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1974/12/26 HR11013 Farallon Wilderness and Point Keyes National Seashore
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1974/12/26 HR11013 Farallon Wilderness and Point Keyes National Seashore
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The original documents are located in Box 16, folder "1974/12/26 HR11013 Farallon Wilderness and Point Keyes National Seashore" 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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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. from Box 16 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library APPROVED DEC THE WHITE HOUSE ACTION WASHINGTON Last Day: December 27 Posterado December 23, 1974 12/26 MEMORANDUM FOR: THE PRESIDENT Jo archive 12/30 FROM: KEN COLE SUBJECT: Enrolled Bill H.R. 11013 - Farallon Wilderness and Point Reyes National Seashore Attached for your consideration is H.R. 11013, sponsored by Representative Burton, which designates certain lands in the Farallon National Wildlife Refuge in California as wilderness and adds approximately 499 acres to the existing Point Reyes National Seashore in California. OMB recommends approval and provides you with additional background information in its enrolled bill report (Tab A). Max Friedersdorf and Phil Areeda both recommend approval. RECOMMENDATION That you sign H.R. 11013 (Tab B). BERAL - FORD LIBRARY APPROVED DEC 26 STATE UNITED PRESIDENT EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 DEC 2 0 1974 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 11013 - Farallon Wilderness; and, Point Reyes National Seashore Sponsor - Rep. Burton (D) California Last Day for Action December 27, 1974 - Friday Purpose Designates certain lands in the Farallon National Wildlife Refuge as wilderness; and adds certain lands to the Point Reyes National Seashore. Agency Recommendations Office of Management and Budget Approval Department of the Interior Approval Department of the Army No objection Department of Commerce No objection Department of Transportation No objection Council on Environmental Quality No objection Department of Agriculture Defers to Interior Federal Energy Administration Defers to Interior (informally) Discussion Title I --- Farallon Wilderness Under the Wilderness Act, Agriculture and Interior are required to make recommendations to the President for additions to the National Wilderness Preservation System, 2 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 be undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to preserve its natural conditions. Title I of the enrolled bill, which is essentially identical in substance to a proposal that was transmitted to Congress by the Nixon Administration, would establish the Farallon Wilderness comprising an area of about 141 acres within the Farallon National Wildlife Refuge. The 211 acre refuge consists of four rugged and picturesque island groups extending over about seven miles of the Pacific Ocean, some 30 miles off shore from San Francisco, California. The islands host up to 200,000 nesting birds each summer and they support the largest colony of cormorants on the entire Pacific coast, outside Alaska. The only part of the refuge that would be excluded from the wilderness area is Southeast Farallon Island which has a lighthouse and related facilities that are used by U. S. Coast Guard on a year round basis. Title II -- Point Reyes National Seashore Addition Title II of H.R. 11013 would add two tracts of land which approximate 449 acres to the existing Point Reyes National Seashore (presently totals 64,850 acres). The estimated cost of acquiring these lands is $1,090,500 although this would be accommodated within the current authorization ceiling of $57,500,000. In reporting on title II to the Congress, Interior stated that this land acquisition was not a matter of priority and that such an expenditure could not be justified. In this regard, the Department noted that the source of such land acquisition funds, the Land and Water Conservation Fund, was already subject to substantial and more meritorious land acquisition claims. However, in its report on H.R. 11013, the Senate Interior Committee stated that the additional land acquisition was necessary (1) to protect the natural esthetic setting of the seashore and (2) for construction and maintenance of a visitor's center. 3 In its views letter on the enrolled bill, Interior notes with respect to title II that: " Having spent a good deal of money to acquire the existing land, the additional expenditure needed is not excessive to complete and assure the scenic beauty of the area, in view of the purpose of the Seashore to preserve the land in its wild state. Therefore, we recommend Presidential approval of the bill." Although we continue to question the priority of adding these two tracts to the seashore, we do not believe that the bill warrants veto. We make this recommendation largely on the basis that (1) the additional acquisition costs can be accommodated within the present authorization ceiling and (2) title I would establish a wilderness area that has been proposed by the Administration. Romeral Assistant Director for Legislative Reference Enclosures PRESIDENT EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET 12-20-74 STATE WASHINGTON, D.C. 20503 DEC 2 0 1974 1:00 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 11013 - Farallon Wilderness; and, Point Reyes National Seashore Sponsor - Rep. Burton (D) California Last Day for Action December 27, 1974 - Friday Purpose Designates certain lands in the Farallon National Wildlife Refuge as wilderness; and adds certain lands to the Point Reyes National Seashore. Agency Recommendations Office of Management and Budget Approval Department of the Interior Approval Department of the Army No objection Department of Commerce No objection Department of Transportation No objection Council on Environmental Quality No objection Department of Agriculture Defers to Interior Federal Energy Administration Defers to Interior (informally) Discussion Title I -- Farallon Wilderness Under the Wilderness Act, Agriculture and Interior are required to make recommendations to the President for additions to the National Wilderness Preservation System, THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: 811 Date: December 20, 1974 Time: 9:30 pm ok FOR ACTION: Mike Duval Phil Areeda ok cc (for information): Warren Hendriks ok Jerry Jones Max Friedersdorf FROM THE STAFF SECRETARY DUE: Date: Monday, December 23 Time: noon SUBJECT: Enrolled Bill H.R. 11013 Farallon Wilderness and Point Reyes National Seashore ACTION REQUESTED: For Necessary Action X 