MODIFICATION OF BOUNDARIES

(e) Any proposed minor modification or adjustment of boundaries of any portion of the wilderness system established in accordance with this Act shall be made by the appropriate Secretary after public notice of such proposal by publication in a newspaper having general circulation in the vicinity of such boundaries and public hearing to be held in such vicinity not less than ninety days after such notice if there is sufficient demand during such ninety days for such hearing. The proposed modification or adjustment shall then be recommended with map and description thereof to the President. The President shall advise the United States Senate and the House of Representatives of his recommendations with respect to such modification or adjustment and such recommendations shall become effective subject to the provisions of subsection (f) of this section.

EFFECTIVE DATE OF PRESIDENT'S RECOMMENDATIONS

(f) Any recommendation of the President made in accordance with the provisions of this section shall take effect upon the day following the adjournment sine die of the first complete session of the Congress following the date or dates on which such recommendation was received by the United States Senate and the House of Representatives; but only if prior to such adjournment neither the Senate nor the House of Representatives shall have approved a resolution declaring itself opposed to such recommendation: Provided, That in the case of a recommendation covering two or more separate areas, such resolution of opposition may be limited to one or more of the areas covered, in which event the balance of the recommendation shall take effect as before provided: Provided further, That where a resolution of opposition to any such recommendation has been introduced, a hearing thereon shall be held within thirty days by the committee to which such resolution has been referred. Any such resolution shall be subject to the procedures provided under the provisions of sections 203 through 206 of the Reorganization Act of 1949 (5 U.S.C., secs. 133z-12-133z-15) for a resolution of either House of Congress: And provided further, That a motion to discharge the committee shall not be in order until the time for the committee to hold a hearing has elapsed.

EFFECT OF PUBLIC NOTICE OF PROPOSED ADDITION TO WILDERNESS SYSTEM

(g) Public notice when given by either the Secretary of the Interior or the Secretary of Agriculture that any area is to be proposed under the provisions of this Act for incorporation as part of the wilderness system shall segregate such area from any or all appropriation under the public land laws to the extent deemed necessary by such Secretary. Such segregtion shall terminate (1) upon rejection of such proposal by the President, (2) upon approval by the Senate or the House of Representatives of a resolution opposing the incorporation of such area in the wilderness system, or (3) five years after the date of such notice if the proposal to incorporate such area as part of the wilderness system has not been submitted to both House of Congress prior to the expiration of such five years.

ADDITION OR ELIMINATION NOT PROVIDED FOR IN THIS ACT

(h) The addition of any area to, or the elimination of any area from, the wilderness system which is not specifically provided for under the provisions of this Act shall be made only after specific affirmative authorization by law for such addition or elimination.

ADDITIONAL REQUIREMENTS WITH RESPECT TO RECOMMENDATIONS

(i) (1) The Secretary of Agriculture and the Secretary of the Interior shall, prior to submitting any recommendations to the President with respect to any area's retention in or incorporation into the wilderness system

(A) give such public notice of the proposed action as they deem appropriate, including publication in the Federal Register and in a newspaper having general circulation in the area or areas in the vicinity of the affected land;

(B) hold a public hearing or hearings at a location or locations convenient to the area affected. The hearings shall be announced through such means as the respective Secretaries involved deem appropriate, including notices in the Federal Register and in newspapers of general circulation in

the area: Provided, That if the lands involved are located in more than one State, at least one hearing shall be held in each State in which a portion of the land lies;

(C) at least thirty days before the date of a hearing advise the Governor of each State and the county, or in Alaska the borough, governing board of each county, or in Alaska the borough, in which the lands are located, the United States Forest Service, the United States Soil Conservation Service, the Corps of Engineers of the United States Army, the Bureau of Reclamation, the Bureau of Mines, the United States Geological Survey, the Bureau of Sport Fisheries and Wildlife, the Federal Power Commission, the Rural Electrification Administration, and the Federal Communications Commission, inviting each to set forth its views at the hearing. It shall be the responsibility of each named Federal agency to submit its independent views concerning the designation of an area as "wilderness", giving an analysis of the comparative values that may be involved as between wilderness and that type of development or uses for which the Federal agency has administrative responsibility.

