OTHER UNITS (e) The Wilderness System shall also include such units as may be designated within any federally owned or controlled area of land and/or water by the official or officials authorized to determine the use of the lands and waters involved, including any area or areas acquired by gift or bequest by any agency of the Federal Government for preservation as wilderness. Addition to or modification or elimination of such units shall be in accordance with regulations that shall be established in conformity with the purposes of this Act by the official or officials authorized to determine the use of the land and waters involved, including, but not limited to, provisions for segregating any public lands involved from any or all forms of appropriation under the public-land laws pending addition of such units to the Wilderness System, and shall take effect as provided in subsection (f) below. Such regulations with regard to any privately owned area given or bequeathed to a Federal agency for preservation as wilderness shall be in accordance with such agreements as shall be made at the time of such gift or bequest. ADDITIONS, MODIFICATIONS, AND ELIMINATIONS (f) Any proposed addition to, modification of, or elimination from any area of wilderness established in accordance with this Act, and any proposed addition or elimination of any unit to or from the Wilderness System, shall be made only after not less than ninety days' public notice and the holding of a public hearing, if there is a demand for such a hearing, and shall be reported with map and description to Congress by the Secretary of Agriculture, the Secretary of the Interior, or other official or officials having jurisdiction over the lands involved and shall take effect upon the expiration of the first period of one hundred and twenty calendar days of continuous session of Congress following the date on which the report is received by Congress, but only if during this period there has not been passed by Congress a concurrent resolution opposing such proposed addition, modification, or elimination. A copy of each such report submitted to Congress shall at the same time be forwarded with map and description to the secretary of the National Wilderness Preservation Council. Within any unit of the Wilderness System the acquisition of any privately owned lands is hereby authorized, and such sums as the Congress may approve for such acquisition are hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated. USE OF THE WILDERNESS SEC. 3. (a) Nothing in this Act shall be interpreted as interfering with the purposes stated in the establishment of any national park or monument, national forest, national wildlife refuge, Indian reservation, or other Federal land area involved, except that any agency administering any area within the Wilderness System shall be responsible for preserving the wilderness character of the area and shall so administer such area for such other purposes as also to preserve its wilderness character. The Wilderness System shall be devoted to the public purposes of recreational, educational, scenic, scientific, conservation, and historical use. All such use shall be in harmony, both in kind and degree, with the wilderness environment and with its preservation, and the areas within the Wilderness System shall be so managed as to protect and preserve the soil and the vegetation thereon beneficial to wildlife. Copies of regulations, permits, designations, or determinations established or issued in connection with the administration of any unit or units of the Wilderness System and copies of any subsequent amendments thereto shall be forwarded to the secretary of the National Wilderness Preservation Council by the Secretary of Agriculture, the Secretary of the Interior, or such other official or officials as shall establish or issue them. The Council shall maintain a public file of such copies, but shall have no administrative jurisdiction over any unit in the Wilderness System nor over any agency that does have such jurisdiction. (b) Except as specially provided in this section, and subject to existing private rights (if any), no portion of any area constituting a unit of the Wilderness System shall be used for any form of commercial enterprise not contemplated in the purposes of this Act. Within such areas, except as otherwise provided in this section and in section 2 of this Act, there shall be no permanent road; nor shall there be any use of motor vehicles, motorized equipment, or motorboats, or landing of aircraft, nor any other mechanical transport or delivery of persons or supplies, nor any temporary road, nor any structure or installation, in excess : of the minimum required for the administration of the area for the purposes of this Act. SPECIAL PROVISIONS (c) The following special provisions are hereby made: (1) Within national forest areas included in the Wilderness System grazing of domestic livestock and the use of aircraft or motorboats where these practices have already become well established may be permitted to continue subject to such restrictions as the Secretary of Agriculture deems desirable. (2) Within national forest areas included in the Wilderness System the President may, within a specific area and in accordance with such regulations as he may deem desirable, authorize prospecting, mining, the establishment or maintenance of reservoirs and water-conservation works, and such measures as may be found necessary in control of insects and diseases, including the road construction found essential to such mining and reservoir