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 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 OF THE ENTERIOR S United States Department of the Interior OFFICE OF THE SECRETARY ADVANCE March 3, 1949 WASHINGTON, D.C. 20240 Dear Mr. Ash: This responds to your request for the views of this Department on enrolled bill H.R. 11013, "To designate certain lands in the Farallon National Wildlife Refuge, California, as wilderness; to add certain lands to the Point Reyes National Seashore; and for other purposes". We recommend that the President approve the enrolled bill. H.R. 11013 would designate 141 acres of the Farallon National Wildlife Refuge, California, as wilderness, to be administered by the Secretary of the Interior as the Farallon Wilderness. The second title of the bill would add approximately 448 acres to the Point Reyes National Seashore. The Point Reyes Act of 1962, which created the Point Reyes National Seashore did not, because of a surveying error, include 167 acres of land, predominantly privately held, which sits atop Inverness Ridge overlooking the Seashore. This land is now facing residential development pressure. The property is needed to preserve visual integrity of the area, to assure an unbroken natural ridgeline overlooking the Seashore and to avoid marring the scenic beauty, by allowing the encroachment of development on a highly visible section of the Seashore. The other 281 acres, added by the Senate to the House version of the bill, provides an area across Bear Valley Road from the Seashore Headquarters for public parking and shuttle transportation into the Seashore, as well as containing several fault features of significance for study of the San Andreas fault. This acreage is now available for purchase from the family owning the land, which has previously refused to sell the land. Additionally, the acreage will provide a scenic buffer zone across from the Seashore Headquarters, necessary due to gradual commercial develop- ment of the area. CONSERVE AMERICA'S ENERGY Save Energy and You Serve America! The land may be acquired under the original funding authorization of the Point Reyes Act. Though the acreage is expected to cost approximately $1,090,500, no additional authorization is necessary since the previous funding for the acquisition of the Seashore will still adequately cover this addition. Having spent a good deal of money to acquire the exist- ing land, the additional expenditure needed is not excessive to complete and assure the scenic beauty of the area, in view of the purpose of the Seashore to preserve the land in its wild state. Therefore, we recommend Presidential approval of the bill. Sincerely yours, Secretary of the Interior Honorable Roy L. Ash Director Office of Management and Budget Washington, D. C. 20503 DEBAT IMENT OF OFFINE DEPARTMENT OF THE ARMY WASHINGTON, D.C. 20310 (NITED STATES OF AMERICA 1 8 DEC 1974 Honorable Roy L. Ash Director Office of Management and Budget Dear-Mr. Ash: This is in reply to your request for the views of the Department of the Army on enrolled enactment H.R. 11013, 93d Congress, "To designate certain lands in the Farallon National Wildlife Refuge, California, as wilderness; to add certain lands to the Point Reyes National Seashore; and for other purposes." The Department of the Army has no objection to the approval of the enrolled enactment. Section 101 of the enrolled enactment designates 141 acres of the 211-acre Farallon National Wildlife Refuge as wilderness. This area consists of four rugged rock island groups extending over seven miles of the Pacific Ocean, 28 miles offshore from San Francisco, California. This section represents congressional approval of the President's recommendations dated April 28, 1971, for the designation of this area as a part of the National Wilderness System. Section 201 of the enrolled enactment amends Section 2(a) of the Act of September 13, 1962 for the purpose of readjusting the boundaries of Point Reyes National Seashore, California, by adding an additional 450 acres which were inadvertently excluded from the National Seashore through an error in its survey. Sincerely, Herman R Standt Herman R. Staudt Acting Secretary of the Army DEPARTMENT OF GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE UNITED STATES OF AMERICA Washington, D.C. 20230 DEC 1 8 1974 Honorable Roy L. Ash Director, Office of Management and Budget Washington, D. C. 20503 Attention: Assistant Director for Legislative Reference Dear Mr. Ash: This is in reply to your request for the views of this Department concerning H.R. 11013, an enrolled enactment "To designate certain lands in the Farallon National Wildlife Refuge, California, as wilderness; to add certain lands to the Point Reyes National Seashore; and for other purposes. 11 This Department would have no objection to approval by the President of H.R. 11013. Enactment of this legislation will not involve the expenditure of any funds by this Department. Sincerely, Karl E. Bakke General Counsel 4020 is DELIV OF DEPARTMENT DEPARTATION OFFICE OF THE SECRETARY OF TRANSPORTATION * WASHINGTON, D.C. 20590 UNITED STATES OF AMERICA DEC 18 1974 Honorable Roy L. Ash Director Office of Management and Budget Washington, D. C. 20503 Dear Mr. Ash: This is in response to your request for this Department's comments on enrolled bill H. R. 11013, "To designate certain lands in the Farallon National Wildlife Refuge, California, as wilderness; to add certain lands to the Point Reyes National Seashore; and for other purposes." This enrolled bill has been reviewed in light of the programs and policies of the Department of Transportation, and we have no objection to its enactment. Sincerely, Rad Egt Rodney E. Eyster General Counsel DEC BECEINED EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY 722 JACKSON PLACE, N. W. WASHINGTON, D. C. 20006 DEC 17 1974 MEMORANDUM FOR W. H. ROMMEL OFFICE OF MANAGEMENT AND BUDGET ATTN: Mrs. Mohr SUBJECT: Enrolled Bill, H.R. 11013, "To designate certain lands in the Farallon National Wildlife Refuge, California, as wilderness; to add certain lands to the Point Reyes National Seashore; and for other purposes." This is in response to your request of December 13, for our views on the subject enrolled bill. The Council has no objection to the approval and enactment of this bill. Hangwidm Gary Widman General Counsel M DEC bW 4:31 BECEIVED INSURANCE DEPARTMENT OF DEPARTMENT COMMISSION DEPARTMENT OF AGRICULTURE OFFICE OF THE SECRETARY WASHINGTON, D. C. 20250 December 19, 1974 Honorable Roy L. Ash Director, Office of Management and Budget Dear Mr. Ash: In reply to the request from your office, the following report is submitted on the enrolled enactment H.R. 11013, "To designate certain lands in the Farallon