DEPARTMENT OF THE INTERIOR,

Hon. CLINTON P. ANDERSON,

OFFICE OF THE SECRETARY, Washington, D. C., February 21, 1963.

Chairman, Committee on Interior and Insular Affairs,

U.S. Senate, Washington, D.C.

DEAR SENATOR ANDERSON: Your committee has requested a report on S. 4, a bill to establish a National Wilderness Preservation System for the permanent good of the whole people, and for other purposes.

We urge the enactment of the bill. We recommend, however, that the bill be amended in one important respect as suggested below.

Wilderness resources contain basic values and provide undeniable benefits to the American people. We believe this has been amply demonstrated from the previous hearings of your committee on wilderness proposals. In our opinion, the establishment of a wilderness system, along the lines outlined in this bill, is in the public interest.

This proposal recognizes equitably the various facets to the problem of wilderness preservation. We believe that it resolves many, if not all, of the objections that have been raised in the past to wilderness proposals. It clearly delimits the wilderness sytem to well-defined areas and prescribes an orderly method for establishment of the system. It prescribes sound procedures applicable to both the executive and legislative branches of the Government in determining the particular areas or parts of Federal reservations to be included in the wilderness system.

The system to be established by this bill would be composed of federally owned lands. Portions of the national park system, wildlife refuges, and game ranges administered by this Department, and portions of the national forests administered by the Department of Agriculture would be included in the system. It should be noted in this connection that the national park system areas, wildlife refuges, and game ranges that we administer would not be included immediately following enactment of the proposal in the wilderness system. Portions of these areas would be selected and included in this system over a 10-year period, in accordance with prescribed procedures set forth in the bill. In the case of the national forest areas, however, there would be included in the wilderness system immediately upon enactment of the legislation those national forest areas classified by the Department of Agriculture as wilderness, wild, primitive, or canoe. The primitive group of areas, however, would be subject to subsequent review over a 10-year period in order to determine which of these areas should be retained in the system.

One of the major provisions of the bill is contained in section 3(h). This subsection provides that the addition of new wilderness areas to the system or the elimination of the areas from the system that are not specifically provided for by the bill shall be made only after specific authorization by law for such addition or elimination. We believe this requirement is desirable.

Section 2 of the bill contains a statement of policy that would express the desire of the Congress to secure for present and future generations the benefits of an enduring resource of wilderness. Sections 2 and 6 contain the general provisions that would govern the administration of wilderness areas as well as prescribe the purposes and uses of the system. Significally, the bill provides that the system shall be administered for the use and enjoyment of the American people, in such manner as will leave the system unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of the areas, and the preservation of the wilderness character. This provision is very similar to the requirements now applicable, pursuant to the basic National Park Act of 1916 (16 U.S.C. 1-3), to the national park system. On this point we observe that wilderness-type areas constitute an important segment of the national park system and have contributed heavily over the years to the enjoyment by the American people of wilderness values.

We believe that section 6(a) is worthy of special note. This subsection provides that nothing in the act shall be interpreted as interfering with the purposes stated in the establishment of or pertaining to, any park, monument, or other unit of the national park system, or any national forest, wildlife refuge. game range, or other 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 and also to preserve its wilderness character. This provision, we believe,

has the effect of preserving the status quo to the maximum extent in the management of the Federal reservations in question, subject however to the overall requirement that the administering agencies carry out the essential requirements set forth in the bill for wilderness preservation.

While the bill prohibits, consistently with wilderness preservation, as prescribed in section 6(b), commercial enterprises within the wilderness system, roads, motor vehicles, motorized equipment, et cetera, it provides in section 6(c)(4) that commercial services may be performed within the wilderness system to the extent necessary for activities which are proper for realizing the recreational or other purposes of the system.

