildlife refuge contains two of the five research natural areas in from the surplus animal disposal program, presently amounting to the wilderness. While oak timber was selectively cut in this area in between $5,000 and $10,000 annually. the 1960s. the harvest was small, the cut substantially unnoticeable Sec. 1 (m). Swanquarter Wilderness, N.C. and the site is now indistingushable from the adjacent area recom- Swanquarter Wilderness contains about 9,000 acres within the mended by the U.S. Fish and Wildlife Service. Evidence received at 42,583-acre Swanquarter National Wildlife Refuge, North Carolina. hearings indicates that the area contains no fenced fields, no moist The wildlife Refuge was established under the authority of the Migra- soil areas, vehicle trails or public use facilities. All of these works are tory Bird Conservation Act and was activated in June 1932 when located outside the boundary of the wilderness. 15,000 acres were purchased from private landowners. In 1953 an Sec. 1(k). Red Rock Lakes Wilderness, Mont. additional 27,000 acres of water adjacent to the refuge were closed to Red Rock Lakes Wilderness consists of approximately 32,350 acres hunting by Presidential proclamation. Since that time acquisition has within the 40,300 acre Red Rock Lakes National Wildlife Refuge, been completed. Nearly 100,000 visitors visit Swanquarter National Beaverhead County, Montana. The wildlife refuge was established by Wildlife Refuge each year. Most come to fish, and a large number, Executive Order in 1935. A majority of the wildlife refuge was ac- approximately 48,000 come to observe wildlife. Wilderness designation quired from private landowners under authority of the Migratory of a portion of the wildlife refuge does not, in and by itself, change Bird Conservation Act and Migratory Bird Hunting Stamp Act. present public use nor authorize certain uses not now permitted. The Red Rock Lakes National Wildlife Refuge is located about Sec. (n). Oregon Islands Wilderness (Addition), Oreg. 6,000 feet above sea level in the small Centennial Valley, a few miles In 1970 the Congress included the Oregon Islands National Wildlife north of the Continental Divide. The valley is encircled by mountains Refuge (one island containing 21 acres) off the Oregon Coast to the of the Centennial and Gravelly Ranges. Two large, shallow lakes, National Wilderness Preservation System by enactment of Public Law Upper and Lower Red Rock Lakes, and their extensive marshes and 91-504. Since then, by Public Land Order, 28 more islands, islets, rocks meadows enhance scenic and wildlife qualities. Hunting and fishing and reefs containing 346 acres, have been added to the single island are popular actities. Waterfowl hunting is permitted on lower Red Oregon Islands National Wildlife Refuge and two more reefs (Blanco Rock Lake and moose and antelope hunting is also permitted. Wilder- and Rogue River) and 26 more rocks, islands and islets containing 113 ness designation would not change these public uses. Previously exist- acres have been proposed for wildlife refuge status. All have been ing motorboat use for public safety purposes would not be precluded studied for wilderness suitability and public hearings held. The latter by wilderness designation. Eighteen livestock permittees are licensed group are in process of being added to the wildlife refuge by Secre- to graze about 15,000 AUM's on the wildlife within and without the tarial order and will be included in the wilderness when the transfer wilderness. Grazing is a permitted activity in wilderness areas and process has been completed. will be continued. The rugged rocks, islands and reefs of this 55 island wilderness vary Sec. 1(l). Fort Niobrara Wilderness, Nebr. greatly. Many are over 100 feet high; many frequently are awash Fort Niobrara Wilderness contains approximately 4,635 acres within by the surf. Some are bare rock; others support a modest cover of low the 19,123 acre Fort Niobrara National Wildlife Refuge, Cherry growing vegetation. They have remained undeveloped because of their County, Nebraska. Formerly a part of a military reservation estab- small size (up to 20 acres), Federal ownership, and generally inhos- lished in 1879, the wildlife refuge was created in 1912 by Executive pitable character. They extend from near Tillamook Head to Twin Order. It is situated in north-central Nebraska, eight miles south of Rocks and are within a half mile of the Oregon Coast in most places. the South Dakota line and is managed primarily to support herds of Sec. 1 (o). San Juan Islands Wilderness, Wash. American bison, elk and Texas longhorn cattle. San Juan Islands Wilderness contains 355 acres within the 648 acre The Niobrara River divides the wildlife refuge into two well defined San Juan National Wildlife Refgue, Washington. The islands are units. The area north of the river is high bench land. Six deep canyons located in the San Juan Archipelago which is believed to be a sub- divide the bench land diagonally from northwest to southeast. The merged extension of the Olympic Mountains. wilderness area encompasses this area and the Fort Niobrara River H. Rept. 94-1562-76--2 10 11 Public Land Order 5515 issued August 27, 1975, consolidated four national wildlife refuges (San Juan, Matia Island, Jones Island and principal factor in continued herd growth and viability is the preserva- tion of a natural condition which wilderness designation insures. The Smith Island) into a single San Juan Islands National Wildlife Ref- uge. It also added some 58 islands, which up until that time had been Forest Service proposed to declassify the Whiskey Mountain portion a part of the public domain, to the wildlife refuge. In a more recent of the Glacier Primitive Area SO that a cooperative bighorn trapping program now conducted on several sites outside the area could be action, Public Land Order 5594 added 16 more islands to the wildlife expanded if determined to be necessary in the future to include another refuge. A total of about 200 islands are found in San Juan, Skaqit and Whatcom Counties in the State of Washington, and at the present time site within the area. Yet, in the event that the herd reduction program, 84 such islands are in the San Juan Island National Wildlife Refuge. through trapping and transplanting, should have to be expanded be- Eighty of these islands are within the wilderness. The boundary of all yond its existing capability, the Wilderness Act provides ample flexibil- wildlife refuge islands-and the wilderness-coincides with mean high ity for managers to intiate and carry out such a temporary program. tide. The State of Washington controls adjacent submerged lands. Section 4 (a) provides that wilderness designation is to be supplemental to the purposes for which National Forests are established and ad- With the exception of Matia Island, which has a mixed evergreen- deciduous stand of trees, the islands are covered with sparse, low grow- ministered. The primary purpose for which the Whiskey Mountain ing vegetation. A small freshwater pond is found on Matia Island. unit is administered is preservation of bighorn sheep habitat and, Section 2 is the designation of wilderness areas within the National in cooperation with the Wyoming Game and Fish Department, reg- Forest System as follows: ulation of herd size. Therefore, the Forest Service not only is charged with the responsibility of continuing to preserve the habitat Sec. 2 (a). Fitzpatrick Wilderness, Wyo. of the bighorns by wilderness designation, but is permitted by section Fitzpatrick Wilderness, formerly the Glacier Primitive Area, is a 4(c) to utilize motorized vehicles temporarily if found to be the part of the Shoshone National Forest in the State of Wyoming. Lo- "minimum necessary" to accomplish that purpose. Section 4(c) does cated in western Wyoming, east of the Continental Divide in the Wind not state categorically that vehicles cannot ever be used in a wilderness River Range, Fitzpatrick Wilderness contains approximately 200,000 because of the disclaimer (underlined) " except as necessary to acres. The topography of the wilderness is very rough with high meet minimum requirements for the administration of the area for jagged peaks, deep precipitous canyons, and large alpine plateau cov- the purposes of this Act. There shall be no use of motor ered with rock. Gannet Peak, the highest mountain in Wyoming, ris- vehicles. ") Of course, temporary use of a vehicle to transport big- ing to 13,804 feet in elevation, lies within the wilderness as well as horns which have been trapped in a temporary exclosure must be seven other peaks exceeding 13,000 feet in elevation. Active glaciers conducted in a fashion SO as to meet the management requirements of dominate the higher elevations of the Wind River Range in the wilder- section 4(b) which charge the agency with preserving the wilderness ness. Headwaters of a number of creeks, all tributaries of the Wind character of the area. River, including Bull Lake, Dinwoody, Dry, Torrey and Jakey's Fork The Committee agreed with the Forest Service recommendation Creeks are within the wilderness. to declassify areas 1 and 2 from Primitive Area status in order to The U.S. Geological Survey and Bureau of Mines, Department of provide space for a trail head facility and to draw wilderness boun- the Interior, conducted a field investigation of the area and published daries on features more easily identifiable to the public. a combined report (Geological Survey bulletin 1319-F, Mineral Re- Tom Fitzpatrick was a noted mountainman, fur trader, guide to sources, Glacier Primitive Area, Wyoming) concerning minerals in early settlers, Indian benefactor and contemporary of Jim Bridger the wilderness. The study disclosed no mineral deposits that can be after whom the Bridger Wilderness, adjacent to the Glacier Primitive mined economically, and found that none of several mineralized locali- Area, was named. ties appear to have possibilities for future development. A small por- tion of the wildernes, some 11,200 acres of suitable forage land, is uti- Sec. 2(b) (1). Kaiser Wilderness, Calif. lized for grazing purposes. Five cattle and horse range allotments and Kaiser Wilderness is within the Sierra National Forest in the one sheep allotment are wholly or partially within the wilderness. State of California. Located beyond the north shore of Huntington Carrying capacity is minimal. Previously existing livestock grazing Lake on the west slope of the Sierra Nevada, in Fresno County, about mav continue in a designated wilderness area. 65 miles northeast of Fresno, the area contains about 22,500 acres. The world's largest bighorn sheep herd ranges, in the summer The Wilderness area includes both a virtually treeless crest, dominated months, are located throughout the Whiskey Mountain area, Jakey's by 10,300 foot Kaiser Peak, and a virgin forest around the crest Fork area and areas south of the Simpson-Marion Lake Basin. The beginning at about the 5,000 elevation level. The forested area con- bulk of the important bighorn sheep habitat contained in these areas tains mixed conifers and black oak. At a slightly higher elevation in was not recommended by the Forest Service for designation as wil- the forested zone is a climax forest of white and red fir with scattered derness. Yet, the natural pristine nature of the habitat in these areas clumps of sugar pine, western white pine, Jeffery pine and Ponderosa is the singular factor required by bighorn sheep for survival. The pine. Many of the fir species are hundred of years in age. The Kaiser welfare of the bighorn sheep is a primary management consideration Wilderness provides a natural scenic backdrop to Huntington Lake, a throughout the northern portion of the Fitzpatrick Wilderness. The popular recreation area, especially for sailing and other water 12 13 sports. The area in the vicinity of the lake and the wilderness is a totaling only 50,000 board feet, mostly eastern red cedar. There are no popular recreation area used extensively by family groups and- private mineral rights in the area and no known mineral resources of commercial value. Although often valuable from a resource evaluation organizations. The Kaiser area was reviewed during the 1972-73 Forest Service standpoint, the Wilderness Act does not require official mineral sur- Study of National Forest roadless areas containing 5,000 acres or more. veys prior to admission of an area into the Wilderness System. As a result of the Roadless Area Review Evaluation (RARE) pro- Sec. 2(b) (3). Manzano lountain Wilderness, N. M ex. gram, a limited number of wilderness study areas, mainly in western National Forests, were selected for future study and review as candi- Manzano Mountain Wilderness, a part of the Cibola National Forest, dates for inclusion in the National Wilderness Preservation System. New Mexico, is located along the west slope of the Manzano Mountains about 27 miles southeast of Albuquerque. The Kaiser roadless area was not selected for further wilderness Timber within the area encompassed by the wilderness is of low review. The primary controversy surrounding wilderness designation for the to moderate quality and much of it is on steep, inaccessible slopes. Kaiser Roadless Area involves the impact of timber harvesting on the Forest Service Timber Management plans do not call for the harvest area. The Forest Service estimates that there are about 530 million of any trees in the wilderness area. Timber harvest does occur on the board feet of timber, largely old growth, within the area which could eastern slope of the Manzano Mountains but not within the wilderness. sustain an annual harvest of about 5 million board feet. In the short Mineral resources are likewise small. There is no known mineral po- term, the most recent Forest Service estimates indicate that it plans tential, no active mining and no prospecting activity within the wild- erness area. to offer three timber sales totaling 85 million board feet. As reported by the Committee the Aspen-Horsethief timber sale area and a portion The Manzano Wilderness was identified and reviewed by the Forest of the Homecamp sale area were deleted from the Kaiser proposal and Service in its Roadless Area Review and Evaluation program about two-fifths of the timber volume area was restored to multiple (RARE) and selected as a new wilderness study area. The area re- use management. Wilderness designation does not appear to pose a ceived widespread public scrutiny and substantial public support serious threat to the Forest Service's timber sale program in the Sierra during the RARE process and the later Manzano Mountain land use National Forest. The amount of timber involved-approximately 3.5 planning program during which the area has been studied in some million board feet annually over the long term-represents only about detail. The wilderness is virtually identical to the area selected by the Forest Service for wilderness review. 