construction, upon his determination that such use in the specific area will better serve the interests of the United States and the people thereof than will its denial. (3) Other provisions of this Act to the contrary notwithstanding, the management of the Superior, Little Indian Sioux, and Caribou Roadless areas in the Superior National Forest, Minnesota, shall be in accordance with regulations established by the Secretary of Agriculture in accordance with the general purpose of maintaining, without unnecessary restrictions on other uses, including that of timber, the primitive character of the roadless areas, particularly in the vicinity of lakes, streams, and portages: Provided, That nothing in this Act shall preclude the continuance within these roadless areas of any already established use of motorboats. Nothing in this Act shall modify the restrictions and provisions of the Shipstead-Nolan Act, Public Law 539, Seventy-first Congress, second session, July 10, 1930, and the Humphrey-Thye-Blatnik-Andresen Act, Public Law 607, Eighty-fourth Congress, second session, June 22, 1956, as applying to the Superior National Forest, or the regulations of the Secretary of Agriculture. Modifications of roadless areas within the Superior National Forest shall be accomplished in the same manner as provided in section 2 (a) and (f). (4) Any existing use or form of appropriation authorized or provided for in the Executive order or legislation establishing any national wildlife refuge or range existing on the date of approval of this Act may be continued under such authorization or provision. (5) Nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws. NATIONAL WILDERNESS PRESERVATION COUNCIL SEC. 4. (a) The National Wilderness Preservation Council is hereby created, to consist ex officio of the Secretary of the Interior, the Secretary of Agriculture, the Secretary of the Smithsonian Institution, and also three citizen members to be appointed by the President by and with the advice and consent of the Senate. The citizen members shall be persons known to be informed regarding, and interested in the preservation of, wilderness; one of them shall be appointed initially for a term of two years, one for a term of four years, and one for a term of six years. After the expiration of these initial terms, each citizen member shall be appointed for a six-year term. The President shall designate from among the citizen members a chairman, who shall serve for a two-year term. The Secretary of the Smithsonian Institution shall be ex officio the secretary of the Council and, subject to the Council, shall maintain its headquarters. (b) The Council shall serve as the repository for, and shall maintain available for public inspection, such maps and official papers regarding the Wilderness System as may be filed with it. The Council shall serve as a nonexclusive clearinghouse for exchange of information among the agencies administering areas within the Wilderness System. The Council shall make, sponsor, and coordinate surveys of wilderness needs and conditions and gather and disseminate information, including maps, for the information of the public regarding use and preservation of the areas of wilderness within the Wilderness System, including information and maps regarding State and other non-Federal areas. The Council is directed to consult with, advise, and invoke the aid of appropriate officers of the United States Government and to assist in obtaining cooperation in wilderness preservation and use among Federal and State agencies and private agencies and organizations concerned therewith. The Council, through its Chair man, shall annually present to Congress, not later than the tenth day of January, a report on the operations of the Council during the preceding fiscal year and on the status of the Wilderness System at the close of that fiscal year, including an annotated list of the areas included showing their size, location, and administering agency, and shall make such recommendations to Congress as the Council shall deem advisable. (c) The Council shall meet annually and at such times between annual meetings as the Council shall determine, or upon call of the Chairman or any three members. Members of the Council shall serve as such without compensation, but shall receive transportation expenses and, in addition, a per diem payment to be fixed by the Council, not to exceed $50 a day, as reimbursement for expenditures in connection with attending any meeting of the Council. A sum sufficient to pay the necessary expenses of the Council, including printing and binding, not to exceed an annual expenditure of $100,000, is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated. Disbursements from such appropriations shall be made by the Secretary of the Smithsonian Institution. The Secretary of the Smithsonian Institution in behalf of the Council is authorized to accept private gifts and benefactions to be used to further the purposes of this Act, and such gifts and benefactions shall be deductible from income for Federal tax purposes and shall be exempt from Federal estate tax. SEC. 5. This Act shall be known as the "National Wilderness Preservation Act." (The chairman subsequently ordered inserted in the record the reports of the Bureau of the Budget and the Department of Agriculture on S. 4028, which follow:) Hon. JAMES E. MURRAY, DEPARTMENT OF AGRICULTURE, Chairman, Committee on Interior and Insular Affairs, United States Senate. DEAR SENATOR MURRAY: This is in response to your requests of June 20 and 23, 1958, for the views