National Wildlife Refuge, California, as wilderness; to add certain lands to the Point Reyes National Seashore; and for other purposes." The Department of Agriculture defers to the Department of the Interior for a recommendation on whether the President should approve this enactment, because the enactment does not affect lands or programs administered by this Department. Title I of the enactment would designate about 141 acres of the Farallon National Wildlife Refuge, on an island off the coast of California, as wilderness to be known as the Farallon Wilderness and to be administered by the Secretary of the Interior in accordance with the applicable provisions of the Wilderness Act. Title II would add certain lands to the Point Reyes National Seashore on the Point Reyes Peninsula, Marin County, California, by amending subsection (a) of section 2 of the Act of September 13, 1962 (76 Stat. 538). The Secretary of the Interior would publish the amended description of the boundaries of the Point Reyes National Seashore in the Federal Register and take other action to publicly announce and record the amended description of boundaries as required by the second sentence of subsection (b) of section 4 of the Act of September 13, 1962, as amended. Sincerely, Campbell Under Secretary OF THE INTERIOR THE INTERIOR United States Department of the Interior OFFICE OF THE SECRETARY March 1849 WASHINGTON, D.C. 20240 DEC 1 9 1974 Dear Mr. Ash: This responds to your request for the views of this Department on enrolled bill H.R. 11013, "To designate certain lands in the Farallon National Wildlife Refuge, California, as wilderness; to add certain lands to the Point Reyes National Seashore; and for other purposes". We recommend that the President approve the enrolled bill. H.R. 11013 would designate 141 acres of the Farallon National Wildlife Refuge, California, as wilderness, to be administered by the Secretary of the Interior as the Farallon Wilderness. The second title of the bill would add approximately 448 acres to the Point Reyes National Seashore. The Point Reyes Act of 1962, which created the Point Reyes National Seashore did not, because of a surveying error, include 167 acres of land, predominantly privately held, which sits atop Inverness Ridge overlooking the Seashore. This land is now facing residential development pressure. The property is needed to preserve visual integrity of the area, to assure an unbroken natural ridgeline overlooking the Seashore and to avoid marring the scenic beauty, by allowing the encroachment of development on a highly visible section of the Seashore. The other 281 acres, added by the Senate to the House version of the bill, provides an area across Bear Valley Road from the Seashore Headquarters for public parking and shuttle transportation into the Seashore, as well as containing several fault features of significance for study of the San Andreas fault. This acreage is now available for purchase from the family owning the land, which has previously refused to sell the land. Additionally, the acreage will provide a scenic buffer zone across from the Seashore Headquarters, necessary due to gradual commercial develop- ment of the area. CONSERVE AMERICA'S ENERGY Save Energy and You Serve America! The land may be acquired under the original funding authorization of the Point Reyes Act. Though the acreage is expected to cost approximately $1,090,500, no additional authorization is necessary since the previous funding for the acquisition of the Seashore will still adequately cover this addition. Having spent a good deal of money to acquire the exist- ing land, the additional expenditure needed is not excessive to complete and assure the scenic beauty of the area, in view of the purpose of the Seashore to preserve the land in its wild state. Therefore, we recommend Presidential approval of the bill. Sincerely yours, Curtis Bohlen Acting Assistant Secretary of the Interior Honorable Roy L. Ash Director Office of Management and Budget Washington, D. C. 20503 THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON, LOG NO.: 811 Date: December 20, 1974 Time: 9:30 pm FOR ACTION: Mike Duval CC (for information): Warren Hendriks Phil Areeda Jerry Jones Max Friedersdorf FROM THE STAFF SECRETARY DUE: Date: Monday, December 23 Time: noon SUBJECT: Enrolled Bill H.R. 11013 - Farallon Wilderness and Point Reyes National Seashore ACTION REQUESTED: For Necessary Action X 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 OK mhe Deral Be sure Congressional notification are done Cy Max. PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please Warren ,Ka Hendriks telephone the Staff Secretary immediately. For the President 729 THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: 811 Date: December 20, 1974 Time: 9:30 pm FOR ACTION: Mike Duval cc (for information) : Warren Hendriks Phil Areeda Jerry Jones Max Friedersdorf FROM THE STAFF SECRETARY DUE: Date: Monday, December 23 Time: noon SUBJECT: Enrolled Bill H.R. 11013 - Farallon Wilderness and Point Reyes National Seashore ACTION REQUESTED: For Necessary Action X 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 3 12/23 SERVICE R. FORD TIBRARY PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, plèase Warren K. Hendriks telephone the Staff Secretary immediately. For the President THE WHITE HOUSE WASHINGTON December 23, 1974 MEMORANDUM FOR: WARREN HENDRIKS FROM: MAX L. FRIEDERSDORF mf SUBJECT: Action Memorandum - Log No. 811 Enrolled Bill H.R. 11013 - Farallon Wilderness and Point Reyes National Seashore The Office of Legislative Affairs concurs in the attached proposal and has no additional recommendations. Attachment 93D CONGRESS HOUSE OF REPRESENTATIVES REPORT 2d Session No. 93-968 DESIGNATING CERTAIN LANDS IN THE FARALLON NATIONAL WILDLIFE REFUGE, SAN FRANCISCO COUNTY, CALIF., AS WILDERNESS APRIL 3, 1974.-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. 11013] The Committee on Interior and Insular Affairs, to whom was re- ferred the bill (H.R. 11013) to designate certain lands in the Farallon National Wildlife Refuge, San Francisco County, Calif., as wilderness, having considered the same, report favorably thereon with amend- ments and recommend that the bill as amended do pass. The amendments are as follows: Page 1, between lines 2 and 3, insert "Title I". Page 1, at the beginning of line 3, insert "Sec. 101.", strike out "That, in" and insert in lieu thereof "In". Page 2, line 3, strike out "Sec. 2." and insert in lieu thereof "Sec. 102.". Page 2, following line 6, insert the following new text: TITLE II SEC. 201. Section 2 of the Act of September 13, 1962 (76 Stat. 538), as amended (16 U.S.C. 459C-1) is further amended by including the following new subsection (c) : (c) The Point Reyes National Seashore shall include, in addition to those lands hereinbefore described, such lands as are depicted on the map entitled 'Planning Map, Point Reyes National Seashore, Marin County, California', num- bered 8530/30006A and dated February 1974, to which a legal description of such lands shall be attached. For the purposes of this subsection, there are authorized to be appropriated for the acquisition of lands such sums as may be necessary, but not to exceed $200,000." 