2 percent of the total annual allowable cut for the entire Sierra Na- tional Forest. In the short term, the local mills now have about 300 Sec. 2(b) (4). Sandia ountain Wilderness, N. Mex. million board feet of timber currently under contract. This represents Sandia Mountain Wilderness, within the Cibola National Forest, an inventory equivalent to about two years of sale volume for the For- New Mexico, consists of two units along the western face of the rugged est. Also, the Forest Service has identified approximately 3.7 billion Sandia Mountains, overlooking the City of Albuquerque. The north board feet of timber on the Sierra National Forest which comprises Sandia Peak unit contains about 14,500 acres and the south Sandia the present five-year planned timber sale program. This timber is Peak unit contains about 16,200 acres. located on approximately 122,000 acres in 54 individual sales areas and The most striking feature of Sandia Wilderness is the great escarp- could provide ample timber for substitute sales, without compromising ment of jagged granite, topped with limestone rimrock running the proper sale planning and the overall timber sale program on the Sierra length of the western crest. Rising abruptly, and almost vertically, the National Forest. crest of the Sandia Mountains is some 4,000 feet higher in elevation Sec. 2(b) (2). Hercules-Glades Wilderness, Mo. than the desert foothills running north and south along the bottom of Hercules-Glades Wilderness, containing 12,325 acres within the the escarpment. The eastern part of the Sandia Mountains, not within Mark Twain National Forest, is located in Taney County, Missouri, the wilderness, inclines more gently, is more moist than its dry, brown, about 60 miles southeast of Springfield. western counterpart and contains dense, green aspen and fir forests. The general topography of the Hercules-Glades Wilderness is a sys- Due to ruggedness of the terrain, and limited forest resources in the tem of east-west ridges rising up to 600 feet above adjacent valleys. wilderness, timber harvest is not permitted nor has it occurred in the past. Highest elevation is 1,382 feet. The area is characterized by forest growth of oak and hickory interspersed by large open glades support- The Forest Service has excluded grazing in the past to protect the ing a tall grass prairie community of plants. The glades occur on both fragile nature of soils and vegetation and plans to continue to exclude hilltop balds and sloping hillsides. Hercules-Glades Wilderness is a it. There are no known mineral resources in the area and no current unique combination of open grassy balds. forested knobs, diverse vege- activities. Prospecting has yielded no mineralization. Portions of the tation and accompanying animal associations. Many small springs and area have been withdrawn from mineral entry to protect many small seeps are found in the area providing a good flow of high quality of springs which contribute, along with rain and snow runoff, to the water. underground water table on which the City of Albuquerque depends. The Wilderness contains no private lands within its boundaries. The Sandia Wilderness was identified and reviewed by the Forest Forest resources within the Hercules-Glades Wilderness are minimal, Service during its Roadless Area Review and Evaluation (RARE) 14 15 program in 1972-73. Neither of the two roadless areas with the wild- a future wilderness study area by the Forest Service. The acreage erness area was selected for further wilderness study, despite strong of the area selected by the Forest Service does not encompass the public sentiment urging such classification. Later, after the roadless entire range of the bighorn sheep herd. area review, the Forest Service prepared a land use plan for Sandia Mountain and once again public sentiment was strong for wilderness Sec. (b) (2). Snow Mountain Wilderness Study Area, Calif. classification. In response, the Forest Service selected a small, 7,500- The Snow Mountain Wilderness Study Area is situated within the acre wilderness study area, and rejected the remainder, but announced Mendocino National Forest, in the State of California. Located in plans to manage the Sandias essentially as wilderness through admin- the Northern Coast Range west of Willows, California, and about istratively designating the mountains as a "scenic area", primarily for 120 miles north of San Francisco, the 37,000-acre wilderness study primitive recreation and preservation of scenic qualities. However, one area is the last remaining roadless area in the Mendocino National of the stated purposes of the RARE program was "to locate some new Forest. The Wilderness study area includes all of Snow Mountain, wilderness areas that are close to concentrations of people so more peo- the Middle Fork of the Stoney Creek Watershed and much of St. ple can directly enjoy the benefits" (page 25, final environmental state- John Mountain. Snow Mountain is the southern most high peak in ment, Roadless and Undeveloped Areas, U.S. Forest Service, October the North Coast Range, reaching an elevation of 7,056 feet above sea level. 1971). The Sandia Wilderness meets this objective, since every citizen Straddling the summit of the Coast Range, the Snow Mountain of Albuquerque "enjoys" the Sandia Mountains every single day; not Wilderness Study Area contains valuable watersheds and water in an on-site recreational way, but in the view the wilderness provides produced in the area flows eastward into the Sacramento River Basin for everyone. and to the Eel River Basin on the West. The center of the wilderness Section 3 designated seven wilderness study areas in National Forests to be reviewed by the U.S. Forest Service and subsequently study area is Snow Mountain itself, a relatively flat topped mountain. Upper elevations contain pure stands of red fir interspersed with referred back to the Congress, with Presidential recommendations, in accord with a specified time period, which is the maximum time natural openings which are mostly barren, consisting of bare rock permitted to complete reviews. The Committee expects that the Presi- and erosion pavement. Mid elevation slopes of the mountain are steep and covered with oak brush on the south and west, with stands of dent will submit his recommendations on the western areas in a shorter time period than that specified. The agency is required to mixed conifers on the north and east. Ponderosa pine is the predomi- follow the review process of the Wilderness Act, i.e., public notice, nant species in general forest zone. Several rare and unusual plant species are present and wildlife is abundant. The Middle fork of public hearings, and review by state and other agencies on the results Stoney Creek is a fine trout stream with a good sustained summer flow. of field reviews. The Forest Service reports to the President its recom- mendations and the President, in turn, submits his recommendations In 1974, Commander Industries logged approximately 600 acres to the Congress. The areas included in the bill are as follows: in the northwestern portion of the proposed wilderness study area- the Crockett Peak unit-pursuant to a contract awarded in June Sec. (b) (1). Sheep Mountain Wilderness Study Area, Calif. 1970. Prior to the logging of the Crockett Peak unit the Forest Service The Sheep Mountain Wilderness Study Area is located in the and the California Attorney General's Office agreed to a settlement Angeles and San Bernardino National Forests in the State of Cali- out of court which precluded the cutting of an adjacent 2,230-acre fornia. Situated within an hour's drive of the Greater Los Angeles area known as the Pocket portion of the Crockett Peak unit. Under area and, thus, 10 million people, the 52,000-acre wilderness study the conditions of the settlement. the Forest Service allowed the timber area has long been noted for its wilderness qualities and wildlife sale contract to expire on the uncut Pocket portion and agreed not resources dependent on those qualities for survival in an ever increas- to renew or extend the contract. The boundaries of the Snow Moun- ing artificial world. In addition to its wilderness values, the Sheep tain Wilderness Study Area include the Crockett Peak unit, despite Mountain area is important as habitat of the Nelson bighorn sheep, the fact that it has been selectively logged and a timber road built now considered vulnerable to extinction. Approximately 150 of these into it. The Forest Service impressed upon Commander Industries wilderness animals are dependent on the natural environment within the great public concern over the logging of this area. and as a result, the boundaries of the Sheep Mountain Wilderness Study area. The the company exercised great care in its selective cutting in this unit wilderness study area boundaries closely correspond to the boundaries and in the disposal of the slash. As this area is not highly disturbed of the present range of the bighorn sheep. and therefore may revert rather quickly to a natural condition, it is The Sheep Mountain area was reviewed during the 1972-73 Forest worthy of wilderness study. The amount of harvestable timber in the Service study of National Forest roadless areas containing 5,000 wilderness study area is not large and is estimated to be 2 million acres or more. As a result of the Roadless Area Review Evaluation board feet or about 2 percent of the total allowable cut in the Mendo- (RARE) program a limited number of wilderness study area, mainly cino National Forest. in western National Forests, were selected for future study and review as candidates for inclusion in the National Wilderness Preser- Sec. (b) (3). Bell Mountain Wilderness Study Area, Mo. vation System. A 31,680-acre Sheep Mountain area was selected as The Bell Mountain Wilderness Study Area includes about 8,530 acres within the Mark Twain National Forest in Iron County, a few 16 17 miles south of Belleview, Missouri. Bell Mountain is a long, loafshaped Sec. 3(b) (6). Rockpile Mountain Wilderness Study Area, Mo. igneous knob that stretches for several miles on a generally north- The Rockpile Wilderness Study Area, within the Mark Twain south axis. It is a massive landscape feature and landmark of the National Forest, is located in Madison County, southeastern Missouri. St. Francis Mountains, one of the oldest mountain ranges on the Containing 4,170 acres, the wilderness study area centers around a North American continent. This range includes the highest eleva- heavily wooded igneous knob, Rockpile Mountain, that rises up just tions and most ancient rocks in Missouri. east of the St. Francis River, namesake stream for the old mountain The Bell Mountain Wilderness Study Area is basically vegetated region. The wilderness study area consists essentially of the major por- with a combination of oak-hickory and oak-pine forests typical of tion of Rockpile Mountain plus a trail-topped connecting ridge lead- much of the St. Francis region. Rock, open "barrens" cover the east- ing from nearby Little Grass Mountain. The forest is composed mainly ern crest of the mountain as well as extensive swales across the upper of oaks, hickories and shortleaf pine. In one tiny protected ravine a slopes. In general tree growth on the barrens is limited to a few hardwood community has developed, apparently escaping past harvest scrubby specimens of post oak, blackjack oak, black hickory, or an because of its inaccessibility. This small site offers a glimpse of the occasional winged elm. All of the upper watershed of Joe's Creek, a original Ozark Forests. clear, tumbling stream, is included in the wilderness study area. The Rockpile Mountain Wilderness Study Area is a combination of Sec. 3(b) (4). Paddy Creek Wilderness Study Area, Mo. recreational, archaeological, geological and botanical features, all of The Paddy Creek Wilderness Study Area, consisting of about 6,888 which have a bearing on ultimate boundary locations. acres in the Mark Twain National Forest, is located near Roby, Mis- Sec. 3(b) (7). Great Bear Wilderness Study Area, M ont. souri. The study area boundary lies within the rough, timberland The Great Bear Wilderness Study Area consists of about 393,000 country of Texas County. While the area is relatively small, it is rich acres in the Flathead and Lewis and Clark National Forests, Montana. in geological formations including numerous small caves, waterfalls, The wilderness study area is mountainous and supports a wide variety small seeps, springs, erosion created valleys and hollows, and unusual of wildlife populations, both game and nongame. The mountains, val- rock formations arising out of dolomite bluffs and sandstone canyons. leys, and streams of the proposed wilderness are unexcelled for hiking, The Big and Little Paddy Creeks add further beauty to the area with hunting, backpacking, horseback trips, fishing, ski touring, whitewater their clear, high quality water. The plant life and fauna of the area boating, photography, and other outdoor activities. The Great Bear are also extensive, containing thick oak-hickory woods, picturesque Wilderness Study Area consists entirely of public lands. stands of shortleaf pines, and varied wildlife species. The Great Bear Wilderness Study Area provides habitat for two Since the 19th Century the general Paddy Creek area's high quality species of dwindling wilderness wildlife-the grizzly bear and the forests have provided a productive timber source. Robust hardwood west slope cutthroat trout. The steep mountainous terrain of the head- and pine forest has returned to the area within the wilderness study waters of the Middle Fork of the Flathead shelter one of the last free- area. The area contains established trails, grazing and hunting. The roaming grizzly bear populations in the contiguous United States. clear, high quality waters of Big and Little Creeks, together with the Grizzlies are true wilderness animals and require a wilderness condi- historical, geological and biological values encompassed by the Paddy tion for survival. The grizzly faces extinction mainly because man has Creek Wilderness Study Area, form the basis for the need to further steadily modified its habitat through settlement and development activ- study its wilderness potential. ities. The Great Bear Wilderness Study Area provides a vital wilder- Sec. 3(b) (5). Piney Creek Wilderness Study Area, Mo. ness habitat link between Glacier National Park on the north and the Bob Marshall Wilderness on the south. The Piney Creek Wilderness Study Area is located in Mark Twain National Forest, Missouri. Situated a few miles north of Shell Knob The general area encompassed by the Great Bear Wilderness Study in Barry and Stone Counties, the wilderness study area includes about Area was reviewed during a 1972-73 Forest Service study to determine 8,430 acres and virtually the entire watershed of one of the few undis- wilderness qualifications of National Forest System roadless areas turbed free-flowing streams left in southwestern Missouri. Piney containing 5,000 acres or more. As a result of the Roadless Area Re- Creek flows for about five miles through the wilderness study area be- view Evaluation (RARE) program a limited number of wilderness fore finally emptying into the Table Rock impoundment of what was study areas, mainly in western National Forests, were selected for once the James River. future study and review as candidates for inclusion in the National The basic forest type in the Piney Creek watershed is oak-hickory Wilderness Preservation System. Among those roadless areas selected and oak-pine. Not far from the western edge of the eastern deciduous for wilderness study are two such areas-the Middle Fork Continental forest, the wilderness study area reflects a marginal character in the Divide containing about 302,700 acres and the Rocky Mountain Face overall prevalence of post oak and blackjack oak. Sycamore, walnut Continental Divide containing about 62,100 acres-both within the and sugar maple may be found in the deeper hollows. boundaries of the Great Bear Wilderness Study Area and encom- Hiking is a popular recreational pursuit of the Piney Creek Wilder- passing about 95 percent of the total area. The U.S. Geological Survey ness Study Area and hunting, particularly turkey hunting, is a sea- and the Bureau of Mines have completed field work on a mineral survey sonal activity enjoyed by many seeking remote hunting areas inacces- of the two Forest Service Wilderness Study Areas and were engaged sible to vehicles. in field work the summer of 1976 on the remaining acreage within the H. Rept. 94-1562-76-3 18 19 Great Bear Wilderness Study Area. The wilderness character and potential of virtually all of the study area has been determined admin- policies and promulgate regulations for each wilderness study area istratively, and field mineral surveys have been completed on the bulk in order to control these uses SO as to maintain the wilderness char- of the area with the remainder scheduled for completion soon. acter of each study area and preserve its potential for inclusion in the As reported by the Senate, the wilderness study area contained National Wilderness Preservation System. The term "manner and about 378,000 acres, including about 20,000 acres located within the degree" means not only types of uses, but implementation of controls Blackfeet Treaty Rights Agreement of 1895. The Agreement allows to restrict such uses to time, place and area where already occuring. the tribe to cut and remove timber for houses, fences, and other pur- The Secretary is charged with the responsibility of maintaining the poses. This 20,000 acres has been removed from the wilderness study wilderness character of each wilderness study area and non-conform- area. In addition, the Senate-passed study area does not include the ing activities should not be permitted when the study area's potential roadless lands which the Forest Service itself selected for wilderness for inclusion in the Wilderness System is being impaired. For exam- study. In order to be consistent and avoid confusion, these areas, scat- ple, off-road vehicles use in the Snow Mountain Wilderness Study tered here and there along the Senate-passed boundary, have been Area will be regulated SO that such use is confined to an existing tem- included in the study area. With these two adjustments, the Great porary road while at the same time regulating numbers, including Bear area now contains about 393,000 acres. complete closure if need be, SO that a permanent road or trail is not cre- Section 3(c) contains directives which are intended to guide reviews ated through such use and the area's existing wilderness character of designated wilderness study areas as related to boundaries. This and potential changed. subsection assures that the President retains the Wilderness Act option Designation of a wilderness study area does not change existing law (section 3(b)) to add contiguous lands "predominately of wilderness under which National Forests are administered, or change already value" to designated wilderness study area boundaries as recommended established mining, mineral leasing or grazing activities, in the manner by the agency. It provides the Secretary of Agriculture and the Presi- and degree in which same is being conducted on date of enactment. dent with the means of enlarging boundaries of designated wilderness study areas based on information gained during the course of field ADMINISTRATIVE PROVISIONS studies, public hearings, citizen input, and analysis. Further, the Section 4 reclassifies the Glacier Primitive Area as "The Fitzpat- language herein is intended to assure that qualified lands and waters rick Wilderness." contiguous to the minimum boundary of each wilderness study area Section 5 contains "standard" language in all wilderness legislation designated by this Act will be fully and completely explored and when providing that a map and legal description of each wilderness area qualified, recommended by the agency itself. In summary, the Commit- and each wilderness study area will be transmitted as soon as practi- tee expects that the language of section 3(b) of the Wilderness Act cable to Committees on Interior and Insular Affairs of the House of relating to preservation of options of the President to enlarge and ulti- Representatives and Senate. mately the Congress to expand and designate certain boundaries rec- Section 6 contains additional "standard" language incorporating ommended by the agency is not impaired. This principle in law not applicable provisions of the Wilderness Act to administration and only has been affirmed by the courts, but also by the Congress in enact- management of wilderness areas established by this Act. ing previous legislation establishing wilderness areas in the National The intent of this section is to assure that wilderness areas are man- Forests. aged by the same standards, while recognizing that inclusion of an Section 3(d) This subsection provides direction for interim manage- area in the National Wilderness Preservation System does not change ment of designated wilderness study areas from the date of enactment existing laws by which the Secretary of Agriculture administers the through Congressional reviews. Existing private rights are protected National Forest System or the Secretary of the Interior administers and the Secretary of Agriculture is required to maintain the existing National Wildlife Refuges. Wilderness is an ecological condition and wilderness character and potential of a wilderness study area until management is directed toward maintaining natural values. While Congress has had an opportunity to review and act on the recommen- section 4 provides guidance for management of wilderness areas, it dations of the President. The interim management provision would recognizes that agency missions differ in scope, purpose and laws and last for eight years after the President transmits his recommendations regulations by which each agency administers the lands under its on a specific wilderness study, at which time, in the event that the Congress has not acted on a proposal, the Secretary would have the jurisdiction. As examples, if the mining and mineral leasing laws do option of continuing such management. not apply to an area prior to inclusion in the Wilderness System, they The Secretary of Agriculture also has the option of allowing certain will not apply afterwards. since wilderness designation does not change the situation; laws, rules, regulations and practices by which lands are already established non-conforming public uses to continue, subject to such restrictions as he deems desirable, such uses not to exceed the acquired by the Secretary of the Interior remain unchanged; if an manner and degree of such uses on the date of enactment. Such non- area was closed to public recreational uses prior to wilderness desig- nation, or if a specific type of recreation were permitted or restricted conforming public uses vary with each individual designated wilder- by law or regulation, designation as wilderness does not amend that ness study area. It is the responsibility of the Secretary to establish law or regulation; certain previously established uses such as grazing, 20 21 motorboats or aircraft, may continue in wilderness areas, subject to wilderness and seven National Forest areas for wilderness study. We Secretarial restrictions as in the past; and fires, insect and diseases may have several concerns about the Subcommittee action which are sum- be controlled, using whatever measures the Secretaries of Agriculture marized herein. or of the Interior deem necessary to protect the wilderness resource, public safety, private property and the public welfare. NATIONAL FOREST AREAS DESIGNATED AS WILDERNESS COST Fitzpatrick (Glacier) Wilderness, Wyo. The Subcommittee bill would designate about 196,000 acres in the H.R. 15446, as reported, entails no additional costs and authorizes Shoshone National Forest as wilderness, even though the Subcom- no appropriations. mittee agreed to exclude about 4,500 acres in the Moon Lake area that BUDGET ACT COMPLIANCE would have been designated as wilderness by H.R. 9265 and section (a) (7) of H.R. 5893. Thus, the Subcommittee bill would designate Since H.R. 15446 merely classifies as wilderness certain lands in an area containing about 13,490 acres more than the 182,510-acre existing National Forests and National Wildlife Refuges, and pro- area proposed by the Administration for designation as the Glacier vides reviews of other potential wilderness areas, the budget implica- Wilderness. Although we agree that the Moon Lakes area should be tions are minimal. excluded, we continue to oppose the designation of the remaining INFLATIONARY IMPACT additional areas outside the Administration proposed boundary. Designation of the additional areas would include lands not suitable Pursuant to Rule XI, Clause 2(1) (4) of the House of Represent- atives, the Committee believes that enactment of H.R. 15446 would for wilderness designation, preempt an on-going bighorn sheep re- have virtually no inflationary impact on the national economy. Since stocking program, and weaken manageability of the wilderness there are no additional funds involved and wilderness classification is boundary. intended to continue existing management, inflationary impact is Hercules-Glades Wilderness, Mo. negligible. The Subcommittee bill would designate about 12,325 acres in the OVERSIGHT STATEMENT Mark Twain National Forest as wilderness, although no study has been conducted to determine the area's suitability or nonsuitability In accordance with the Committee's jurisdiction and responsibilities for preservation as wilderness. The Department of the Interior has in reviewing and reporting legislation on wilderness matters, the Sub- not conducted a minerals survey. The proposal has not been formally committee on Public Lands held extensive hearings on all the areas reviewed by the public and government agencies. reported in H.R. 15446 paying particular attention to National For- est and National Wildlife Refuge Wilderness programs. No recom- Manzano [ountain Wilderness, N.Mex. mendations were received by the Committee pursuant to Rule X, The Subcommittee bill would designate aobut 37,000 acres in the Clause 2(b) (2). Cibola National Forest as wilderness. The area coincides with the COMMITTEE RECOMMENDATIONS Manzano Mountain Wilderness Study Area selected during the Forest Service roadless area review (RARE). Instant designation of the On September 9, 1976, the Committee on Interior and Insular Af- Manzano area would preempt our planned wilderness study. A fairs, meeting in open session, reported H.R. 15446, as amended, by minerals survey has not been conducted, and the public involvement voice vote, and recommends that the bill as amended be enacted. procedures outlined in the Wilderness Act have not been followed. Sandia Mountain Wilderness, N. Mex. DEPARTMENTAL REPORTS The Subcommittee bill would designate about 30,700 acres in the The reports of the Department of Agriculture and the Department Cibola National Forest as wilderness. We believe the recently com- of the Interior on the indivdual bills from which provisions were in- pleted Sandia Mountain Land Use Plan, including a 7,500-acre wilder- cluded in H.R. 15446 are as follows: ness study area and a 14,600-acre scenic area, provides an appropriate mix of land uses considering land features, resource capabilities, U.S. DEPARTMENT OF AGRICULTURE, and public needs. Again, the Subcommittee wilderness designation FOREST SERVICE, would occur without the benefit of a wilderness study and a minerals Washington, D.C., September 8, 1976. survey. Hon. JAMES A. HALEY, Kaiser Wilderness, Calif. Chairman, Committee on Interior and Insular Affairs, The Subcommittee bill would designate about 23,000 acres in the House of Representatives Sierra National Forest as wilderness. We have reviewed the wilder- DEAR MR. CHAIRMAN On August 31, the Subcommittee on Public ness values and other resource values of the Kaiser area; we have Lands reported an omnibus wilderness bill in the form of a subcom- obtained public input on management alternatives; and we have con- mittee print. The bill would designate five National Forest areas as 22 23 cluded that the area should be managed for a broader range of re- 1. provisions clarifying the Secretary of Agriculture's authority to source uses than would be possible under wilderness designation. Al- carry out programs in accordance with the Multiple Use-Sustained though the Subcommittee bill would exclude the planned Aspen- Yield Act of 1960 within areas not designated for study (section 4 Horsethief timber sale area, the bill would designate the planned (d)) Home Camp and Line Creek timber sale areas as wilderness. All 2. provisions establishing a standard 10-year period of review (sec- of the planned timber sales have been the subject of intensive public tion 4(d)) involvement, including that generated by two environmental state- 3. provisions requiring that maps and legal descriptions of eastern ments. We urge the Committee to neither designate as wilderness wilderness study areas also be filed with the Committee on Agriculture nor require a wilderness study of any portion of the Kaiser area. In (section 5) ; our judgment, the planned timber sales and other management activi- 4. provisions terminating wilderness study area management re- ties that have been debated and delayed for many years should now be quirements after the expiration of the third succeeding Congress from allowed to proceed. If the Committee is intent, however, on taking the date of the President's submission of recommendations concerning action with respect to the Kaiser area designation of a study area designation of wilderness (section 6(a)) ; and would be more acceptable than would an instant wilderness designa- 5. provisions authorizing the transfer of Federal lands within wil- tion. We would oppose any so-called compromise that involves the derness study areas to the jurisdiction of the Secretary of Agriculture instant designation of wilderness in the Kaiser area. (section 7). We are unaware of any reasons why the designation of additional NATIONAL FOREST AREAS DESIGNATED FOR WILDERNESS STUDY eastern wilderness study areas should SO soon avoid the framework established for such areas by P.L. 93-622. Sheep ountain, Calif. Great Bear, Mont. The Subcommittee bill would designate about 52,000 acres in the Angeles and San Bernardino National Forests for wilderness study. The Subcommittee bill would designate about 378,000 acres in the The area includes the 31,680-acre Sheep Mountain Wilderness Study Flathead and Lewis and Clark National Forests for wilderness study. Area selected during the Forest Service roadless area review We believe this study designation would largely duplicate completed (RARE). We believe the National Forest land management planning and planned administrative actions, because most of the Great Bear process now underway in the Sheep Mountain area should continue area was selected for wilderness study during the Forest Service road- without the congressional designation of a 52,000-acre wilderness less area review (RARE). However, we would have no objection to study area. the designation if amendments were made to (1) exclude about 20,000 acres under the Blackfeet Treaty Rights Agreement of 1895 from Snow M ountain, Calif. the study area, and (2) provide 3 years (rather than 1 year) for The Subcommittee bill would designate about 37,000 acres in the completion of the study. Mendocino National Forest for wilderness study. We have examined Details regarding each of the National Forest areas affected by the wilderness values and other resource values of the Snow Mountain the subcommittee bill are contained in Departmental reports and area during two previous studies, and we have concluded that the area testimony. should be managed to serve a broader range of resource uses than Sincerely, would be possible under wilderness designation. We urge the Com- JOHN R. McGuire, mittee not to require a third study of the Snow Mountain area. Chief. Bell Mountain, Paddy Creek, Piney Creek, and Rockpile Mountain, Mo. U.S. DEPARTMENT OF THE INTERIOR, We wish to bring to the Committee's attention that the recently OFFICE OF THE SECRETARY, enacted Eastern Wilderness Act (so-called) P.L. 93-622, contem- Washington, D.C., August 31, 1976. plated that future wildernesses and wilderness study areas within In Reply Refer To: FWS/RF. eastern National Forests would be designated pursuant to that Act in recognition of the acquired lands status of such National Forests. Hon. JOHN MELCHER, Four eastern National Forest areas in Missouri (Bell Mountain, Paddy Chairman, Subcommittee on Public Lands, Interior and Insular Creek, Piney Creek, and Rockpile Mountain) would be designated Affairs Committee, House of Representatives, Washington, D.C. as wilderness study areas by the Subcommittee bill. However, the bill DEAR MR. CHAIRMAN: This is in response to the request of your is not drafted in a manner which relates those areas to P.L. 93-622. Committee staff for information regarding fire control, revenue shar- Consequently, several well-considered provisions of P.L. 