of this Department on S. 4028, a bill to establish a national wilderness preservation system for the permanent good of the whole people, and for other purposes. We are sympathetic with the general objectives of the bill and, if it is amended as recommended herein, we recommend that it be enacted insofar as it affects this Department. S. 4028 would establish a national wilderness preservation system to be comprised of certain areas within the national forests, national parks, the national wildlife refuges and game ranges, Indian reservations, and other designated areas of federally owned lands. The bill would establish as a desirable policy of Congress dedication of a system of wilderness areas, the protection of such areas, and the dissemination of information about them. The bill would include in the national wilderness preservation system the wilderness, wild, primitive, and roadless areas designated as such in the national forests on June 1, 1958. However, primitive areas in the national forests, which the Secretary of Agriculture determines within 10 years to be not predominantly of wilderness value, would be excluded from the system. Failure to make such determination within the 10-year period would automatically make the primitive areas a part of the wilderness system. Proposed additions, modifications, or eliminations of any national forest area to, in, or from the wilderness system would be made only after 90 days' public notice, and the holding of a public hearing if there is a demand therefor. The proposed additions, modifications, or eliminations would become effective upon the expiration of 120 calendar days of continuous session of Congress following the receipt by the Congress of a report of the proposal, if during that period the Congress does not pass a concurrent resolution opposing the proposal. Acquisition of private lands within the areas included in the wilderness system. would be authorized. The bill provides that nothing in it should be interpreted as interfering with the purposes stated in the establishment of the national forests or other Federal area involved. Except as specifically provided, areas constituting units of the wilderness system would not be used for any form of commercial enterprise not contemplated in the purposes of the bill. With stated exceptions there would be no permanent roads; nor would there be use of motor vehicles, motorized equipment, or motorboats, nor landing of aircraft, nor other mechanical transportation, nor temporary road, nor any structure or installation, in excess of the minimum required for the administration of the area. Grazing of domestic livestock and use of aircraft and motorboats in national forest areas where such practices are already established would be permitted. Within national forest areas, prospecting, mining, the establishment or maintenance of reservoirs and water conservation works, and insect and disease control measures could be authorized by the President if he determined such use of the specific area would better serve the public interest than would its denial. The management of the roadless areas within the national forests would be in accordance with the general purposes of maintaining the primitive character of such areas without unnecessary restrictions on other uses, including that of timber. A National Wilderness Preservation Council would be created consisting of the Secretaries of the Interior, Agriculture, and the Smithsonian Institution, and three citizen members to be appointed by the President. The duties of the Council would be to serve as the repository for maps and official papers regarding the wilderness system, to serve as a nonexclusive clearing house for exchange of information among agencies administering areas within the wilderness system, to make, sponsor, and coordinate surveys of wilderness needs and conditions, to disseminate information to the public regarding use and preservation of the wilderness system, to advise with Government officials, and to report annually to the Congress. S. 4028 is a revision of S. 1176. This Department expressed its views on S. 1176 in its report to you of June 19, 1957, and the Chief of the Forest Service of this Department also testified before your committee at its hearings on June 19, 1957, on that bill. In that report we expressed our belief in the principle of establishing and maintaining wilderness areas within the national forests. We also described the situation as to the past history and present existence of such areas, and the special problems they pose. There has been no material change in the situation described at that time. The Department's report on S. 1176 set forth the reasons for recommending that it not be enacted. There was transmitted with that report, for consideration by the Congress, a substitute bill which related solely to the responsibilities of this Department. Insofar as S. 4028 relates to the responsibilities of this Department, it either includes, or is compatible with, numerous provisions of the substitute bill which this Department submitted. Amendments to S. 4028 are needed, however, in order to eliminate certain objections. Some of these were discussed in our report on S. 1176. Some of the amendments recommended are merely clarifying. The three principal ones would 1. Delete all provisions with respect to the establishment of the National Wilderness Preservation Council. We see no need for such a Council, believe that it would serve no really useful purpose and, in fact, could be harmful to multiple-use administration of the national forests. The Council would have no real powers, but would impose added recordkeeping, paperwork, and expense upon this Department. This Council, to be set up by congressional statute, would be concerned with only one aspect (wilderness) of one (recreation) of the multiple uses of the national forests. Its establishment might invite proposals from other single-interest groups for similar councils, recognized by statute, to be concerned with individual national-forest uses. As such, it runs counter to our long-established policy of multiple-use administration of the national forests. 