99-006 3 2 Amend the title SO as to read Geologically, the Farallon Islands are a granitic formation of a decomposing crystalline type. There are some pockets of shallow soil, To designate certain lands in the Farallon National Wildlife Refuge, Califor- particularly on the less vertical portions of Southeast Farallon. No nia, as wilderness; to add certain lands to the Point Reyes National Seashore, and for other purposes. significant mineral deposits are known to exist on any of the islands. PURPOSE The climate is characterized by frequent strong winds and dense fog. Rainfall occurs mainly during winter, with summer moisture The purpose of H.R. 11013, as amended, is to designate certain lands usually limited to damp fogs. Annual precipitation is approximately located within the Farallon National Wildlife Refuge as wilderness 10 inches. and to add approximately 168 acres to the existing Point Reyes Na- Vegetation is sparce. Farallon weed, a plant indigenous to the tional Seashore. islands, predominates. Fourteen other native plants, 68 marine algae, H.R. 11013 was introduced by Mr. Burton. An identical proposal, and six lichens have been identified on Southeast Farallon and most H.R. 4252 was introduced by Mr. Mailliard. A similar proposal is of these occur on certain of the other islands as well. contained in H.R. 5422 and H.R. 5474-omnibus wilderness bills in- The refuge preserves the natural condition of the islands and pro- troduced by Mr. Melcher and Mr. Saylor. vides protection to some 200,000 nesting sea birds of 11 species. There are no active habitat management programs on the islands. The cor- TITLE I-FARALLON WILDERNESS morant colony complex is the largest on the Pacific Coast outside Alaska. Also present are the Cassin's auklet, western gull, ashy petrel, EXPLANATION AND NEED common murre, tufted puffin, and black oystercatcher. The California and Stellar sea lions haul out on these rocks. The Wilderness Act of September 3, 1964 (78 Stat. 890), directed Access to the islands is limited to protect bird colonies, but boat the Secretary of Agriculture to review, within ten years, areas within tours around the refuge are sponsored by the San Francisco Bay area the National Forest System to determine their suitability for preserva- chapter of the National Audubon Society for birdwatching. tion as wilderness. The Secretary of the Interior was directed to re- The Committee endorses the designation of this portion of the Faral- view areas within national parks, national monuments, wildlife lons National Wildlife Refuge for addition to the wilderness system refuges and game ranges for the same purpose. Upon finding favor- and recommends enactment of H.R. 11013 as amended. able to wilderness designation, the respective Departments were di- rected to submit their recommendations to the President in order that TITLE II-POINT REYES NATIONAL SEASHORE ADDITION he might advise the Congress of his recommendations regarding these areas. Any such recommendation of the President for designation of an During the deliberations on this legislation by the Committee on area as wilderness becomes effective only if SO provided by an act of Interior and Insular Affairs mention was made of the fact that a sur- Congress. veying error had apparently been made in the original boundaries The above outlined procedure was followed in the case of the Faral- of the Point Reyes National Seashore. To Correct this mistake, the lon proposal. The Presidential recommendation is dated April 28, Committee agreed to an amendment making this minor (167.83A) 1971, and it, together with the accompanying explanation and justifica- boundary adjustment. Prompt action is considered necessary in order tion, is contained in House Document 92-102, Part 10. to avoid, to the extent possible, any further development on the lands This proposed wilderness contains 141 acres of the existing 211 acre in question. Farallon National Wildlife Refuge. The refuge consists of the emerged By way of background, it should be noted that the legislative his- land of four rugged and picturesque island groups above mean high tory of the original Act creating the Point Reyes National Seashore tide. It extends over about seven miles of Pacific Ocean, 28 miles off- strongly suggests that the Inverness Ridge, south of Tomales Bay shore from San Francisco County, California. The proposal includes State Park, should be the boundary for this portion of the seashore. all of the islands except the 70-acre southeast Farallon Island which This, it was argued, was essential if the esthetic natural setting of the has an extensive lighthouse installation. Personnel from the Point seashore was to be adequately protected since the Ridge is the nat- Reyes Bird Observatory are residents on the island and Coast Guards- ural visual barrier between the seashore and lands further inland. In men stay overnight onan intermittent basis. addition to its line-of-sight value, it was important to include all of Middle Farallon is a single rock, 50 yards in diameter and 20 these lands in order to assure the integrity of the watershed, as well. feet high. The North Farallons are four miles to the north in two Apparently, this boundary error went unnoticed in the complicated clusters of bare precipitous rocks. They reach a height of 155 feet. metes and bounds description when the original legislation was enacted Noonday Rock, three miles further to the north, is awash most of the in 1962. Relatively recently it was learned that certain residential time and is a feeding ground for diving birds. dwellings had been constructed or were being planned along the Ridge. The Farallon Refuge was originally the three northern island This development generated further review and the discovery of the groups of 91 acres, established in 1909 by Executive order of Presi- error in the boundary which H.R. 11013, as amended, is designed to dent Roosevelt. The Southeast Farallons were added by Executive correct. order in 1969. The U.S. Coast Guard has primary jurisdiction of this As explained to the Committee, some of the landowners involved addition and concurs in this proposal. are willing to sell their holdings to the United States SO that the