In addition to the general provisions relating to administration of the wilderness system, there are specific provisions in the bill that are applicable to national forest areas. These provisions would permit certain uses to continue that are already well established within the forest areas in question. Also, certain additional uses may be authorized by the President upon his determination that such use or uses in the specific area will better serve the interests of the United States and the people thereof than will its denial. In the case of wildlife refuges and game ranges, the bill provides that any existing use or form of appropriation authorized or provided for in the Executive order or legislation establishing such areas and which use exists on the effective date of the act may be continued under such authorization or provision. In this connection, we note that the bill makes no provision for special uses within the national park system. We believe this is appropriate and is consistent with long-established policies and standards, established by the Congress for administration of that system.

There are other provisions that are worthy of mention. Boundary adjustments may be made in wilderness areas in accordance with certain prescribed procedures whereby the appropriate Secretary after public notice and hearing, subsequent recommendations to the President, and transmittal of such recommendations to the Congress the boundary adjustments may be accomplished if the Congress makes no objection thereto. We note that in the case of areas

of the national park system the bill provides for the inclusion of those areas of more than 5,000 acres where such areas exist without roads. The Secretary would be required to determine what portions of the parks would be required for roads, utilities, et cetera. The bill contains no minimum acreage limitations regarding wildlife refuges and game ranges to be included in the system. We recommend one amendment to the bill.

Section 11 would permit the Federal Power Commission to authorize power developments in wilderness areas without a determination by the President that such developments are in the interest of the United States and its people as required in section 6(c) (2) in the case of other nonwilderness uses. We urge, therefore, that section 11 be deleted from the bill. If this is done, then all nonwilderness uses will be subject to the Presidential determination provided for in section 6(c) (2).

The Bureau of the Budget has advised that there is no objection to the presentation of this report and that enactment of legislation along the lines of S. 4 would be in accord with the program of the President.

Sincerely yours,

Hon. CLINTON P. ANDERSON,

STEWART L. UDALL, Secretary of the Interior.

DEPARTMENT OF AGRICULTURE, Washington, D.C., February 21, 1963.

Chairman, Committee on Interior and Insular Affairs,
U.S. Senate.

DEAR MR. CHAIRMAN: This is in response to your request of January 21, 1963, for a report on S. 4, a bill, to establish a National Wilderness Preservation System for the permanent good of the whole people, and for other purposes. We strongly recommend that the bill be enacted, insofar as it affects this Department, with the amendments hereinafter mentioned.

The bill would declare a policy of the Congress to secure for the American people of present and future generations the benefits of an enduring resource of wilderness. For that purpose, the bill would establish a National Wilderness Preservation System, which would include national forest areas, national park

system areas, and national wildlife refuge and game range areas. The bill would provide that the federally owned lands within areas of the wilderness system would be administered in such a way as to leave them unimpaired and to provide for the protection and preservation of their wilderness character. It would provide for the gathering and dissemination of information regarding their use and enjoyment as wilderness.

The bill would include in the National Wilderness Preservation System all areas within the national forests classified on the effective date of the act as wilderness, wild, primitive, or canoe. The areas classified at that time as primitive would be reviewed within 10 years as to their suitability for continued inclusion in the wilderness system. Recommendations of the Secretary of Agriculture following such review would be reported to the President and each year the President would submit to the Congress his recommendations with respect thereto. Provision would be made for including in such recommendations appropriate adjustments in primitive area boundaries but the size of any primitive area could not be increased as a result of such adjustments.

The President would be authorized to recommend minor modifications or adjustments of boundaries of areas in the wilderness system. Recommendations made under the bill would include the views of the Governor of the State in which the area is located if such views are submitted within 90 days after they are requested.

The recommendations of the President with respect to the continued inclusion of primitive areas in, or the exclusion of such areas from, the wilderness system and for minor modifications or adjustments of boundaries of areas in the wilderness system would take effect if not disapproved by resolution of either the Senate or the House of Representatives within a full session of Congress following the date the recommendation was received.

The bill would provide that the addition of any area to, or the elimination of any area from the wilderness system which is not specifically provided for in the bill could be made only after specific affirmative authorization by law. It is understood that this would apply to the addition of a completely new wildernesstype area to the system or the complete elimination of a wilderness-type area from the system, and not to additions or eliminations of land areas to an existing wilderness-type area in the system by a minor modification or adjustment of boundaries.