93-622 which ing and recreation should the proposed wilderness legislation on the are applicable to the 17 eastern areas designated for study by that Fort Niobrara National Wildlife Refuge be enacted. Act would not be applicable to the Missouri areas. These include: 24 25 Fire control U.S. DEPARTMENT OF THE INTERIOR, The Fish and Wildlife Service has a cooperative agreement with OFFICE OF THE SECRETARY, the Valentine Rural Fire Protection District in which the Service Washington, D.C., July 21, 1976. agrees to assist the District in fire control both on and off the refuge. Hon. JAMES A. HALEY, Equipment located at Fort Niobrara Refuge includes one 1,000 gallon Chairman, Committee on Interior and Insular Affairs, House of Repre- pumper tanker, one 300 gallon Bean pumper system, one 110 gallon sentatives, Washington, D.C. pumper unit and a 200 gallon pumper unit, all mounted on four- DEAR MR. CHAIRMAN This responds to the request of your Commit- wheeled drive vehicles. In addition, backup firefighting units are lo- tee for our views on the following national wildlife refuge wilderness. cated at Valentine Refuge which consist of one 1,000 gallon pumper bills: tanker, two 300 gallon Bean sprayers and two 100 gallon pumper H.R. 3507, Simeonof, Alaska, Section (a). units, all mounted on motorized vehicles. Under the agreement, the H.R. 3507, Chassahowitzka, Section (b). Fire Protection District has agreed to assist the Service in fire control H.R. 3508, Lake Woodruff, Florida, Section 1 (a) (10). on the refuge including the proposed wilderness area. H.R. 3508, J.N. "Ding" Darling, Florida, Section (a) (9). We recognize that wildfires pose a very real threat to the public's H.R. 3508, Crab Orchard, Illinois, Section (a) (12). health and safety and to adjacent private lands. We assure the Com- H.R. 3508, Agassiz, Minnesota, Section (a) (15). mittee that all available resources will be used to control wildfires H.R. 3508, Tamarac, Minnesota, Section (a) (16). should they occur within the wilderness area. H.R. 3508, Oregon Islands, Oregon, Section 1 (a) (32). H.R. 5893, Agassiz, Minnesota, Section (a) (1). Revenue sharing H.R. 5893, Chassahowitzka, Section (a) (12). Funds returned to Cherry County from the Fort Niobrara Refuge H.R. 5893, Crab Orchard, Illinois, Section (a) (14). are determined under provisions of the Refuge Revenue Sharing Act H.R. 5893, J.N. "Ding" Darling, Florida, Section 1 (a) (23). (16 U.S.C. 715s). In essence, the funds returned are based on either H.R. 5893, Lake Woodruff, Florida, Section 1 (a) (27). three-fourths of one percent of the adjusted cost of the acquired lands H.R. 5893, Oregon Islands, Oregon, Section (a) (36). or twenty-five percent of the net receipts from the acquired lands H.R. 5893, Simeonof, Alaska, Section (a) (44). (whichever is greater), and twenty-five percent of the net receipts H.R. 5893, Tamarac, Minnesota, Section (a) (47). from lands withdrawn from the public domain. In recent years ref- H.R. 5563, Lake Woodruff (whole bill). uge receipts on Fort Niobrara Refuge have been generated as a re- H.R. 12583, J. N. "Ding" Darling, Florida (whole bill). sult of the sale of surplus buffalo and longhorn cattle. This Department makes the following recommendations on these While the exact dollar amount may vary depending on the value bills: and the number of animals sold or fluctuations in the adjusted value of the land, wilderness establishment will not, in any way, influence Agassiz National Wildlife Refuge, arshall County, Minn. the amount of money returned to Cherry County. The Administration recommendation to establish a 4,000 acre wilder- ness area on Agassiz was submitted to Congress on June 17, 1974 (H. Recreation Doc. 93-403, part 4). The Administraiton's proposal is contained in The majority of the area proposed for wilderness designation has H.R. 3508 (Sec. 1(a) (15) and Sec. 1(b) and (c)). H.R. 5893 (Sec. not been available to the general public for recreational purposes. (a) (1)) also designates approximately 4,000 acres in Agassiz as The Niobrara River is currently used by boaters who float through wilderness, but differs from the Administraiton's proposal in that the refuge, and this use will not be affected by wilderness it does not contain language withdrawing the area from disposition designation. under the mining laws. Even though the mining laws are not applicable We have recently initiated guided horse tours through the pro- to this area, withdrawal language was included in the Administration posed wilderness area. Depending on the demand for these tours in proposal to clarify that refuge wilderness areas would not be sub- the future, they may be increased. We also plan to permit day use ject to the mining and mineral leasing provisions of the Wilderness of the area by hikers. Act applicable to national forests lands. Therefore, we recommend In summary, rather than restricting uses of the area by the public, enactment of the appropriate sections in H.R. 3508 in lieu the section we feel that opportunities for use will expand with wilderness in H.R. 5893. designation. We are pleased to supply you with this information. If we can be Chassahowitzka National Wildlife Refuge, Citrus and Hernando of any further assistance, please let us know. Counties, Fla. Sincerely yours, H.R. 3507 (Sec. 1(b)) designates approximately 16,900 acres of the NATHANIEL P. REED, Chassahowitzka National Wildlife Refuge as wilderness and provides Assistant Secretary for Fish that established uses (motorboats, commercial fishing and guiding) and Wildlife and Parks. within the navigable waters of the wilderness area which are compati- 26 27 ble with the primary refuge objectives and subject to Secretarial re- Oregon Islands National Wildlife Refuge, Clatsop, Tillamook, Lin- strictions shall not be prohibited by wilderness designation. H.R. 5893 coln, Lane, Coos and Curry Counties, Oreg. (Sec. 1(a) (12)) establishes a 23,360 acre wilderness. H.R. 3507 con- On November 27, 1973, the Administration's proposal for wilderness forms to the Administration's proposal of September 14, 1972 (H. Doc. designation of 346 acres in Oregon Islands National Wildlife Refuge 92-357, part 10), and therefore we recommend its enactment in lieu was submitted to Congress (H. Doc. 93-194, part 8). The proposal of H.R. 5893, but with a modification to allow for potential wilderness called for an additional 108 acres to be made part of the wilderness additions. once added to the refuge and provides for continued maintenance of The Chassahowitzka wilderness proposal of September 1972 does Coast Guard navigational aids. H.R. 3508 (Sec. (a) (32)) is identical not address private inholdings within the proposed wilderness area to the Administration's proposal. H.R. 5893 (Sec. (a) (36)) does not and the refuge acquisition boundary. Later proposals such as on Lake provide for continued maintenance of navigational aids by the Coast Woodruff (Florida) National Wildlife Refuge do provide for auto- Guard. We recommend enactment of H.R. 3508 but suggest that in matic addition of private inholdings once acquired and non-conform- order to clarify wilderness and refuge nomenclature the bill be modi- ing uses are terminated. Approximately 300 acres of privately owned fied to direct the existing Oregon Islands Wilderness (P.L. 91-504; lands are contained within the Chassahowitzka wilderness proposal. 21 acres) and Three Arch Rocks Wilderness (P.L. 91-504; 17 acres) Some 60 acres of these inholdings have been acquired since the proposal be redesignated as the Oregon Islands Wilderness and consolidated was submitted to the Congress. We recommend the acreage of the with wilderness areas designated in H.R. 3508. wilderness be changed in H.R. 3507 to 16,960 acres in order to include In order to accomplish this redesignation, the following new sen- the 60 acres of inholdings recently acquired and that provision be tence should be added before the semicolon ending paragraph 36 of made in the bill to identify the remaining 240 acres of private inhold- section 1 (a) : ". The Oregon Islands Wilderness and Three Arch Rocks ings: as "potential wilderness additions." Wilderness designated by Public Law 91-504 (84 Stat. 1104) are Crab Orchard National Wildlife Refuge, Jackson, Union and William- hereby added to the wilderness area designated by this Act and the son Counties, Ill. total 492 acre area shall be known as the "Oregon Islands Wilderness.' The Administration's proposal to designate some 4,050 acres of Crab Simeonof National Wildlife Refuge, Third Judicial District, Alaska Orchard Refuge as wilderness was submitted to Congress on June 5, H.R. 3507 (Sec. 1(a)) designates 25,140 acres of Simeonof National 1974 (H. Doc. 93-319, part 5), and is contained in H.R. 3508 (Sec. 1 Wildlife Refuge as wilderness. H.R. 5893 (Sec. (a) (44)) designated (a) (12) and Sec. 1 (b) and (c)). The provision for wilderness desig- 25,271 acres as wilderness. We recommend enactment of H.R. 3507 as nation on Crab Orchard in H.R. 5893 (Sec. (a) (14) and Sec. 1 (b), it conforms to the Administration's proposal (H. Doc. 92-102, part 1). (c) and (d)) is compatible with the Administration's proposal and therefore we have no objection to enactment of appropriate sections of Tamarac National Wildlife Refuge, Becker County, Minn. -either of the bills. H.R. 3508 (Sec. 1(a) (16)) conforms to the Administration's pro- J. N. "Ding" Darling National Wildlife Refuge, Lee County, Fla. posal (H. Doc. 93-319, part 12) to designate 2,138 acres in Tamarac Refuge as wilderness. and therefore we recommend its enactment. A 2.735 acre wilderness is proposed for the J. N. "Ding" Darling H.R. 5893 (Sec. 1(a) (47)) also designates 2,138 acres in Tamarac as National Wildlife Refuge on Sanibel Island, Florida, in section 1(a) wilderness but does not withdraw the area from mining laws. (9) of H.R. 3508 and in the Administration's proposal to Congress of In summary we recommend enactment of the following: June 25, 1974 (H. Doc. 93-403, part 20). H.R. 5893 (Sec. 1(a) (23)) Agassiz-H.R. 3508 (Sec. (a) (15)). and H.R. 12458 would establish a slightly larger wilderness (2,825 Chassahowitzka-H.R 3507 (Sec. 1(b)) with an amendment to acres). H.R. 5893 does not withdraw the area from mining laws as do change acreage and to provide for potential wilderness additions. the other bills and the Administration's proposal. We recommend Crab Orchard-H.R. 3508 (Sec. (a) (12)) or H.R. 5893 (Sec. 1 enactment of appropriate sections of H.R. 3508 since it is the only bill (a) (14)) in complete conformance with the Administration's proposal. J. N. "Ding" Darling-H.R. 3508 (Sec. (a) (9)). Lake Fla. Woodruff National Wildlife Refuge, Lake and Volusia Counties, Lake Woodruff-H.R. 3508 (Sec. 1(a) (10)) or H.R. 5563. Oregon Islands-H.R. 3508 (Sec. 1(a) (32)) with an amend- Section 1(a) (10) of H.R. 3508 and H.R. 5563 designate 1,106 acres ment to redesignate and consolidate the existing Oregon Islands as wilderness in the Lake Woodruff Refuge and provide for inclusion Wilderness and Three Arch Rocks Wilderness with the new of "potential wilderness additions." H.R. 5893 (Sec. (a) (27)) pro- Oregon Islands Wilderness. vides for designation of 8,606 acres of the refuge as wilderness and Simeonof-H.R. 3507 (Sec. 1(a)) does not withdraw the acreage from mining laws. H.R. 5563 and H.R. Tamarac-H.R. 3508 (Sec. (a) (16)). 3508 are in conformance with the Administration's proposal of July 1, The Office of Management and Budget has advised that there is no 1974 (H. Doc. 93-403, part 28). Therefore, we recommend enactment objection to the presentation of this report from the standpoint of of either of those two bills and not H.R. 5893. the Administration's program. Sincerely yours, JOHN KYL, Assistant Secretary of the Interior. 28 29 U.S. DEPARTMENT OF THE INTERIOR, A BILL To designate certain lands in the Mingo National Wildlife Refuge, OFFICE OF THE SECRETARY, Wayne and Stoddard Counties, Missouri, as wilderness Washington, D.C., June 25, 1976. Hon. JAMES A. HALEY, Be it enacted by the Senate and House of Representatives of the Chairman, Committee on Interior and Insular Affairs, House of Rep- United States of America in Congress assembled, That, in accord- resentatives, Washington, D.C. ance with section 3(c) of the Wilderness Act of September 3, 1964 (78 DEAR MR. CHAIRMAN: This responds to the request of your Com- Stat. 890, 892; 16 U.S.C. 1132(c)), certain lands in the Mingo Na- mittee for the views of this Department on H.R. 2975, a bill "To tional Wildlife Refuge, Missouri, which comprise about 1,700 acres designate certain lands in the Mingo National Wildlife Refuge, Wayne and which are depicted on a map entitled "Mingo Wilderness-Pro- and Stoddard Counties, Missouri, as wilderness." posed" and dated March 1972, are hereby designated as wilderness. We recommend against the enactment of H.R. 2975 and recommend "The map shall be on file and available for public inspection in the that the enclosed draft bill be enacted in lieu thereof. -offices of the Bureau of Sport Fisheries and Wildlife, Department of the Interior. H.R. 2975 would designate 8,000 acres of the Mingo National Wild- life Refuge as wilderness. SEC. 2. As soon as practicable after this Act takes effect, a map of The Mingo National Wildlife Refuge, located near Puxico, Mis- the wilderness area and a description of its boundaries shall be filed with the Interior and Insular Affairs Committees of the United States souri, was established in 1944 by approval of the Migratory Bird Conservation Commission as a migration and wintering refuge for Senate and House of Representatives, and such map and description shall have the same force and effect as if included in this Act: Pro- Canada geese, mallards, wood ducks, waterfowl in general, and other native wildlife. Most of the refuge lies in an ancient channel of the vided, however, That correction of clerical and typographical errors in Mississippi River whose steep sides are formed by Gasconade lime- such description and map may be made. stone bluffs. In addition to migratory waterfowl, wildlife found in SEC. 3. The wilderness area designated by this Act shall be known the refuge includes white-tailed deer, wild turkeys, such endangered as the "Mingo Wilderness" and shall be administered by the Secre- or threatened species as the peregrine falcon, the osprey and the bald tary of the Interior in accordance with the applicable provisions of the eagle, and a variety of poisonous snakes. Wilderness Act governing areas designated by that Act as wilderness Section 3 (c) of the Wilderness Act (approved September 3, 1964; areas, and any reference to the Secretary of Agriculture shall be 78 Stat. 890, 892; 16 U.S.C. 1132(c)), directs the Secretary of the deemed to be a reference to the Secretary of the Interior. Interior to review roadless areas of 5,000 acres or more in the national DEPARTMENT OF AGRICULTURE, parks, monuments, other units of the National Park System, wildlife OFFICE OF THE SECRETARY, refuges, and game ranges and report to the President his recommenda- Washington, D.C., September 17, 1976. tion as to the suitability of each such area for preservation as wilder- Hon. JAMES A. HALEY, ness. The Act further directs the President to advise the President of Chairman, Committee on Interior and Insular Affairs, the Senate and the Speaker of the House of Representatives of his House of Representatives, Washington, D.C. recommendation with respect to the designation of each such area DEAR MR. CHAIRMAN We would like to offer our views on H.R. 3507, as wilderness. A recommendation of the President for designation as a bill "To designate certain lands as wilderness." wilderness shall become effective only if SO provided by an Act of Insofar as it affects the responsibilities of the Department of Agri- Congress. culture, we strongly recommend that H.R. 3507 be enacted. We defer In a November, 1973, message to the Congress, the President rec- to the Department of the Interior regarding section 1 of the bill which ommended that 1,700 acres of the refuge be designated as wilderness. would designate as wilderness certain