lands H.R. 968 H.R. 968 4 5 can be included in the seashore. Undoubtedly, since some choice sites Section 1 (d) of H.R. 5422 would dsignate as wilderness certain are involved, some will not sell unless their lands are acquired by lands in the Farallon National Wildlife Refuge, California. This sec- eminent domain. In all cases, the landowners will be entitled to just tion is identical to a proposal submitted by the President, on recom- compensation for any lands included in the seashore. mendation of this Department, to the Congress on April 24, 1971. Sec- This boundary change-which involves less than 170 acres in a tion 1 (n) would designate as wilderness certain lands in the Bosque seashore now totaling 64,850 acres-has, in fact, been endorsed by the del Apache National Wildlife Refuge, New Mexico. This section is local county planning commission and reflects a memorial approved identical to a proposal submitted by the President on February 8, by the California Assembly urging the Congress "to change the boun- 1972. Accordingly, we recommend enactment of these sections of H.R. daries of the Point Reyes National Seashore to include within it the 5422. national seashore. last remaining undeveloped parcel on Inverness Ridge overlooking the Sections 2(b), 2(c), and 2(i) correspond to proposals submitted by the President upon the recommendation of the Department of Agri- culture. We defer to the views of that Department on these sections COMMITTEE AMENDMENT of the bill. The only substantive Committee amendment to H.R. 11013 would The Office of Management and Budget has advised that there is no add 167.83 acres to the Point Reyes National Seashore. All of these objection to the presentation of this report from the standpoint of the lands are located along the Inverness Ridge and are adjacent to the Administration's program. existing national seashore. Sincerely yours, NATHANIEL P. REED, COST Secretary of the Interior. While the Farallon Wilderness Area will require no additional Federal investment, Title II of the bill relating to the Point Reyes CHANGES IN EXISTING LAW addition authorizes the appropriation of not more than $200,000 to acquire the lands involved. In making this recommendation, the Com- In compliance with clause 3 of Rule XIII of the Rules of the mittee notes that the land acquisition program for this seashore is House of Representatives, changes in existing law made by the bill, now virtually complete-only 577 acres of the lands in the land ac- as reported are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing quisition program remain in private ownership and they are included in the acquisition program presently underway. It is anticipated that law in which no change is proposed is shown in roman) : between $7 and $8 million of the existing authorization ceiling will not be needed and will be available for use at other project areas. ACT OF SEPTEMBER 13, 1962 (76 STAT. 538), AS AMENDED (16 U.S.C. 459c-1) COMMITTEE RECOMMENDATION * * The Committee on Interior and Insular Affairs recommends that SEC. 2. (a) The area comprising that portion of the land and waters H.R. 11013, as amended, be approved. The bill was unanimously re- located on Point Reyes Peninsula, Marin County, California, which ported, with the amendment, by a voice vote. shall be known as the Point Reyes National Seashore, is described as follows by reference to that certain boundary map, designated NS- DEPARTMENTAL REPORT PR-7001, dated June 1, 1960, on file with the Director, National Park Service, Washington, District of Columbia. The favorable report of the Department of the Interior follows: Beginning at a point, not monumented, where the boundary line common to Rancho Punta de los Reyes (Sobrante) and Rancho Las U.S. DEPARTMENT OF THE INTERIOR, Baulines meets the average high tide line of the Pacific Ocean as shown OFFICE OF THE SECRETARY, on said boundary map; Washington, D.C., October 17, 1973. Thence southwesterly from said point 1,320 feet offshore on a pro- Hon. JAMES A. HALEY, longation of said boundary line common to Rancho Punta de los Reyes Chairman, Committee on Interior and Insular Affairs, House of Rep- (Sobrante) and Rancho Las Baulines; resentatives, Washington, D.C. Thence in a northerly and westerly direction paralleling the average DEAR MR. CHAIRMAN This responds to your request for the views of high tide line of the shore of the Pacific Ocean; along Drakes Bay, this Department on H.R. 5422, sections (d), 1(n), 2(b), 2(c), and and around Point Reyes; 2(i), a bill "To designate certain lands as wilderness." Thence generally northerly and around Tomales Point, offshore a We recomend enactment of sections 1(d) and (n) of this bill and distance of 1,320 feet from average high tide line; defer to the views of the Department of Agriculture with regard to Thence southeasterly along a line 1,320 feet offshore and parallel to sections 2(b), 2(c), and 2(i). the average high tide line along the west shore of Bodega Bay and H.R. 908 H.R. 968 6 7 Tomales Bay to the intersection of this line with a prolongation of the most northerly tangent of the boundary of Tomales Bay State Park; Thence generally southeasterly up the centerline of Olema Creek to Thence south 54 degrees 32 minutes west 1,320 feet along the pro- a point on the west right-of-way line of State Route Numbered 1; longation of said tangent of Tomales Bay State Park boundary to the Thence southeasterly along westerly right-of-way line to State High- average high tide line on the shore of Tomales Bay; way Numbered 1 to a point where a prolongation of the boundary line common to Rancho Punta de los Reyes (Sobrante) and Rancho Las Thence following the boundary of Tomales Bay State Park in a Baulines would intersect right-of-way line of State Highway Num- southerly direction to a point lying 105.4 feet north 41 degrees east bered 1; of an unimproved road heading westerly and northerly from Pierce Thence southwesterly to and along said south boundary line of Point Road; Rancho Punta de los Reyes (Sobrante) approximately 2,900 feet to a Thence south 41 degrees west 105.4 feet to a point on the north property corner; right-of-way of said unimproved road; Thence approximately south 38 degrees east approximately 1,500 Thence southeasterly along the north right-of-way of said unim- feet to the centerline of Pine Gulch Creek; proved road and Pierce Point Road to a point at the southwest corner Thence down the centerline of Pine Gulch Creek approximately 400 of Tomales Bay State Park at the junction of the Pierce Point Road feet to the intersection with a side creek flowing from the west; and Sir Francis Drake Boulevard; Thence up said side creek to its intersection with said south bound- Thence