In any case where State land is surrounded by lands in the wilderness system the State would either be assured adequate access to its land or would be authorized to exchange for vacant, unappropriated, and unreserved land in the State. The bill would permit the use of aircraft or motorboats, where well established, to continue, and measures for fire, insect, and disease control could be taken. Prospecting and mining and the establishment and maintenance of reservoirs, water conservation works, transmission lines, and other facilities needed in the public interest within specific portions of national forest areas in the wilderness system could be authorized by the President upon his determination that such uses would better serve the interests of the United States than would their denial. The grazing of livestock where well established on national forest areas in the wilderness system would be permitted to continue. This provision would not affect the Secretary's authority to regulate and control grazing in such areas. He would continue to have authority to reduce or terminate grazing within these areas for all other purposes or reasons that he can take such action with respect to other national forest areas.

Otherwise with respect to national forest areas, subject to existing private rights, commercial enterprise, permanent roads, use of motor vehicles and equipment, and mechanized transport within areas of the wilderness system would be prohibited, and temporary roads and structures in excess of the minimum required for the administration of the area for the purposes of the act would be prohibited within areas of the wilderness system. Emergency measures for the health and safety of persons would be permitted within such areas.

The Boundary Waters Canoe Area in the Superior National Forest would continue to be administered under this and other applicable acts for the general purpose of maintaining the primitive character of the area without unnecessary restrictions on other uses, including that of timber.

Commercial services proper for the realization of recreational and other purposes of the wilderness system could be performed within areas of the system. The bill would not affect the present situation as to the application of State water laws, nor the jurisdiction or responsibilities of the States with respect to wildlife and fish. Neither would the bill prevent within national forest areas any activity

including prospecting for the purpose of gathering information about mineral or water resources or the completely subsurface use of such areas if such activity or subsurface use is carried on in a manner which is not incompatible with the preservation of wilderness environment.

The bill would authorize the acquisition by the Secretaries of the Interior and Agriculture of lands within areas of the wilderness system under their respective jurisdictions and would provide for the acceptance and use of contributions of money to further the purposes of the act. Each Secretary would maintain public records pertaining to the portions of the wilderness system under his jurisdiction. Joint annual reports would be made to the Congress.

A Presidential Land Use Commission comprised of five persons to be appointed by the President would be established with respect to any State in which the Federal Government on January 1, 1961, owned more than 90 percent of the land. The Commission would advise and consult with the Secretaries of the Interior and Agriculture on the current utilization of federally owned land in such State. The recommendations of the Commission would accompany any recommendation made under the act.

The bill further provides that nothing in it shall be construed as superseding, modifying, repealing, or otherwise affecting the provisions of the Federal Power Act.

This Department believes that the establishment and maintenance of wilderness-type areas is a proper use of the national forests and has steadfastly maintained continuity of policy in this regard for over 38 years. The term "wilderness area" originated on the national forests.

In 1924, the first area for the preservation of wilderness in the national forests was established. It comprised a large part of what is now the Gila Wilderness Area in the Gila National Forest in New Mexico. In 1926, parts of the Superior National Forest in northern Minnesota were given special protection. These areas later became parts of areas designated as roadless areas and which are now designated as the Boundry Waters Canoe Area. The first primitive area in the national forests was established in 1930 under regulations of the Secretary of Agriculture. By 1939, there were 73 primitive areas and 2 roadless areas, totaling 14.2 million acres.

In 1939, new secretarial regulations were issued, providing for the establishment of wilderness and wild areas in the national forests. Wilderness and wild areas provided for in these regulations meet essentially the same criteria except that wilderness areas exceed 100,000 acres in area, and wild areas range from 5,000 to 100,000 acres. Wilderness areas are established by the Secretary of Agriculture, whereas the Chief of the Forest Service may establish wild areas. No new primitive areas were established after 1939. Since that time, primitive areas have been managed in accordance with the regulations applicable to wilderness areas. The Department has been restudying primitive areas and reclassifying those areas or parts of areas which are predominantly valuable for wilderness as wilderness areas. We are continuing that study and plan to complete the study as to all remaining primitive areas.