areas within the National Wild- The enclosed draft bill is identical to that proposal. This proposal has life Refuge System. been incorporated in H.R. 3508 as section 1 (a) (19). The additional The Wilderness Act of 1964 (78 Stat. 890) established the National 6,300 proposed for wilderness designation in H.R. 2975 encompasses Wilderness Preservation System. Subsection 3(b) of the Act directed lands and waters which must be actively managed if this refuge is to the Secretary of Agriculture to review, within ten years, each national meet the objectives for which it was established. Because of the need forest area then classified as "primitive", as to its suitability or non- for active management on this acreage, we cannot support the designa- suitability for preservation as wilderness. The Act provides that the tion of this additional acreage as wilderness. Secretary is to report his findings to the President, and the President The Office of Management and Budget has advised that there is no is to submit his recommendations to the Congress. objection to the presentation of this report from the standpoint of the The six national forest wilderness proposals included in H.R. 3507, Administration's program. totaling 988.350 acres, resulted from a review of the corresponding Sincerely yours, primitive areas in accordance with the review procedures set forth by NATHANIEL REED, the Wilderness Act. The Secretary of Agriculture submitted a report Assistant Secretary of the Interior. of his findings on each of the areas to the President. The President Enclosure. :submitted his recommendations to the Congress on March 29, 1968, 30 31 for the Flat Tops and Spanish Peaks proposals, on January 17, 1969, H.R. 3507 (Sec. 1(e)) designates some 355 acres of lands in Matia for the High Uintas proposal, and on February 8, 1972, for the Eagles Island and San Juan National Wildlife Refuges as wilderness and Nest, Aldo Leopold, and Glacier proposals. These recommendations provides for continued maintenance of navigational aids by the Coast are embodied in their entirely in H.R. 3507. Guard. H.R. 5893 (Sec. (a) (41)) does not provide any exception for We believe each of the national forest areas proposed for wilderness. navigation. The Administration's recommendation was sent to Con- designation by H.R. 3507 meets the definition of wilderness contained gress on April 29, 1971 (H. Doc. 92-248, part 10), and is reflected in in subsection 2(c) of the Wilderness Act. Each area will make its own H.R. 3507. However, since that time several administrative actions unique contribution to the National Wilderness Preservation System. have taken place requiring modification in the proposal and bill The specific features of each area are fully discussed in our reports. language. which accompanied the President's recommendation to Congress. On August 27, 1975, Public Land Order 5515 consolidated four na- Environmental statements relating to the proposed wilderness areas tional wildlife refuges (San Juan, Matia Island, Jones Island and have been prepared pursuant to section (c) of the National Smith Island) into a single San Juan Islands National Wildlife Environmental Policy Act (83 Stat. 852). Refuge and added some 58 islands in public domain to the refuge. In The national forest areas proposed for wilderness designation by addition, 16 islands in public domain were made a part of the refuge on H.R. 3507 are under the jurisdiction of the Secretary of Agriculture July 22, 1976. These 16 islands are qualified for wilderness. Therefore, and are being administered as parts of the National Forest System. we suggest that section (e) of H.R. 3507 be amended by striking all Consequently, no new budget authority nor additional appropriations before the proviso and inserting in lieu thereof the following: would be required by enactment of the proposed legislation. (e) certain lands within the San Juan Islands National Wild- We note an error in line 22 of section 2(d) of H.R. 3507 in that life Refuge which comprise about 355 acres and which are de- "Black Range" should be substituted for "Aldo Leopold". We regret picted on a map entitled 'San Juan Islands Wilderness Proposal' that the draft bill which we provided with our proposal also contained and dated August 1971, (revised) March 1976, are hereby desig- this error. There is no Aldo Leopold Primitive Area. Rather, the Black nated as wilderness; Range Primitive Area is the basic unit which, with certain additions H.R. 5893 does not contain provision for the Coast Guard to main- and deletions, would form the Aldo Leopold Wilderness. tain or establish navigational aids if needed. Therefore, we recommend The Office of Management and Budget advises that there is no ob- against enactment of the appropriate sections in H.R. 5893 relating jection to the presentation of this report and that enactment of legis-- to the San Juan Islands wilderness. lation to designate the national forest wilderness areas included in The Office of Management and Budget has advised that there is no H.R. 3507 would be consistent with the Administration's objectives. objection to the presentation of this report from the standpoint of Sincerely, the Administration's program. RICHARD A. ASHWORTH, Sincerely yours, Deputy Under Secretary. JOHN KYL, Assistant Secretary of the Interior. U.S. DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, DEPARTMENT OF AGRICULTURE, Washington, D.C., July 28, 1976. OFFICE OF THE SECRETARY, Hon. JAMES A. HALEY, Washington, D.C., September 17, 1975. Chairman, Committee on Interior and Insular Affairs, U.S. House of Hon. JAMES A. HALEY, Representatives, Washington, D.C. Chairman, Committee on Interior and Insular Affairs, DEAR MR. CHAIRMAN This responds to your request for the views of House of Representatives. this Department on H.R. 3507, H.R. 3508, H.R. 5893 and H.R. 14779 DEAR MR. CHAIRMAN: We would like to offer our views on H.R. designating certain areas of the National Wildlife Refuge System as 3508, a bill "To designate certain lands as wilderness, and for other units of the National Wilderness Preservation System. This report purposes." complements our report of July 21. 1976 to the Committee concerning Insofar as it affects the responsibilities of the Department of Agri- certain other areas covered by these bills. culture, we strongly recommend that H.R. 3508 be enacted. We defer We have no objection to enactment of appropriate sections of either to the Department of the Interior regarding section 1 of the bill which H.R. 3508 or H.R. 5893 with regard to Big Lake, Fort Niobrara, would designate as wilderness certain areas within the National Wild- Swanquarter and Red Rock Lakes National Wildlife Refuge wilder- life Refuge System. ness proposals. With regard to Lacassine, H.R. 5893 is unacceptable The Wilderness Act of 1964 (78 Stat. 890) established the National as it designates a larger acreage than proposed by the Administration Wilderness Preservation System. Subsection 3(b) of the Act directed and contained in H.R. 3508 (5,300 acres rather than 2,854). In addi- the Secretary of Agriculture to review, within ten years, each national tion, the name of the refuge is misspelled. forest area then classified as "primative", as to its suitability or non- H.R. 14779 would designate 2.600 acres of Big Lake as wilderness... suitability for preservation as wilderness. The Act provides that the We recommend against enactment of this increased acreage. 33 32 H.R. 10618 and S. 74 would direct the Secretary of Agriculture to Secretary is to report his findings to the President, and the President is review, as to their suitability or nonsuitability for preservation as to submit his recommendations to the Congress. wilderness, certain lands comprising about 52,000 acres in the Angeles The eight national forest wilderness proposals includes in H.R. 3508, and San Bernardino National Forests, California, which are generally totalling 2,412,262 acres, would designate 12 new wilderness areas and make an addition to one existing wilderness area. These proposals re- depicted on a map entitled "Sheep Mountain Wilderness-Proposed", sulted from a review of the corresponding primitive areas in accord- dated February 1974. The review would be conducted in accordance ance with the procedures set forth by the Wilderness Act, and they with the provisions of section 3(d) of the Wilderness Act (78 Stat. complete the 10-year primitive area review process required by the 890, 892). The Secretary would be required to conduct the review and Act. The Secretary of Agriculture submitted a report of his findings report his findings to the President within two years from the date of on each of the areas to the President. The President submitted his rec- enactment. During the review period and for a period of four years after the recommendations of the President were submitted to Con- ommendations on these proposals to the Congress on December 4, 1974, and his recommendations are embodied in their entirely in sec- gress, the Secretary would be required to manage the affected area in a manner to assure that its suitability for potential wilderness desig- tion 2 of H.R. 3508. We believe each of the national forest areas proposed for wilderness nation would not be impaired. H.R. 10618 would not authorize the ap- designation by H.R. 3508 meets the definition of wilderness contained propriation of any funds to carry out the review, while S. 74 would in section 2(c) of the Wilderness Act. Each area will make its now authorize the appropriation of such amount as might be necessary. unique contribution to the National Wilderness Preservation System. The Sheep Mountain Area was reviewed during the 1972-73 Forest The specific features of each area are fully discussed in our reports Service study of all National Forest roadless areas containing 5,000 which accompanied the President's recommendations to Congress. acres or more. Nationwide, 1,449 National Forest roadless areas con- Environmental statements relating to the proposed wilderness areas taining about 56 million acres were systematically evaluated. Of this have been prepared pursuant to section 102 (2) (c) of the National En- number, 136 roadless areas totaling about 3 million acres are located in California. Each of the areas was rated as to its potential wilderness vironmental Policy Act (83 Stat. 852). The national forest areas proposed for wilderness designation by quality using criteria such as scenic quality, isolation, size, and variety H.R. 3508 are under the jurisdiction of the Secretary of Agriculture of potential wilderness experience. The procedure also evaluated other and are being administered as parts of the National Forest System. resource values that would be foregone by wilderness designation. Consequently, no new budget authority nor additional appropriations Major efforts were made to involve the public in the decisionmaking would be required by enactment of the proposed legislation. process at local, State, and national levels. From the inventory of 1,449 We note a typographical omission in line 15 of section 2(a) (6) of areas, 274 acres were selected as wilderness study areas. In California, H.R. 3508 where "Klamath," should be inserted before "Shasta-". Also, the 31,680-acre Sheep Mountain Area is one of 22 areas totaling about in line 22 of section (a) (7), the fifth word should be "Wildernesses" 991,000 acres that was selected as a wilderness study area. The area rather than "Wilderness". that would be designated for study by H.R. 10618 and S. 74 includes The Office of Management and Budget advises that there is no ob. the Sheep Mountain Wilderness Study Area and an additional 20,320 jection to the presentation of this report and that enactment of legis- acres of contiguous land. lation to designate the national forest wilderness areas included in H.R. The Forest Service land-used planning process provides the basis 3508 would be consistent with the Administration's objectives. and context for the study of National Forest areas. Public involve- Sincerely, ment is an important part of that process. Of the 52,000 acres proposed RICHARD A. ASHWORTH, in H.R. 10618 and S. 74 for wilderness study, about 47,500 acres are Deputy Under Secretary. within the San Gabriel Planning Unit of the Angeles National Forest, and about 4,500 acres along the northeast boundary are within the DEPARTMENT OF AGRICULTURE, Cajon Planning Unit of the San Bernardino National Forest. Inven- OFFICE OF THE SECRETARY, tory data has been collected within the San Gabriel Planning Unit, Washington, D.C., June 25, 1976. and we expect to file a Draft Environmental Statement analyzing man- Hon. JAMES A. HALEY, agement alternatives in 1976. Inventory data collection within the Chairman, Committee on Interior and Insular Affairs, House of Cajon Planning Unit will begin in 1977 with a Draft Environmental Representatives. Statement on mangement alternatives to be filed late in 1978. On both DEAR MR. CHAIRMAN As you requested, here is our report on H.R. units, final management plans and final environmental statements will 10618, a bill "To study certain lands in the Angeles and San Bernar- not be developed until the public and agency review of the draft state- dino National Forests, California, for possible inclusion in the Na- ments have been completed. tional Wilderness Preservation System." We also wish to offer our The Sheep Mountain Wilderness Study Area (and any additional views on S. 74, an act with the same title. acreage identified and selected for wilderness study during the land- The Department of Agriculture recommends that neither H.R. use planning process) will be studied in detail to determine its suita- bility or nonsuitability for possible inclusion in the National Wilder- 10618 nor S. 74 be enacted. 