due south to a point on the south right-of-way of said Sir ary line of Rancho Punta de los Reyes (Sobrante) Francis Drake Boulevard; Thence southwest along said south boundary line of Rancho Punta Thence southeasterly along said south right-of-way approximately de los Reyes to the point of beginning, containing approximately 53,- 3,100 feet to a point; 000 acres. Notwithstanding the foregoing description, the Secretary Thence approximately south 19 degrees west approximately 300 feet; is authorized to include within the Point Reves National Seashore the Thence south approximately 400 feet; entire tract of land owned by the Vedanta Society of Northern Cali- Thence southwest to the most northerly corner of the Inverness wa- fornia west of the centerline of Olema Creek, in order to avoid a sever- tershed area; ance of said tract. Thence southerly and easterly along the west property line of the (b) The area referred to in subsection (a) shall also include a Inverness watershed area approximately 9,040 feet to a point near right-of-way to the aforesaid tract in the general vicinity of the north- the intersection of this property line with an unimproved road as westerly portion of the property known as "Bear Valley Ranch", to shown on said boundary map; be selected by the Secretary, of not more than four hundred feet in Thence southerly along existing property lines that roughly follow width, together with such adjoining lands as would be deprived of said unimproved road to its intersection with Drakes Summit Road access by reason of the acquisition of such right-of-way. and to a point on the north right-of-way of Drakes Summit Road; (c) The Point Reyes National Seashore shall include, in addition Thence easterly approximately 1,000 feet along the north right-of- to those lands hereinbefore described, such lands as are depicted on way of said Drakes Summit Road to a point which is a property line the map entitled "Planning Map, Point Reyes National Seashore, corner at the intersection with an unimproved road to the south; Marin County, California", numbered 8530/30006A and dated Feb- Thence southerly and easterly and then northerly, as shown approxi- ruary 1974, to which a legal description of such lands shall be mately on said boundary map, along existing property lines to a point attached. For the purposes of this subsection, there are authorized on the south right-of-way of the Bear Valley Road, approximately to be appropriated for the acquisition of lands such sums as may 1,500 feet southeast of its intersection with Sir Francis Drake Boule- be necessary, but not to exceed $200,000. vard; Thence easterly and southerly along said south right-of-way of Bear Valley Road to a point on a property line approximately 1,000 feet west of the intersection of Bear Valley Road and Sir Francis Drake Boulevard in the village of Olema: Thence south approximately 1,700 feet to the northwest corner of property now owned by Helen U. and Mary S. Shafter; Thence southwest and southeast along the west boundary of said Shafter property to the southwest corner of said Shafter property; Thence approximately south 30 degrees east on a course approxi- mately 1,700 feet to a point; Thence approximately south 10 degrees east on a course to the center- line of Olema Creek; H.R, 968 H.R. 968 Calendar No. 1161 93D CONGRESS SENATE REPORT 2d Session No. 93-1221 DESIGNATING CERTAIN LANDS IN THE FARALLON NATIONAL WILD- LIFE REFUGE, SAN FRANCISCO COUNTY, CALIF., AS WILDERNESS AND ADDING CERTAIN LANDS TO POINT REYES NATIONAL SEA- SHORE, CALIF. OCTOBER 3, 1974.-Ordered to be printed Mr. BIBLE, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany H.R. 11013] The Committee on Interior and Insular Affairs, to which was re- ferred the act (H.R. 11013) to designate certain lands in the Farallon National Wildlife Refuge, California, as wilderness; to add certain lands to the Point Reyes National Seashore; and for other purposes, having considered the same, reports favorably thereon with an amend- ment and recommends that the act, as amended, do pass. PURPOSE OF BILL The purpose of H.R. 11013, as amended, is to designate certain lands located within the Farallon National Wildlife Refuge as wilderness and to add approximately 448.83 acres to the existing Point Reyes National Seashore. TITLE I-FARALLON WILDERNESS EXPLANATION AND NEED The Wilderness Act of September 3, 1964 (78 Stat. 890), directed the Secretary of Agriculture to review, within ten years, areas within the National Forest System to determine their suitability for preserva- tion as wilderness. The Secretary of the Interior was directed to re- view areas within national parks, national monuments, wildlife refuges and game ranges for the same purpose. Upon finding that the areas SO studied were suitable for wilderness designation, the respec- tive Departments were directed to submit their recommendations to the President in order that he might advise the Congress of his recom- 38-010 2 3 mendations regarding these areas. Any such recommendation of the strongly suggests that the Inverness Ridge, south of Tomales Bay President for designation of an area as wilderness becomes effective State Park, should be the boundary for this portion of the seashore. only if SO provided by an act of Congress. This, it was argued, was essential if the esthetic natural setting of the The above outlined procedure was followed in the case of the Faral- seashore was to be adequately protected since the Ridge is the nat- ural visual barrier between the seashore and lands further inland. In lon proposal. The Presidential recommendation is dated April 28, 1971, and it, together with the accompanying explanation and justifica- addition to its line-of-sight value, it was important to include all of tion, is contained in House Document 92-102, Part 10. these lands in order to assure the integrity of the watershed, as well. This proposed wilderness contains 141 acres of the existing 211 acre Apparently, this boundary error went unnoticed in the complicated Farallon National Wildlife Refuge. The refuge consists of the emerged metes and bounds description when the original legislation was enacted land of four rugged and picturesque island groups above mean high in 1962. Relatively recently it was learned that certain residential tide. It extends over about seven miles of Pacific Ocean, 28 miles off- dwellings had been constructed or were being planned along the Ridge. shore from San Francisco County, California. The proposal includes This development generated further review and the discovery of the all of the islands except the 70-acre southeast Farallon Island which error in the boundary which H.R. 11013 is designed to correct. has an extensive