(2) Views submitted to the President under the provisions of (1) of this subsection with respect to any area shall be included with any recommendations to Congress with respect to such area.

STATE LANDS SURROUNDED BY WILDERNESS SYSTEM

(j) In any case where State-owned land is completely surrounded by land incorporated into the wilderness system, such State shall be given either (1) such rights as may be necessary to assure adequate access to such State-owned land by such State and its successors in interest, or (2) vacant, unappropriated, and unoccupied Federal land in the same State, equal in value to the surrounded land: Provided, That if the State does not reserve mineral rights in the surrounded land conveyed to the United States, the United States need not reserve mineral rights in the land conveyed to the State in exchange.

ACQUISITION OF CERTAIN PRIVATELY OWNED LANDS WITHIN THE WILDERNESS SYSTEM

SEC. 4. The Secretary of the Interior and the Secretary of Agriculture are each authorized to acquire as part of the wilderness system any privately owned land within any portion of such system under his jurisdiction, subject to the approval of any necessary appropriations by the Congress: Provided, however, That nothing in this Act shall be construed to confer a right of condemnation with respect to privately owned land within the boundaries of a wilderness area, or to impair any customary right or privilege heretofore enjoyed by the owners of such land, respecting access to it or to its ordinary use and maintenance.

GIFTS OR BEQUESTS OF LAND

SEC. 5. The Secretary of Agriculture and the Secretary of the Interior may each accept gifts or bequests of land for preservation as wilderness, and such land shall on acceptance become part of the wilderness system. Regulations with regard to any such land may be in accordance with such agreements, consistent with the policy of this Act, as are made at the time of such gift, or such conditions, consistent with such policy, as may be included in, and accepted with, such bequest.

USE OF THE WILDERNESS

OTHER PROVISIONS OF LAW

SEC. 6. (a) Nothing in this 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 as also to preserve its wilderness character. Except as otherwise provided in this Act, the wilderness system shall be devoted to the public purposes of recreational, scenic, scientific, educational, conservation, and historical use. Subject to the provisions of this Act, all such use shall be in harmony, both in kind and degree, with the wilderness environment and with its preservation.

PROHIBITION OF CERTAIN USES

(b) Except as specifically provided for in this Act and subject to any existing private rights, there shall be no commercial enterprise within the wilderness system, 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, including such measures as may be required in emergencies involving the health and safety of persons within such areas.

SPECIAL PROVISIONS

(c) The following special provisions are hereby made:

(1) Within the wilderness system the use of aircraft or motorboats where these practices have already become established shall be permitted to continue subject to such regulations as the appropriate Secretary finds necessary. In addition, such measures may be taken as are necessary in the control of fire, insects, and diseases, subject to such regulations as the appropriate Secretary finds necessary.

(2) Within national forest and public domain areas included in the wilderness system, (A) the President may, within a specific area and in accordance with such regulations as he may deem desirable, authorize prospecting (including but not limited to exploration for oil and gas), mining (including but not limited to the production of oil and gas), and the establishment and maintenance of reservoirs, water-conservation works, transmission lines, and other facilities needed in the public interest, including the road construction and maintenance essential to development and use thereof, 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; and (B) the grazing of livestock, where established prior to the effective date of this Act with respect to areas established as part of the wilderness system by this Act, or prior to the date of public notice thereof with respect to any area to be recommended for incorporation in the wilderness system, shall be permitted to continue subject to such regulations as are deemed necessary by the Secretary having jurisdiction over such area.

