Within two years after the designation of any refuge or range in its entirety, and ninety days after giving public notice in accordance with section 4, Administrative Procedure Act of 1946 (60 Stat. 238; 5 U.S.C. 1003), the Secretary of the Interior shall designate within such refuge or range such area or areas as he shall determine to be required for roads and buildings and other installations for administration and protection of the wildlife, which area or areas shall be excluded from the Wilderness System. Should the Secretary fail to make such designation within the time limited specified, the refuge or range shall then become a part of the Wilderness System, with the exception of any road, building, or other installation for administration and protection then existing.

THE INDIANS' WILDERNESS

(d) The Wilderness System shall include such areas of tribal land on Indian reservations as the Secretary of the Interior may designate as appropriate for inclusion upon the recommendation of or with the consent of the tribes, bands, or groups concerned, acting through their tribal councils or other duly constituted authorities. Such designation shall not change title to the land or any beneficial interest therein, and shall not modify or otherwise affect the Indians' rights to the land.

The Secretary of the Interior shall make any addition, modification, or elimination recommended by any tribal council or other duly constituted authority of any tribe, band, or group with regard to any area of its tribal land. Nothing in this Act shall in any respect abrogate any treaty with any tribe, band, or group of Indians, or in any way modify or otherwise affect the Indians' hunting and fishing rights or privileges.

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. The designation of, 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 lands 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 expiation 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: Provided, That nothing in this Act shall restrict or affect the authority of officials of the United States, acting pursuant to other law, to establish in the manner prescribed by such law, areas of the National Park System, or to make additions, modifications, or eliminations from any area of such National Park System pursuant to such authority. 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, scenic, scientific, educational, conservation, and historical use. All such use shall be in harmony, both in kind and degree, with the wilderness environment and with its preservation.

(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 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. 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.

(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, or the establishment or maintenance of reservoirs and water-conservation works, 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 Boundary Waters Canoe Area, formerly designated as 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 area, particularly in the vicinity of lakes, streams, and portages: Provided, That nothing in this Act shall preclude the continuance within the area 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, Eightyfourth Congress, second session, June 22, 1956, as applying to the Superior National Forest or the regulations of the Secretary of Agriculture. Modifications of the Boundary Waters Canoe Area 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 Secretary of the Interior, the Secretary of Agriculture, and the Secretary of the Smithsonian Institution may each designate an official of his Department or Institution to serve as his alternate in the Council. 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) Copies of regulations established or issued in connection with the administration of any unit or units of the Wilderness System, copies of any subsequent amendments thereto, and copies of any reports with map and description submitted to Congress regarding additions, modifications, or eliminations in accordance with section 2(f) of this Act, shall be forwarded to the secretary of the National Wilderness Preservation Council by such 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.

(c) 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 and may make, sponsor, and encourage the coordination of surveys of wilderness needs and conditions and gather and desseminate 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 Chairman, shall annually present to the President for submission to the 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.

(d) 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 and rent, 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".

Senator JACKSON. S. 1123 provides that areas in wildlife and game refuges, areas in national parks and monuments not reserved for roads and service facilities by the Park Service within 10 years, and the wild, primitive, and roadless areas in national forests shall be included in a national wilderness system. The Forest Service is given 20 years to review boundaries of its wild, primitive, and roadless areas.

Once included in the wilderness system, the areas cannot be enlarged or diminished without 120 days notice to Congress, or by an emergency Executive order of the President.

These areas, estimated to total about 50 million acres, are to be maintained in their pristine state, to be used only by hikers and horseback riders, except that (1) grazing and motorboating may be continued where they are established practices, (2) necessary facilities may go into game refuges for game management and propagation, and (3) the Forest Service may build temporary roads and facilities necessary to protect against fire, insect infestation, or other hazards.

In holding extensive hearings on this legislation, the committee is seeking an answer to one of the more difficult questions ever to come before it: how best to satisfy the wilderness needs of our Nation and to reconcile those needs with the legitimate conflicting interests of various segments of our society.