34 35 ness Preservation System. Information on minerals within the Sheep topographic features. Accordingly, we recommend that the Committee Mountain Wilderness Study Area should be available from the U.S. adopt the boundaries depicted on new maps which will be provided by Geological Survey and the U.S. Bureau of Mines by the end of 1976. the Forest Service. Preliminary recommendations concerning wilderness designation will The Hercules wilderness area proposal contained in H.R. 14530 is be presented to the public for additional evaluation and comment. also a modification of a proposal recommended by this Department Upon completion of the detailed study and review of the public re- during the 93rd Congress. The principal difference between the pres- sponse, we will recommend wilderness designation for any areas we ent and former proposal is that the boundary has been revised to believe should be added to the National System. exclude all privately owned lands. Because the excluded lands are During the entire study process, the Sheep Mountain Wilderness located on the periphery of a consolidated block of National Forest Study Area will be managed SO as to protect it from activities that lands, the boundaries proposed by H.R. 14530 appear reasonably would change the land characteristics in such a way as to disqualify suitable. the area from wilderness designation. We have two recommendations concerning the proposed Hercules The Office of Management and Budget advises that there is no ob- area. First, and most importantly, we recommend that it be designated jecton to the presentation of this report from the standpoint of the as a wilderness study area rather than as an "instant" wilderness. The Administration's program. characteristics of the area have not been comprehensively reyiewed Sincerely, nor have public hearings been held in the vicinity of affected land. JOHN A. KNEBEL, Problems arising in the administration of certain "instant" wilder- Acting Secretary. nesses designated by P.L. 93-622 have led us to conclude that it is unwise to bypass the review procedures described in section 3(d) of the Wilderness Act. Second, we believe a few minor revisions should DEPARTMENT OF AGRICULTURE, be made in the boundary for the purpose of including some National OFFICE OF THE SECRETARY, Forest lands that would become alienated if adjacent lands were Washington, D.C., July 2, 1976. eventually designated as wilderness. Accordingly, we recommend that Hon. JAMES A. HALEY, the Committee adopt the boundary depicted on a new map which will Chairman, Committee on Interior and Insular Affairs, House of Rep- be provided by the Forest Service. resentatives, Washington, D.C. The Piney Creek and Paddy Creek wilderness study area proposals, DEAR MR. CHAIRMAN: As you requested, here is the report of the as contained in the bills, were not among the areas recommended by Department of Agriculture on H.R. 12821, and H.R. 14530, similar this Department during the 93rd Congress. We would prefer not to bills relating to the designation of certain lands within the Mark make recommendations as to whether they should or should not be Twain National Forest as wilderness study areas or wilderness. designated as wilderness study areas, without having first evaluated H.R. 12821 and H.R. 14530 would direct the Secretary of Agricul- those alternatives through the land use planning process. However, ture to review four areas within the Mark Twain National Forest as we have no strong objections to their being designated as wilderness to their suitability or nonsuitability for preservation as wilderness. study areas at this time. In addition, H.R. 14530 would designate a fifth area as wilderness. Included as a supplement to this report are two recommended clar- The Department of Agriculture's position with respect to the five ifving amendments. proposed areas is as follows: we recommend that the Bell Mountain The Office of Management and Budget advises that there is no ob- and Rockpile Mountain areas be designated as wilderness study areas jection to the presentation of this report from the standpoint of the if their boundaries are modified as suggested herein. We recommend Administration's program. that the Hercules area be designated as a wildernesss study area rather Sincerely, than as a wilderness area. We have no objection to the designation JOHN A. KNEBEL, of the Piney Creek and Paddy Creek areas as wilderness study areas. Acting Secretary. The Bell Mountain and Rockpile Mountain wilderness study area proposals contained in these bills are basically modifications of pro- SUPPLEMENT TO DEPARTMENT OF AGRICULTURE REPORT ON posals recommended by this Department during the 93rd Congress. H.R. 12821 AND H.R. 14530 The principal difference between the present and the former proposals is that the boundaries have been revised to exclude almost all privately Following are recommended clarifying amendments to H.R. 12821 owned lands. This has resulted in "cog-wheel" shaped areas. Some of and H.R. 14530. the boundary projections and indentations may impose significant The bills are drafted in a way that makes their substantive relation- constraints upon the study process, which will seek to locate bound- ships to P.L. 93-622 and the Wilderness Act difficult to trace. P.L. aries that will, among other things, enhance solitude, be readily identi- 93-622 contemplates that future wildernesses and wilderness study fiable on the ground, and provide administrative unity. areas within eastern National Forests will be designated pursuant to We believe the boundaries of the Bell Mountain and Rockpile that Act. However, the designating provisions of these bills do not Mountain wilderness study areas should conform more closely to 36 37 refer to P.L. 93-622. Also, the areas to be reviewed are not designated as "wilderness study areas", a term that is essential for connecting them to provisions of P.L. 93-622 governing study area review pro- In 1969, the Forest Service completed an intensive study to deter- cedures and administration. The bills also direct that areas designated mine the best mix of natural resource uses for the Snow Mountain for study shall be administered in accordance with "applicable" pro- Area. Wilderness designation was one of the land use alternatives visions of the Wilderness Act and P.L. 93-622. Because the bills do considered. The public was asked to comment on the alternatives. not clearly integrate the areas with either Act, and because both Acts and many people responded. After an analysis of resource data and contain similar provisions, it will be difficult to ascertain which pro- public comment, we concluded that the Snow Mountain Area should visions of the two Acts are "applicable". To avoid problems of inter- serve a variety of purposes which would be unnecessarily limited by pretation we recommend that H.R. 12821 (for example) be amended wilderness designation. as follows: The Mendocino National Forest now has a plan which provides 1. Delete lines 3-7 on page one and insert in lieu thereof the follow- management direction for eight sub-units of the area according to ing: their respective capabilities. Two of the sub-units, totaling 12,860 That in furtherance of the purposes of the Act of January 3. acres, have key attributes for primitive, dispersed recreation use, and 1975 (88 Stat. 2069), and the Wilderness Act (78 Stat. 890), the they will be managed under the plan to maintain their scenic and following areas, as generally depicted on maps appropriately primitive qualities. In three other sub-units, watershed and recrea- referenced, dated 1976, are hereby designated as wilder- tion considerations will predominate followed by timber management ness study areas and shall be reviewed by the Secretary of Agri- considerations. In the three remaining sub-units, the respective man- culture as to their suitability or nonsuitability for preservation agement priorities by sub-unit are timber management, wildlife, and as wilderness in accordance with the provisions of subsections scenery. (a), (d) and (e) of the Act of January 3, 1975: The Snow Mountain Area was again reviewed during the recent 2. Revise section 2 to read as follows: Forest Service study of all National Forest roadless areas containing SEC. 2. The areas designated as wilderness study areas in sec- 5,000 acres or more. Nationwide, 1,449 national forest roadless areas tion 1 shall be administered in accordance with the applicable containing about 56 million acres were systematically evaluated. Of provisions of the Act of January 3, 1975. (88 Stat. 2096). this number, 136 roadless areas totaling about 3 million acres are lo- cated in California. Each of the areas was rated as to its potential wilderness quality using criteria such as scenic quality, isolation, size, and variety of potential wilderness experience. The procedure also DEPARTMENT OF AGRICULTURE, evaluated other resource values that would be foregone by wilderness OFFICE OF THE SECRETARY, designation. Washington, D.C., December 2, 1975. In California, 22 roadless areas containing about 991,000 acres were Hon. JAMES A. HALEY, selected as wilderness study areas. The Snow Mountain Area is not Chairman, Committee on Interior and Insular Affairs, House of Rep- among those selected, because we determined that in comparison with resentatives, Washington, D.C. all other inventoried roadless areas, the Snow Mountain Area has a DEAR MR. CHAIRMAN As you requested, here is our report on S. 1391, low quality rating for wilderness purposes, and its designation as an Act "To study certain lands in the Mendocino National Forest, wilderness would be costly in terms of resource values foregone. California, for possible inclusion in the National Wilderness Preserva- Existing or planned resource management activities in the Snow tion System." Mountain Area should not be curtailed pending the outcome of a third The Department of Agriculture recommends that S. 1391 not be study. Such curtailments, which could last up to six years under the enacted. provisions of S. 1391, would adversely affect our ability to provide S. 1391 would direct the Secretary of Agriculture to review, as to needed resource products and services from the Mendocino National their suitability or nonsuitability for preservation as wilderness, cer- Forest. Furthermore, a requirement to restudy the Snow Mountain tain lands comprising about 37,000 acres in the Mendocino National Area could delay our review of other areas that demonstrate greater Forest, California, identified in the bill as the "Snow Mountain potential for wilderness designation and management. DeFacto Wilderness Area". The review would be conducted in ac- In summary, we strongly urge the Congress not to require a third cordance with the provisions of section 3 (d) of the Wilderness Act (78 study of the Snow Mountain Area. We have examined the area's wil- Stat. 890, 892). The Secretary would be required to conduct the review derness values and other resource values during two previous studies, and report his findings to the President within two years from the and we have concluded that the Snow Mountain Area should be man- date of enactment. During the review period and for a period of four aged to serve a broader range of resource uses than would be possible years after the recommendations of the President are submitted to under wilderness designation. Congress, the Secretary would be required to manage the affected The Office of Management and Budget advises that there is no ob- area in a manner to assure that its suitability for potential wilderness jection to the presentation of this report from the standpoint of the designation would not be impaired. Administration's program. Sincerely, RICHARD A. ASHWORTH, Deputy Under Secretary. 38 39 DEPARTMENT OF AGRICULTURE, the Tribe to cut and remove timber for houses, fences, and other pur- OFFICE OF THE SECRETARY, poses. Permitted uses under the agreement would not be compatible Washington, D.C., June 22, 1976. with wilderness designation. In our opinion, the Blackfeet rights Hon. JAMES A. HALEY, under the 1895 agreement would not be altered by S. 392 as now Chairman, Committee on Interior and Insular Affairs, House of Rep- drafted, even though S. 392 would require the Secretary of Agricul- resentatives, Washington, D.C. ture to protect the study area from activities that would preclude DEAR MR. CHAIRMAN As you requested, here is our report on S. 392, future wilderness designation. Efforts to agree upon substitute areas an act "To study certain lands in the Flathead and Lewis and Clark for the exercise of the Blackfeet rights or to release certain lands from National Forests, Montana, for possible inclusion in the National those rights would greatly delay the wilderness study and a serious Wilderness Preservation System." undesirable precedent could be established for the management of Although the Department of Agriculture believes that S. 392 would other National Forest System lands. We do not believe wilderness largely duplicate completed and planned administrative actions of study legislation such as S. 392 provides either a suitable or workable the Department, we would have no objection to the enactment of basis for undertaking modifications in Indian treaties. The area af- S. 392 if it was amended as suggested herein. fected by the Blackfeet agreement represents less than six percent S. 392 would direct the Secretary of Agriculture to review, as to of the total S. 392 study area, and we strongly recommend that it be their suitability or nonsuitability for preservation as wilderness, cer- excluded from the provisions of S. 392. tain lands comprising about 378,000 acres and generally known as the If the Blackfeet area was excluded, S. 392 would be largely unnec- Great Bear area in the Flathead and Lewis and Clark National For- essary, in our judgment, because the two Forest Service wilderness ests, Montana. The review would be conducted in accordance with the study areas identified in the enclosure almost coincide with the re- provisions of section 3(d) of the Wilderness Act (78 Stat. 890, 892). mainder of the S. 392 study area. While we believe the two Forest The Secretary would be required to complete the review and report his Service wilderness study areas include the areas most likely to be findings to the President, and the President would be required to found suitable for wilderness designation, we would not object to submit his recommendations to the Congress within one year after studying the somewhat larger area identified in S. 392, if the Black- enactment. During the one-year review period and for a period of feet area was excluded. However, restricting the wilderness study four years after the recommendations of the President were submitted to only one year would allow insufficient time for public participation, to Congress, the Secretary would be required to manage and protect make it necessary for us to rely on incomplete data and broad assump- the study area SO as not to preclude its possible future designation as tions as we developed our recommendations, and seriously impact wilderness. other high priority National Forest projects as personnel and resources The Secretary of Agriculture would consult with the Secretary of were diverted to the study. the Interior on two matters during the review. First, the Secretaries The U.S. Geological Survey and the Bureau of Mines have com- would identify any potential utility corridors within or contiguous pleted field work on a mineral survey of the two Forest Service wilder- to the study area, review any adverse effects the corridors might ness study areas. However, the S. 392 study area contains about 45,000 have on the wilderness character of the area, and, if a determination of acres not covered by the current mineral survey. The Survey and the necessity was made, select a route nad design which would minimize Bureau advise us that, because of the area's short field season and adverse effects. Second, the Secretaries would seek to permit the Black- other priority work, they would need at least one year to develop a feet Tribe to obtain rights on land outside the study area to replace preliminary report on the additional 45,000 acres. The additional year rights possessed by the Tribe within that portion of the study area would be needed for completion of the mineral report even if the under the Blackfeet Treaty Rights Agreement of 1895, or to otherwise Blackfeet area was excluded from the S. 392 study area. release such land from said rights in a manner satisfactory to the Tribe. Meanwhile, we would need at least two years to determine the Almost all of the area that would be studied under S. 392 was area's suitability, availability, and manageability for wilderness desig- included in the 1972-73 Forest Service review of National Forest nation. The requirements in S. 392 regarding utility corridors, while roadless areas containing 5,000 acres or more. In Montana, 36 roadless important, would complicate and lengthen the normal study process. areas containing about 1.6 million acres were selected as Forest Service Meaningful public participation under the provisions of section wilderness study areas. Two of the selected areas, Middle Fork Con- (d) of the Wilderness Act (78 Stat. 890, 892) could occur only tinental Divide (302,700 acres) and Rocky Mountain Face Continental after the mineral survey is complete and after our resource data and Divide (65,000 acres), are substantially within the S. 392 study area. preliminary recommendations are available. Upon completion of the The enclosed supplemental statement summarizes the relationship be- detailed study and review of public response, we would recommend tween the acreage that would be designated for study by S. 392 and wilderness designation for any areas we believe should be added to the acreage included in our roadless area review of the Great Bear area. the National System. The S. 392 study area contains about 20,000 acres included in the In keeping with national Forest Service policy, a complete study Blackfeet Treaty Rights Agreement of 1895. The agreement allows will be made of the wilderness study areas in the Great Bear vicinity 40 41 to determine their suitability or non-suitability for preservation as wilderness. During the entire study process, including the filing of Acreage Forest Service Fieldwork included in