2. Provide that primitive areas now in the national forests will be temporarily in the wilderness system but would remain in the system only if the Secretary of Agriculture determines them to be predominantly of wilderness value. Such determination would be made within 15 years. The reason for this recommendation is that we do not believe primitive areas should be included in the wilderness system in the same manner as wilderness or wild areas until there has been an affirmative determination by the Secretary that they are predominantly of wilderness value. As our letter of June 19, 1957, explained, primitive areas predate the establishment of wilderness and wild areas. They have not been examined as to wilderness standards as have wilderness and wild areas. Primitive areas are now in the process of restudy and reclassification. 3. Provide that necessary measures for the control of forest insects and diseases can be taken without the requirement for a Presidential authoriza30973-58-2 tion. It seems unnecessary to require Presidential authorization for pest control. Approval of pest-control action by the Secretary of Agriculture would afford adequate protection against indiscriminate control action. The following amendments to S. 4028 are recommended with respect to item 1, above: Pages 10 and 11, delete the sentence beginning in line 25 on page 10 and ending in line 3 on page 11. Page 12, delete all of lines 1 through 11. Pages 15-17, delete all of section 4 beginning with line 1 on page 15 through line 13 on page 17 and renumber section 5 as section 4. The following amendment is recommended with respect to item 2, above: Pages 4 and 5, delete beginning with the word "That" in line 20 on page 4 through line 9 on page 5 and insert in lieu thereof the following: "That areas designated as primitive on such date are hereby temporarily included in the Wilderness System and, within 15 years after the date of this Act, the Secretary of Agriculture shall review such areas and designate those which are predominantly of wilderness value, with such boundary modifications as may be needed to exclude portions not predominantly of wilderness value or to add any adjacent national-forest land predominantly of wilderness value, and areas so designated shall be included in the Wilderness System." The following amendments are recommended with respect to item 3, above: Page 13, line 8, add the following: "Within national-forest areas included in the Wilderness System such measures may be taken as may be necessary in the control of insects and diseases, subject to such conditions as the Secretary of Agriculture deems desirable." Page 13, line 12, insert the word "and" after the word "mining". Page 13, delete all of line 14 and through the word "diseases" in line 15. The following amendments are recommended for clarification: Page 3, insert "all" at the beginning of line 17, and following the word "thereof" insert, "including the recreation and wildlife habitat resources,". Page 4, line 17, insert "as wilderness areas" following the word "include". Page 13, line 21, insert the following before the word "Superior", "Boundary Waters Canoe Area, formerly designated as the". Page 14, line 3, delete the words "roadless areas" and insert in lieu thereof the word "area". Page 14, line 6, delete the words "these roadless areas" and insert in lieu thereof the words "the area". Page 14, lines 13 and 14, delete the words "roadless areas" and insert in lieu thereof the words "the Boundary Waters Canoe Area". If your committee should, favor the retention of the provisions for the establishment of the National Wilderness Preservation Council, we suggest that consideration be given to (1) the insertion of a period after the word "President" in line 6 on page 15, (2) the deletion of the remainder of the sentence, (3) the insertion of the following sentence: "The Secretary of the Interior and the Secretary of Agriculture may each designate an official of his Department to serve as his alternate on the Council," and (4) the deletion of all beginning with the comma after the word "regulations" in line 1 on page 12 through the word "or" in line 2. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, MARVIN L. MCLAIN, Assistant Secretary. EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET, Washington, D. C., July 24, 1958. Hon. JAMES E. MURRAY, Chairman, Committee on Interior and Insular Affairs, United States Senate, Washington, D. C. MY DEAR MR. CHAIRMAN: This is in response to your request for the views of this Bureau on S. 4028, a bill to establish a national wilderness preservation system for the permanent good of the whole people, and for other purposes. Generally, the Bureau believes that the purposes of the bill are sound and that legislation to accomplish them may be desirable. We would point out, however, that the Secretary of Agriculture in his report has certain specific objections to the bill to which we believe the committee will wish to give careful |