lighthouse installation. Personnel from the Point Reyes Bird Observatory are residents on the island and Coast Guards- COMMITTEE AMENDMENT men stay overnight on an intermittent basis. Middle Farallon is a single rock. 50 yards in diameter and 20 The Committee amended H.R. 11013 by adding the Kelham prop- erty, consisting of 281 acres, on which is to be constructed and main- feet high. The North Farallons are four miles to the north in two tained a visitors' center. The Committee also deleted the authoriza- clusters of bare precipitous rocks. They reach a height of 155 feet. tion of $200,000 because it is expected that the existing authorization Noonday Rock, three miles further to the north, is awash most of the time and is a feeding ground for diving birds. ceiling in the Point Reyes Act will be adequate to fund the addi- tional land to be acquired under H.R. 11013. The Farallon Refuge was originally the three northern island groups of 91 acres, established in 1909 by Executive order of Presi- COST dent Theodore Roosevelt. The Southeast Farallons were added by Executive order in 1969. The U.S. Coast Guard has primary jurisdic- Title I of H.R. 11013 which designates the Farallon Wilderness tion of this addition and concurs in this proposal. Area will require no expenditure of Federal funds. As stated previ- Geologically, the Farallon Islands are a granitic formation of a ously, it is anticipated that the existing authorization ceiling should decomposing crystalline type. There are some pockets of shallow soil, be adequate to complete the acquisition of land contemplated by Title particularly on the less vertical portions of Southeast Farallon. No II of H.R. 11013, as amended. Therefore, enactment of H.R. 11013, significant mineral deposits are known to exist on any of the islands. as amended, will result in no increased costs to the Federal The climate is characterized by frequent strong winds and dense Government. fog. Rainfall occurs mainly during winter, with summer moisture COMMITTEE RECOMMENDATION usually limited to damp fogs. Annual precipitation is approximately 10 inches. The Committee on Interior and Insular Affairs in open mark-up Vegetation is sparce. Farallon weed, a plant indigenous to the session on September 18, 1974, unanimously ordered H.R. 11013, as islands, predominates. Fourteen other native plants, 68 marine algae, amended, favorably reported to the Senate. and six lichens have been identified on Southeast Farallon and most of these occur on certain of the other islands as well. DEPARTMENTAL REPORTS The refuge preserves the natural condition of the islands and pro- vides protection to some 200,000 nesting sea birds of 11 species. There A report from the Department of the Interior on H.R. 11013 is are no active habitat management programs on the islands. The cor- set forth in full as follows: morant colony complex is the largest on the Pacific Coast outside Alaska. Also present are the Cassin's auklet, western gull, ashy petrel, U.S. DEPARTMENT OF THE INTERIOR, common murre, tufted puffin, and black oystercatcher. The California OFFICE OF THE SECRETARY, and Stellar sea lions haul out on these rocks. Washington, D.C., August 20, 1974. Access to the islands is limited to protect bird colonies, but boat Hon. HENRY M. JACKSON, tours around the refuge are sponsored by the San Francisco Bay area Chairman, Committee on Interior and Insular Affairs, U.S. Senate, chapter of the National Audubon Society for birdwatching. Washington, D.C. DEAR MR. CHAIRMAN: This responds to your request for the views TITLE II-POINT REYES NATIONAL SEASHORE ADDITION of this Department on H.R. 11013, a bill in the Senate "To designate certain lands in the Farallon National Wildlife Refuge, California, By way of background, it should be noted that the legislative his- as wilderness; to add certain lands to the Point Reyes National Sea- tory of the original Act creating the Point Reyes National Seashore shore; and for other purposes." S.R. 1221 S.R. 1221 4 5 We recommend enactment of this bill, if amended as suggested herein. Thence southwesterly from said point 1,320 feet offshore on a pro- longation of said boundary line common to Rancho Punta de los Reyes As passed by the House, title I of the bill would designate certain (Sobrante) and Rancho Las Baulines; lands in the Farallon National Wildlife Refuge, California, as wilder- Thence in a northerly and westerly direction paralleling the average ness. This title is identical in substance to the wilderness proposal high tide line of the shore of the Pacific Ocean; along Drakes Bay, submitted by the President to the Congress on April 29, 1971, and we and around Point Reyes; favor its enactment. Title II identifies certain lands to be added to Thence generally northerly and around Tomales Point, offshore a the Point Reyes National Seashore, California, and authorizes not to distance of 1,320 feet from average high tide line; exceed $200,000 to be appropriated for the acquisition of these lands. Thence southeasterly along a line 1,320 feet offshore and parallel to The lands described in the map referred to in title II comprise ap- the average high tide line along the west shore of Bodega Bay and proximately 167.83 acres, of which 166.77 acres are privately owned Tomales Bay to the intersection of this line with a prolongation of the and 1.06 acres are owned by the North Marin Municipal Water Dis- most northerly tangent of the boundary of Tomales Bay State Park; trict. We estimate the cost of acquiring these private lands at approxi- Thence south 54 degrees 32 minutes west 1,320 feet along the pro- mately $375,000. The lands owned by the North Marin Municipal longation of said tangent of Tomales Bay State Park boundary to the Water District would be included within the boundaries of the national average high tide line on the shore of Tomales Bay; seashore, but would remain in the public ownership of the Water Thence following the boundary of Tomales Bay State Park in a District. southerly direction to a point lying 105.4 feet north 41 degrees east We believe that addition of these lands to the national seashore is of an unimproved road heading westerly and northerly from Pierce not a matter of priority at this time. We would also point out that there Point Road; are already substantial and more meritorious claims on the Land and Thence south 41 degrees west 105.4 feet to a point on the north Water Conservation Fund. In light of the critical inflation problem right-of-way of said unimproved road; which the Nation is facing today, we believe that this expenditure Thence southeasterly along the north right-of-way of said unim- cannot be justified. Accordingly, we recommend that the bill be proved road