environmental statements, we will protect the wilderness study areas wilderness study complete for S. 392 study Forest Service inventoried roadless area area mineral survey Total acreage area from any activity that would change the land characteristics in such a way as to preclude wilderness designation. Our efforts to protect Middle Fork Continental Divide Yes Yes 302,700 264, 542 Rocky Mountain Face Continental Divide Yes the wilderness study areas must, of course, be subject to valid existing Yes 65,000 63,688 Middle Fork No No 55,896 15,525 rights. Badger Creek No No 72,326 17,881 Dupuyer Creek No No 10,865 3, 824 Furthermore, the inventoried roadless areas not selected for wilder- Mount Werner No No 16, 120 160 Noninventoried No No ness study will also be managed to protect their wilderness charac- 000 3, 000 teristics until land management plans including environmental state- Total 530,907 373,620 ments have been completed and wilderness values as well as other values have been considered. Our estimates indicate that the study area proposed by S. 392 would Since we are already committed to the protection of wilderness contain about 374,000 acres, rather than 378,000 acres as cited in the study areas and other inventoried roadless areas, we see no need to bill. If the Blackfeet area was excluded, the S. 392 study area would require that the S. 392 wilderness study be completed in one year. contain about 354,000 acres. Neither do we see a need for S. 392 to require protection of the area during a specified congressional review period which would follow DEPARTMENT OF AGRICULTURE, after the President made his recommendation to the Congress. OFFICE OF THE SECRETARY, In view of the above comments, we would have no objection to the Washington, D.C., May 30, 1975. enactment of S. 392 if it was amended to- Hon. JAMES A. HALEY, (1) Exclude any area affected by the Blackfeet Treaty Rights Chairman, Committee on Interior and Insular Affairs, House of Agreement of 1895 from the study area as shown on the map Representatives. cited in section 1; DEAR MR. CHAIRMAN: As you requested, here is the report of the (2) Strike "seventy-eight" in line 1 on page 2, and insert in Department of Agriculture on H.R. 3030, a bill "To designate certain lieu thereof "fifty-four"; lands in the Angeles and San Bernardino National Forests as the (3) Strike "one vear" in line 8 on page 2, and insert in lieu 'Sheep Mountain Wilderness'." thereof "three-year"; The Department of Agriculture recommends that H.R. 3030 not be (4) Strike the first sentence of section 2 which appears in lines enacted. 15 through 20 on page 2; and H.R. 3030 would designate as wilderness certain lands comprising (5) Strike section 4 in its entirety, and redesignate section 5 about 52,000 acres in the Angeles and San Bernardino National as section 4. Forests, California, which are generally depicted on a map entitled We estimate that this Department's share of the cost for a wilder- "Sheep Mountain Wilderness-Proposed", dated February 1974. The ness study of the Great Bear area would be about $600,000 if we were area would be known as the "Sheep Mountain Wilderness", and it required to accelerate the study process within one year, or about would be administered in accordance with the provisions of the Wil- $500,000 if three years were available for the study. derness Act (78 Stat. 890; 16 U.S.C. 1131-1136). The Office of Management and Budget advises that there is no The Sheep Mountain Area was reviewed during the recent Forest objection to the presentation of this report from the standpoint of Service study of all national forest roadless areas containing 5,000 the Administration's program. acres or more. Nationwide, 1,449 national forest roadless areas con- Sincerely, taining about 56 million acres were systematically evaluated. Of this JOHN A. KNEBEL, number, 136 roadless areas totaling about 3 million acres are located Under Secretary. in California. Each of the areas was rated as to its potential wilder- Enclosure. ness quality using criteria such as scenic quality, isolation, size. and variety of potential wilderness experience. The procedure also evalu- USDA SUPPLEMENTAL STATEMENT, PROPOSED GREAT BEAR WILDERNESS ated other resource values that would be foregone by wilderness desig- STUDY, S. 392 nation. Major efforts were made to involve the public in the decision- making process at local, State, and national levels. From the inven- The following table summarizes the relationship between the acreage that would be designated for wilderness study by S. 392 and the tory of 1,449 areas, 274 areas were selected as wilderness study areas. In California, the 31.680-acre Sheep Mountain Area is one of 22 areas acreage included in the Forest Service roadless area review of the Great Bear area. totaling about 991,000 acres that was selected as a wilderness study 42 43 area. The area that would be designated as wilderness by H.R. 3030 DEPARTMENT OF AGRICULTURE, includes the Sheep Mountain Wilderness Study Area and an addi- OFFICE OF THE SECRETARY, tional 20,320 acres of contiguous land. Washington, D.C., October 21, 1975. The Forest Service land-use planning process provides the basis Hon. JAMES A. HALEY, and context for the study of national forest areas. Public involvement Chairman, Committee on Interior and Insular Affairs, is an important part of that process. Of the 52,000 acres proposed in House of Representatives. H.R. 3030 for wilderness designation, about 47,500 acres are within DEAR MR. CHAIRMAN: As you requested, here is our report on H.R. the San Gabriel Planning Unit of the Angeles National Forest, and 3656, a bill "To study certain lands in the Sierra National Forest, Cal- about 4,500 acres along the northeast boundary are within the Cajon ifornia, for the possible inclusion in the National Wilderness Preserva- Planning Unit of the San Bernardino National Forest. Inventory tion System." data has been collected within the San Gabriel Planning Unit, and The Department of Agriculture recommends that H.R. 3656 not be we expect to file a Draft Environmental Statement analyzing man- enacted. agement alternatives early in 1976. Inventory data collection within H.R. 3656 would direct the Secretary of Agriculture to review, as the Cajon Planning Unit will begin in 1977 with a Draft Environ- to their suitability or nonsuitability for preservation as wilderness, mental Statement on management alternatives to be filed late in 1978. certain lands comprising about 28,000 acres in the Sierra National On both units, final management plans and final environmental state- Forest, California. The lands to be reviewed are generally depicted on ments will not be developed until the public and agency reviews of the a map entitled "Kaiser Wilderness Study Area", dated February 1974. draft statements have been completed. The review would be conducted in accordance with section 3(d) of the In addition to the study of the planning units, the Sheep Mountain Wilderness Act (78 Stat. 892; 16 U.S.C. 1132(d)). The Secretary Wilderness Study Area will be studied in greater detail to determine would be required to report his findings to the President within two its suitability or nonsuitability for possible inclusion in the National years from the date of enactment. During the review period and for a Wilderness Preservation System. Contiguous lands will also be con- period of four years after the recommendations of the President are sidered. Information on minerals within the Sheep Mountain Wilder- submitted to Congress, the Secretary would be required to manage and ness Study Area should be available from the U.S. Geological Survey protect the resources of the affected lands in a manner to assure that and the U.S. Bureau of Mines by the end of 1976. Preliminary recom- their suitability for wilderness designation would not be impaired. Es- mendations concerning wilderness designation will be presented to tablished uses of Federal lands outside the study area could not be the public for additional evaluation and comment. Upon completion terminated or phased out solely because such lands are contiguous to of the detailed study and review of the public response, we will recom- the study area. mend wilderness designation for any areas we believe should be added The Kaiser Roadless Area was inventoried and reviewed during the to the National System. recent Forest Service study of all National Forest roadless areas con- During the entire study process, the Sheep Mountain Wilderness taining 5,000 acres or more. It is our understanding that the study area Study Area will be managed SO as to protect it from activities that identified in H.R. 3656 is intended to include only the 25,400-acre in- would change the land characteristics in such a way as to disqualify ventoried Kaiser Roadless Area. While H.R. 3656 indicates the study the area from wilderness designation. area contains about 28,000 acres, we estimate that there are only 25.400 We strongly recommend that the Sheep Mountain Wilderness Study acres within the study boundary. Like many other inventoried roadless Area not be designated as wilderness without the completion of de- areas, the Kaiser Roadless Area is suitable for a broad range of com- tailed studies of all resource values. including wilderness values. modity and noncommodity uses. The present and projected supply of Based on the results of the studies now underway or to be undertaken, goods and services from the National Forests is based on the assump- a more deliberate, orderly decision can be made as to the desirability tion that many of the roadless areas will be at least partially developed. of adding any specific area to the National Wilderness Preservation After an analysis of resource data and public comment, the Kaiser System. Roadless Area was not selected as a wilderness study area. because, in The Office of Management and Budget advises that there is no our judgment, it should be managed to provide a variety of resources objection to the presentation of this report from the standpoint of the and services. Administration's program. Over the past several years, timber harvesting has been repeatedly Sincerely, delayed within portions of the inventoried Kaiser Roadless Area be- ROBERT W. LONG, cause of concerns expressed, particularly by residents of the Hunting- Assistant Secretary. ton Lake area, that timber harvesting would adversely affect the rec- reational and scenic values of lands north of Huntington Lake. We 45 44 which will be managed for their recreational and scenic qualities as have carefully evaluated the potential impacts of timber harvesting, well as 160 acres of private land in three tracts. considered management alternatives, and obtained public input in ac- There are about 530 million board feet of largely old growth, over- cordance with the National Environmental Policy Act of 1969 (83 mature timber within the inventoried Kaiser Roadless Area. The gen- Stat. 852; 42 U.S.C. 4321 et seq.). Our plan, as a result of that evalua- eral forest zone portion of the area has an excellent tree-growing capa- tion, is to proceed with timber harvesting within portions of the area. bility, and it could produce a sustained annual yield of about 5 million Specific measures will be taken to protect recreational, scenic, and en- board feet under management. vironmental values during and after timber harvest. Our evaluation of proposed timber harvesting within portions of We plan to offer three sales totaling about 99 million board feet from the inventoried Kaiser Roadless Area was done formally and publicly the Kaiser Roadless Area during the current fiscal year for processing through two evironmental statements prepared in accordance with the through sawmills in Auberry, Madera, North Fork, Clovis, and Din- National Environmental Policy Act (83 Stat. 852; 42 U.S.C. 4321 et uba, California. Deferral of these sales would reduce the fiscal year seq.). The final North Shore Huntington Lake Timber Sales Environ- 1976 timber sales program for the Sierra National Forest by about 65 mental Statement was made available to the Council on Environmen- percent (99 of 152 million board feet). Repeated deferrals of timber tal Quality and to the public on June 7, 1974. Likewise, the final sales within the Kaiser Roadless Area and other roadless areas have Aspen-Horsethief Timber Sales Environmental Statement was made made it necessary in recent years to harvest timber from other more made available on May 12, 1975. These documents were written in available and more accessible areas, in order to maintain the Forest's accordance with our policy to prepare environmental statements for timber harvesting program at planned levels. It will not be possible to proposed activities that would affect the wilderness character of any maintain the Forest's fiscal year 1976 program at the level of 152 mil- inventoried National Forest roadless area. Both statements considered lion board feet unless sales are made within the Kaiser Roadless Area. several other management alternatives for portions of the Kaiser In summary, we strongly urge the Congress not to enact H.R. 3656. Roadless Area, including retention of wilderness character pending We have reviewed the wilderness values and other resource values of intensive wilderness studies. Significant changes in proposed manage- the Kaiser Roadless Area; we have obtained public input on manage- ment activities were made as a result of public input, and these changes ment alternatives; and we have concluded that the area should be man- are reflected in the final environmental statements. aged for a broader range of resource uses than would be possibly under As described in the environmental statement for the North Shore wilderness designation. A final management decision could be delayed Huntington Lake portion, the initial harvest there will remove only for up to six years if H.R. 3656 were enacted. Meanwhile, our ability to defective, suppressed, and fallen trees that are merchantable. Subse- provide multiple products and services from the Sierra National For- quent harvests will use selection, thinning, and shelterwood methods. est would be seriously restricted, and there would be adverse effects on Clearcut methods, if used at all, will be limited to 5 acres, and they local employment and economic conditions. will be shaped in naturalistic patterns. All timber management activi- Additional information concerning our planned management of the ties will be carried out SO as to retain the scenic continuity of the area Kaiser Roadless Area is provided in the enclosed supplemental facing Huntington Lake. statement. Within the Aspen-Horsethief portion, the initial harvest will pri- The Office of Management and Budget advises that there is no ob- marily use the shelterwood method to obtain natural regeneration from jection to the presentation of this report from the standpoint of the residual seed trees on 14 small areas totaling about 1,000 acres. Sub- Administration's program. sequent harvests will apply the shelterwood method to unharvested Sincerely, areas, remove residual seed trees after young trees are established, and J. PHIL CAMPBELL. maintain optimum growing conditions through salvage logging and Under Secretary. commercial thinning. Enclosure. We recognize that the "need" for additional designated wilderness within any general region is a very subjective question. However, in USDA SUPPLEMENTAL STATEMENT, H.R. 3656, KAISER ROADLESS AREA, the case of Kaiser Ridge, we believe it is important to point out that SIERRA NATIONAL FOREST, CALIF. management options are already limited to favor wilderness and rec- reation on almost 2.3 million acres of Federal land within the Sierra Sierra National Forest plans indicate that the 25,400-acre inven- Nevada of central California. To the north of Kaiser Ridge are Yosem- toried Kaiser Roadless Area contains two primary management zones ite National Park (757,991 acres), the Minarets Wilderness (109,484 of about equal size. About 12,400 acres of crest zone along Kaiser Ridge acres), and the San Joaquin Wilderness Study Areas (39,080 acres). should remain undeveloped, and we will continue to manage this zone To the east is the John Muir Wilderness (503,478 acres). To the south SO as to maintain its primitive and natural qualities. An area of about are the Sequoia and Kings Canyon National Parks (838,976 acres) and 13.000 acres within the general forest zone below Kaiser Ridge does not the proposed Monarch Wilderness (30,689 acres). have outstanding wilderness attributes, but it does have other signifi- cant resources that we plan to manage for timber and other values. This 13,000-acre area also includes 800 acres along streams and trails CORRECTED SHEET S. 1026 Ainety-fourth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the nineteenth day of January, one thousand nine hundred and seventy-six An Act To designate certain lands as wilderness. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, DESIGNATION OF WILDERNESS AREAS WITHIN THE NATIONAL WILDLIFE REFUGE SYSTEM SECTION 1. In accordance with subsection 3 (c) of the Wilderness Act (78 Stat. 892), the following lands are hereby designated as wilderness and, therefore, as components of the National Wildnerness Preserva- tion System: (a) certain lands in the Simeonof National Wildlife Refuge, Alaska, which comprise approximately twenty-five thousand one hundred and forty-one acres, which are depicted on a map entitled "Simeonof Wilderness Proposal", dated January 1971, and which shall be known as the Simeonof Wilderness; (b) certain lands in the Big Lake National Wildlife Refuge, Arkansas, which comprise approximately two thousand six hun- dred acres, which are depicted on a map entitled "Big Lake Wilderness Proposal", dated June 1976, and which shall be known as the Big Lake Wilderness; (c) certain lands in the Chassahowitzka National Wildlife Refuge, Florida, which comprise approximately twenty-three thousand three hundred and sixty acres, which are depicted on a map entitled "Chassahowitzka Wilderness Proposal", dated March 1975, and which shall be known as the Chassahowitzka Wilderness; (d) certain lands in the J. N. "Ding" Darling National Wildlife Refuge, Florida, which comprise approximately two thousand eight hundred and twenty-five acres, which are depicted on a map entitled "J. N. 'Ding' Darling Wilderness Proposal", dated March 1975, and which shall be known as the J. N. "Ding" Darling Wilderness; (e) certain lands in the Lake Woodruff National Wildlife Refuge, Florida, which comprise approximately one thousand one hundred and forty-six acres, which are depicted on a map entitled "Lake Woodruff Wilderness Proposal", dated June 1976, and which shall be known as the Lake Woodruff Wilderness; (f) certain lands in the Crab Orchard National Wildlife Refuge, Illinois, which comprise approximately four thousand and fifty acres, which are depicted on a map entitled "Crab Orchard Wilderness Proposal", dated January 1973, and which shall be known as the Crab Orchard Wilderness; (g) certain lands in the Lacassine National Wildlife Refuge, Louisiana, which comprise approximately three thousand three hundred acres, which are depicted on a map entitled "Lacassine Wilderness Proposal", dated June 1976, and which shall be known as the Lacassine Wilderness; (h) certain lands in the Agassiz National Wildlife Refuge, Minnesota, which comprise approximately four thousand acres, S. 1026-2 which are depicted on a map entitled "Agassiz Wilderness Pro- posal", dated November 1973, and which shall be known as the Agassiz Wilderness; (i) certain lands in the Tamarac National Wildlife Refuge, Minnesota, which comprise approximately two thousand one hundred and thirty-eight acres, which are depicted on a map entitled "Tamarac Wilderness Proposal", dated January 1973, and which shall be known as the Tamarac Wilderness; (j) certain lands in the Mingo National Wildlife Refuge, Missouri, which comprise approximately eight thousand acres, which are depicted on a map entitled "Mingo Wilderness Pro- posal", dated March 1975, and which shall be known as the Mingo Wilderness; (k) certain lands in the Red Rock Lakes National Wildlife Refuge, Montana, which comprise approximately thirty-two thousand three hundred and fifty acres, which are depicted on a map entitled "Red Rock Lakes Wilderness Proposal", dated January 1974, and which shall be known as the Red Rock Lakes Wilderness; (1) certain lands in the Medicine Lake National Wildlife Refuge, Montana, which comprise approximately eleven thousand three hundred and sixty-six acres, which are depicted on a map entitled "Medicine Lake Wilderness Proposal", dated November 1973, and which shall be known as the Medicine Lake Wilderness; (m) certain lands in the UL Bend National Wildlife Refuge, Montana, which comprise approximately twenty thousand eight hundred and ninety acres, which are depicted on a map entitled "UL Bend Wilderness Proposal", dated June 1976, and which shall be known as the UL Bend Wilderness; (n) certain lands in the Fort Niobrara National Wildlife Refuge, Nebraska, which comprise approximately four thousand six hundred and thirty-five acres, which are depicted on a map entitled "Fort Niobrara Wilderness Proposal", dated November 1973, and which shall be known as the Fort Niobrara Wilderness; (o) certain lands in the Swanquarter National Wildlife Refuge, North Carolina, which comprise approximately nine thousand acres, which are depicted on a map entitled "Swan- quarter Wilderness Proposal", dated December 1973, and which shall be known as the Swanquarter Wilderness; (p) certain lands in the San Juan Islands National Wildlife Refuge, Washington, which comprise approximately three hundred and fifty-five acres, which are depicted on a map entitled "San Juan Islands Wilderness Proposal", dated August 1971 (revised July 1976), and which shall be known as the San Juan Wilderness. DESIGNATION OF WILDERNESS AREAS WITHIN THE NATIONAL FOREST SYSTEM SEC. 2. (a) In accordance with the subsection 3(b) of the Wilderness Act (78 Stat. 891), the area in the Shoshone National Forest in Wyoming classified as the Glacier Primitive Area, with the proposed additions thereto and deletions therefrom, comprising an area of approximately one hundred and ninety-seven thousand six hundred S. 1026-3 acres as generally depicted on a map entitled "Glacier Wilderness Proposed", dated March 1975 (revised August 1976), is hereby desig- nated as the "Fitzpatrick Wilderness" and, therefore, as a component of the National Wilderness Preservation System. (b) In furtherance of the purposes of the Wilderness Act (78 Stat. 890), the following lands are hereby designated as wilderness and, therefore, as components of the National Wilderness Preserva- tion System: (1) certain lands in the Sierra National Forest in California, which comprise about twenty-two thousand five hundred acres, as generally depicted on a map entitled "Kaiser Wilderness-Pro- posed", dated August 1976, and shall be known as Kaiser Wilderness; (2) certain lands in the Mark Twain National Forest in Mis- souri, which comprise about twelve thousand three hundred and fifteen acres, as generally depicted on a map entitled "Hercules- Glades Wilderness, Proposed", dated March 1976, and shall be known as the Hercules-Glades Wilderness; DESIGNATION OF WILDERNESS STUDY AREAS WITHIN THE NATIONAL FOREST SYSTEM SEC. 3. (a) In furtherance of the purposes of the Wilderness Act (78 Stat. 890) and in accordance with the provisions of subsection 3(d) of that Act (78 Stat. 892, 893), relating to public notice, public hearings, and review by State and other agencies, the Secretary of Agriculture shall review, as to its suitability or nonsuitability for preservation as wilderness, each wilderness study area designated by or pursuant to subsection (b) of this section and report his findings to the President. The President shall advise the United States Senate and the House of Representatives of his recommendations with respect to the designation as wilderness of each such area on which the review has been completed, together with a map thereof and a definition of its boundaries. (b) Wilderness study areas to be reviewed pursuant to this sec- tion include- (1) certain lands in the Angeles and San Bernardino National Forests in California, which comprise approximately fifty-two thousand acres, and which are generally depicted on a map entitled "Sheep Mountain Wilderness, Proposed", and dated February 1974. The Secretary shall complete his review and report his find- ings to the President and the President shall submit to the United States Senate and the House of Representatives his recommenda- tions with respect to the designation of the Sheep Mountain Wilderness Study Area as wilderness not later than two years after the date of enactment of this Act; (2) certain lands in the Mendocino National Forest in Cali- fornia, which comprise approximately thirty-seven thousand acres, and which are generally depicted on a map entitled "Snow Mountain Wilderness Proposed", and dated June 1971. The Sec- retary shall complete his review and report his findings to the President and the President shall submit to the United States Senate and the House of Representatives his recommendations with respect to the designation of the Snow Mountain Wilderness Study Area as wilderness not later than two years after the date of enactment of this Act; CORRECTED SHEET S. 1026-4 (3) certain lands in the Mark Twain National Forest in Mis- souri, which comprise approximately eight thousand five hundred and thirty acres, and which are generally depicted on a map entitled "Bell Mountain Wilderness Study Area", and dated March 1976. The Secretary shall complete his review and report his findings to the President and the President shall submit to the United States Senate and the House of Representatives his recommendations with respect to the designation of the Bell Mountain Wilderness Study Area as wilderness not later than five years after the date of enactment of this Act; (4) certain lands in the Mark Twain National Forest in Mis- souri, which comprise approximately six thousand eight hundred and eighty-eight acres, and which are generally depicted on a map entitled "Paddy Creek Wilderness Study Area", and dated March 1976. The Secretary shall complete his review and report his findings to the President and the President shall submit to the United States Senate and the House of Representatives his recom- mendation with respect to the designation of the Paddy Creek Wilderness Study Area as wilderness not later than five years after the date of enactment of this Act; (5) certain lands in the Mark Twain National Forest in Mis- souri, which comprise approximately eight thousand four hundred and thirty acres, and which are generally depicted on a map entitled "Piney Creek Wilderness Study Area", and dated March 1976. The Secretary shall complete his review and report his findings to the President and the President shall submit to the United States Senate and the House of Representatives his recom- mendation with respect to the designation of the Piney Creek Wilderness Study Area as wilderness not later than five years after the date of enactment of this Act; (6) certain lands in the Mark Twain National Forest in Mis- souri, which comprise approximately four thousand one hundred and seventy acres, and which are generally depicted on a map entitled "Rockpile Mountain Wilderness Study Area", and dated March 1976. The Secretary shall complete his review and report his findings to the President and the President shall submit to the United States Senate and the House of Representatives his recommendation with respect to the designation of the Rockpile Mountain Wilderness Study Area as wilderness not later than five years after the date of enactment of this Act; (7) certain lands in the Flathead and Lewis and Clark National Forests in Montana, which comprise approximately three hundred ninety-three thousand acres, and which are gen- erally depicted on a map entitled "Great Bear Wilderness- Proposed", and dated November 1975 (revised August 1976). The Secretary shall complete his review and report his findings to the President and the President shall submit to the United States Senate and the House of Representatives his recommendation with respect to the designation of the Great Bear Wilderness Study Area as wilderness not later than nineteen months after the date of enactment of this Act; and in conducting his review, the Secre- tary of Agriculture, in consultation with the Secretary of the In- terior, shall identify any potential utility corridors within or CORRECTED SHEET S. 1026-5 contiguous to the study area, review any adverse effects such corridors may have on the wilderness character of such area, de- termine whether any such corridor is necessary, and, if a determi- nation of necessity is made, select a route and design which will minimize such effects. Nothing in this section shall be construed as prohibiting the siting of any such corridor within the bound- aries of any area recommended by the President for wilderness preservation pursuant to this Act or designated as wilderness by the Congress and; (8) certain lands in the Deer Lodge and Helena National Forests, in Montana, which comprise approximately seventy-seven thousand three hundred and forty-six acres and which are gener- ally depicted on a map entitled "Elkhorn Wilderness Study Area" and dated April 1976. The Secretary shall complete his review and report his findings to the President and the President shall submit to the United States Senate and the House of Representatives his recommendation with respect to the designation of the Elkhorn Wilderness Study area as wilderness not later than two years after the date of enactment of this Act. (c) Nothing herein contained shall limit the President in proposing, as part of his recommendations to Congress, the alteration of existing boundaries of any wilderness study area or recommending the addition to any such area of any contiguous area predominately of wilderness value. Any recommendation of the President to the effect that such area or portion thereof should be designated as "wilderness" shall become effective only if SO provided by an Act of Congress. (d) Subject to existing private rights, the wilderness study areas designated by this Act shall, until Congress determines otherwise, be administered by the Secretary of Agriculture SO as to maintain their presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System, except that such man- agement requirement shall not extend beyond a period of four years from the date of submission to the Congress of the President's recom- mendation concerning the particular study area. Already established uses may be permitted to continue, subject to such restrictions as the Secretary of Agriculture deems desirable, in the manner and degree in which the same was being conducted on the date of enactment of this Act. ADMINISTRATIVE PROVISIONS SEC. 4. Except as otherwise provided in this Act, all primitive area classifications of areas herein designated as wilderness are hereby abolished. SEC. 5. As soon as practicable after this Act takes effect, a map of each wilderness study area and a map and a legal description of each wilderness area shall be filed with the Committees on Interior and Insular Affairs of the United States Senate and House of Representa- tives, and each such map and description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in each such legal description and map may be made. Each such map and legal description shall be on file and available for public inspection in the Office of the Chief, Forest Service, Department of Agriculture. S. 1026-6 SEC. 6. Wilderness areas designated by this Act shall be administered in accordance with the applicable provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except 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 this Act, and any reference to the Secretary of Agriculture shall be deemed to be a reference to the Secretary who has administrative jurisdiction over the area. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.