There is no dispute over the wilderness principle which, simply stated, is that it is the obligation of this generation to preserve for future generations a quantity of wilderness in its untrammeled, natural state. The area of disputes lies in how to accomplish this, the amount and location of area to be devoted to wilderness, the portion to be kept open to human development-in short, to reconcile the differences between the wilderness use and other uses or, if these differences cannot be reconciled, to draw the most reasonable boundary line possible.

Reasonable men and women on both sides of this issue have contributed valuable testimony and evidence to support their positions and to assist the committee and the Congress in their deliberations. The testimony presented here today will contribute substantially to help us discharge our decision-making duties.

Undoubtedly most witnesses will find it to their advantage to file formal statements with the committee clerk for inclusion in the record, and in oral testimony either summarize their formal statements, discuss one phase of their statements in some detail, or to deal with matters outside their formal statements. Statements filed for the record will be just as available and useful to members of the committee as oral testimony.

I am pleased to have sitting with the committee today my distinguished senior colleague, Senator Warren G. Magnuson. Although not a member of the committee, Senator Magnuson has worked closely with it in the interests of Washington State and the Nation and, in his capacity as a member of the Appropriations Committee, has been instrumental in implementing many of the programs authorized by our committee. He serves as a member of the Subcommittee on Interior Appropriations, which, of course, provides the funds for the Department of Interior.

It is also an honor to have with us today one of the new members of committee and, in fact, one of the new members of the U.S. Senate, the Honorable Frank E. Moss, of Utah.

Finally, permit me to introduce Ben Stong, professional staff member of the committee, who will be with us in connection with the hearings. Any questions that you have with reference to being heard and so on, I would appreciate your coming and discussing with Mr. Stong.

Now, ladies and gentlemen, we have a problem here. We want to be fair to all sides. So far we have a list of 104 witnesses. In the previous hearings they have limited the witnesses in these regional areas to 5 minutes. I hope we can follow that procedure today.

I should like to suggest that at the conclusion of the statements by the opponents and proponents of the pending bill, that we reserve, say 20 to 30 minutes to each side to summarize their remarks. I would like to say that it would be helpful to me as the chairman here today if the opponents will get together between now and the end of the day, or tomorrow, depending on how long we have to go-the longest we can go is until tomorrow because the staff director here will be leaving for Phoenix-to get together and agree on a person to summarize your remarks. Now, if there is a third group here, or a third force, we will arrange for that, too; that is, that are on both sides of the question, why, we can hear from them at the same time. But seriously, I would like to suggest, therefore, that the opponents get together and agree on a spokesman at the end of our hearing to summarize and the proponents get together and agree on a spokesman to summarize. I think this would be very helpful to the committee, in summarizing your remarks it will be helpful, because after all there is only a certain limit as to the amount of new testimony that will come in when you have 104 witnesses. I think maybe the first few witnesses on both sides will have covered the subject matter. So if there is no objection that will be our procedure.

We do want to hear everyone. We will do our best to be fair in seeing that all sides are heard.

Senator Magnuson?

Senator MAGNUSON. No; I have no statement.

Senator JACKSON. Senator Moss?

Senator Moss. No. Go right ahead. If you have that many witnesses we better start.

Senator JACKSON. Mr. Stong, do you have any announcement to make?

Mr. STONG. Except that anyone who cares to file a statement may file it with me also. It will be appreciated if the witnesses who have been asked to have 35 copies of their statements will hand those statements to me as they bring them up for distribution to the press and for the record.

Senator JACKSON. Thank you. And we have on the board over here in connection with the map of the area that we are dealing with a list of the witnesses, so if you want to look at that while the hearing is going on, it's fine, just so we don't have too much noise up front which might result in some interference with the reporter, who will be taking down the testimony.

If there is no objection, I would like to suggest that we go until 12:30, resume at 2 and then we will go to 5 o'clock, with a 5- or 10minute break in between. This is out of deference to the reporter, who will have to be taking the testimony continuously.

Mr. STONG. Mr. Chairman, I ask permission to insert in the hearing record a table showing the various interests represented on active multiple-use advisory committees to the Forest Service.

This table was requested by Senator Neuberger at hearings July 23, 1958. By an inadvertence, the table was not included in the