and Pierce Point Road to a point at the southwest corner amended by deleting title II. of Tomales Bay State Park at the junction of the Pierce Point Road The Office of Management and Budget has advised that there is no and Sir Francis Drake Boulevard; objection to the presentation of this report from the standpoint of Thence due south to a point on the south right-of-way of said Sir the Administration's program. Francis Drake Boulevard; Sincerely yours, Thence southeasterly along said south right-of-way approximately NATHANIEL P. REED, 3,100 feet to a point; Assistant Secretary of the Interior. Thence generally southeasterly up the centerline of Olema Creek to a point on the west right-of-way line of State Route Numbered 1: CHANGES IN EXISTING LAW Thence southeasterly along westerly right-of-way line to State High- In compliance with subsection (4) of Rule XXIX of the Standing way Numbered 1 to a point where a prolongation of the boundary line Rules of the Senate, changes in existing law made by the bill, H.R. common to Rancho Punta de los Reyes (Sobrante) and Rancho Las 11013, as reported, are shown as follows (existing law proposed to be Baulines would intersect right-of-way line of State Highway Num- omitted is enclosed in black brackets, new matter is printed in italic, bered 1; existing law in which no change is proposed is shown in roman) : Thence southwesterly to and along said south boundary line of Rancho Punta de los Reyes (Sobrante) approximately 2,900 feet to a ACT OF SEPTEMBER 13, 1962 (76 STAT. 538), AS AMENDED (16 U.S.C. property corner; Thence approximately south 38 degrees east approximately 1,500 459c-1 feet to the centerline of Pine Gulch Creek; SEC. 2. (a) [The area comprising that portion of the land and waters Thence down the centerline of Pine Gulch Creek approximately 400 located on Point Reyes Peninsula, Marin County, California, which feet to the intersection with a side creek flowing from the west; shall be known as the Point Reyes National Seashore, is described as Thence up said side creek to its intersection with said south bound- follows by reference to that certain boundary map, designated NS- ary line of Rancho Punta de los Reyes (Sobrante) PR-7001, dated June 1, 1960, on file with the Director, National Park Thence southwest along said south boundary line of Rancho Punta Service, Washington, District of Columbia. de los Reyes to the point of beginning, containing approximately Beginning at a point, not monumented, where the boundary line 53,000 acres. Notwithstanding the foregoing description, the Secretary is authorized to include within the Point Reves National Seashore the common to Rancho Punta de los Reyes (Sobrante) and Rancho Las Baulines meets the average high tide line of the Pacific Ocean as shown entire tract of land owned by the Vedanta Society of Northern Cali- on said boundary map; fornia west of the centerline of Olema Creek, in order to avoid a sever- ance of said tract.] S.R. 1221 S.R. 1221 6 The area comprising that portion of the land and waters located on Point Reyes Peninsula, Marin County, California, which shall be known as the Point Reyes National Seashore, is described as the area within the boundaries generally depicited on the map intitled Bound- ary Map, Point Reyes National Seashore, Marin County, California', numbered 612-80,008-H, and dated August 1974, which shall be on file and available for public inspection in the office of the National Park Service, Department of the Interior. (b) The area referred to in subsection (a) shall also include a right-of-way to the aforesaid tract in the general vicinity of the north- westerly portion of the property known as "Bear Valley Ranch", to be selected by the Secretary, of not more than four hundred feet in width, together with such adjoining lands as would be deprived of access by reason of the acquisition of such right-of-way. S.R. 1221 H. R. 11013 Ainety-third Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the twenty-first day of January, one thousand nine hundred and seventy-four An Act To designate certain lands in the Farallon National Wildlife Refuge, California, as wilderness; to add certain lands to the Point Reyes National Seashore; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I SEC. 101. In accordance with section 3(c) of the Wilderness Act of September 3, 1964 (78 Stat. 890, 892; 16 U.S.C. 1132 certain lands in the Farallon National Wildlife Refuge, California, which comprise about one hundred and forty-one acres and which are depicted on a map entitled "Farallon Wilderness-Proposed" and dated October 1969, and revised March 1970, are hereby designated as wilderness. The map shall be on file and available for public inspection in the offices of the Bureau of Sport Fisheries and Wildlife, Department of the Interior. SEC. 102. The area designated by this Act as wilderness shall be known as the Farallon Wilderness and shall be administered by the Secretary of the Interior in accordance with the applicable provisions of the Wilderness Act. TITLE II SEC. 201. Subsection (a) of section 2 of the Act of September 13, 1962 (76 Stat. 538), describing the boundaries of the Point Reyes National Seashern, California, "SEC. 2. (a) The area comprising that portion of the land and waters located on Point Reyes Peninsula, Marin County, California, which shall be known as the Point Reyes National Seashore, is described as the area within the boundaries generally depicted on the map entitled 'Boundary Map, Point Reyes National Seashore, Marin County, California', numbered 612-80,008-B, and dated August 1974, which shall be on file and available for public inspection in the office of the National Park Service, Department of the Interior.". SEC. 202. The Secretary of the Interior shall, as soon as practicable after the date of enactment of this title, publish an amended descrip- tion of the boundaries of the Point Reyes National Seashore in the Federal Register, and thereafter he shall take such action with regard to such amended description and the map referred to in section 201 of this title as is required in the second sentence of subsection (b) of sec- tion 4 of the Act of September 13, 1962, as amended. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. December 16, 1974 Dear Mr. Director: The following bills were received at the White House on December 16ths S.J. Bas. 263 2.A. 14349 H.R. 1355 H.R. 15067 H.R. 5056 R.R. 15818 H.R. 7072 H.R. 16006 H.R. 7077 H.R. 16424 H.R. 11013 Please let the President have reperts and recommendations as to the approval. of these bills as soon as pessible. Sincerely, Robert D. Linder Chief Executive Clerk The Honorable Roy L. Ash Director Office of Management and Budget Washington, D. C.