As of this date, there are the following wilderness-type areas within the national forests:

The wilderness, wild, primitive and canoe areas of the national forests include some of the most remote and scenic areas of the Nation. They have unique and special values, which have long been recognized by wilderness enthusiasts, and by the Forest Service. They comprise valuable and essential parts of the national forests.

The management of the Boundary Waters Canoe Area differs from that of wilderness, wild, and primitive areas. It is managed for the general purpose of maintaining, without unnecessary restrictions on other uses, including that of timber, the primitive character of the area, particularly in the vicinity of

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lakes, streams, and portages. In effect the same management principles would continue in this area under the provisions of section 6(c)(3) of S. 4.

With respect to the wilderness, wild, and primitive areas in the national forests, we believe that a general discussion of the use or nonuse of the various resources will be helpful.

Timber

Commercial timber harvesting is not now permitted in these wilderness-type areas and we have no plans to alter this policy. It would not be allowed in such areas under the provisions of S. 4. Timber may be cut for the purpose of controlling fire, insects, and diseases and could be under S. 4.

Grazing

Livestock grazing may be permitted in these wilderness-type areas under present policy. It is not permitted in slightly more than half the areas. Our most recent figures show about 59,000 head of cattle and horses and 309,000 head of sheep and goats under permit in these areas. Under the terms of S. 4, this grazing of livestock would be permitted to continue. Mining

Authority now exists under which mineral leases can be issued for leasable minerals in the wilderness, wild, and primitive areas either under the Mineral Leasing Act of 1920 or the Mineral Leasing Act for Acquired Lands. It is the policy of this Department to recommend against, and the policy of the Department of the Interior to withhold, the issuance of mineral leases in these areas unless directional drilling or other methods can be used which will avoid any invasion of the surface of the wilderness, wild, or primitive area.

Under S. 4, mining, including the production of leasable minerals, would be prohibited unless it involved only subsurface use such as directional drilling within such areas or unless the President as to specific areas determines that to permit it would better serve the interests of the United States than would its denial.

Prospecting for leasable minerals and for locatable minerals where the mining laws apply is allowed at this time. It must be done in a manner consistent with applicable regulations, including restrictions on the use of mechanized transportation. Under the provisions of S. 4, prospecting could be carried on in a manner not incompatible with the preservation of the wilderness environment. In those portions of the wilderness, wild, and primitive areas to which the mining laws apply, mining locations may now be made. Upon valid discoveries, mining operations may be carried out with or without an application for patent. S. 4 would not affect valid, existing rights. But, subject to existing rights, it would prohibit mining unless it involved only subsurface use such as directional drilling or shafts driven from outside the area or unless the President as to specific areas determines that to permit it would better serve the interests of the United States than would its denial.

In March of 1961, it was estimated that there were about 13,000 unpatented mining claims in these areas. Also, there were six mines in active operation, all in primitive areas. The existence of operating mines and the concentration of unpatented mining claims will be significant factors in reviewing primitive areas and in formulating recommendations as to which areas or portions of areas should continue in the wilderness system or be excluded therefrom.

Water developments

Water developments for the storage and diversion of water for irrigation, domestic, and other uses have been allowed in these wilderness-type areas. The works generally have been constructed and maintained by means which did not involve motorized transportation. There are 144 such projects. We would construe the provisions of S. 4 as permitting the continued maintenance of these existing projects by means which would not involve motorized transportation as in the past. The bill would allow new water developments if the President determined that such uses in specific areas would better serve the interests of the United States than would its denial.

The Federal Power Commission has authority under the Federal Power Act to issue licenses for the construction and maintenance of power projects on these wilderness-type areas of the national forests as well as on other national forest lands. Licenses have been issued for seven such projects in these areas. Under the provisions of section 11 of S. 4, the provisions of the Federal Power