(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, July 10, 1930 (46 Stat. 1020), the Thye-Blatnik Act, Public Law 733, Eightieth Congress, June 22, 1948 (62 Stat. 568), and the Humphrey-Thye-Blatnik-Andreson Act, Public Law 607. Eighty-fourth Congress, June 22, 1956 (70 Stat. 326), 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 manner provided in section 3 (e).

(4) 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 as established in this Act.

(5) Any existing use or form of appropriation authorized or provided for in the Executive order or legislation establishing any national wildlife refuge or game range existing on the effective date of this Act may be continued under such authorization or provision.

(6) 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. (7) Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the several States with respect to wildlife and fish in the national forests.

(8) Nothing in this Act shall be construed to prevent, within national forest and public domain areas included in the wilderness system, any activity, in

cluding prospecting, for the purpose of gathering information about mineral or water resources or to prevent 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 the wilderness environment.

RECORDS AND REPORTS

SEC. 7. The Secretary of the Interior and the Secretary of Agriculture shall each maintain available to the public, records of portions of the wilderness system under his jurisdiction, including maps and legal descriptions, copies of regulations governing them, copies of public notices of, and reports submitted to Congress regarding, pending additions, eliminations, or modifications. Within a year following the establishment of any area within the national forests as a part of the wilderness system, the Secretary of Agriculture shall file a map and legal description of such area with the Interior and Insular Affairs Committees of the United States Senate and the House of Representatives, and such descriptions shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such legal descriptions and maps may be made with the approval of such committees. Within a year following the establishment of any area in the national park system or in a wildlife refuge or range as a part of the wilderness system, the Secretary of the Interior shall file a map and legal description of such area with the Interior and Insular Affairs Committees of the United States Senate and the House of Representatives. Clerical and typographical errors in such legal descriptions and maps may be corrected with the approval of such committees. Copies of maps and legal descriptions of all areas of the wilderness system within their respective jurisdictions shall be kept available for public inspection in the offices of regional foresters, national forest supervisors, forest rangers, offices of the units of the national park system, wildlife refuge, or range.

CONTRIBUTIONS AND GIFTS

SEC. 8. The Secretary of the Interior and the Secretary of Agriculture are each authorized to accept private contributions and gifts to be used to further the purposes of this Act. Any such contributions or gifts shall, for purposes of Federal income, estate, and gift taxes, be considered a contribution or gift to or for the use of the United States for an exclusively public purpose, and may be deducted as such under the provisions of the Internal Revenue Code of 1954, subject to all applicable limitations and restrictions contained therein.

LAND USE COMMISSIONS

SEC. 9. With respect to any State having more than 90 per centum of its total land area owned by the Federal Government on January 1, 1961, there shall be established for each such State a Presidential Land Use Commission (hereinafter called the Commission). The Commission shall be composed of five persons appointed by the President, not more than three of whom shall be members of the same political party, and at least three of whom shall be residents of the State concerned. The Commission shall advise and consult with the Secretary of the Interior and the Secretary of Agriculture on the current utilization of federally owned land in such State and shall make recommendations to the appropriate Secretary as to how the federally owned land can best be utilized, developed, protected, and preserved. Any recommendations made to the President by the Secretary of Interior or the Secretary of Agriculture and any recommendations made to the Congress by the President pursuant to the provisions of this Act shall be accompanied by the recommendations and reports made with respect thereto by the Commission.

SEC. 10. At the opening of each session of Congress, the Secretaries of Agriculture and Interior shall jointly report to the President for transmission to Congress on the status of the wilderness system, including a list and descriptions of the areas in the system, regulations in effect, and other pertinent information, together with any recommendations they may care to make.

SEC. 11. Nothing in this Act shall be construed as superseding, modifying, repealing, or otherwise affecting the provisions of the Federal Power Act (16 U.S.C. 792-825r).

Passed the Senate April 9, 1963.

Attest:

FELTON M. JOHNSTON,

Secretary.

Hon. WAYNE ASPINALL,

EXECUTIVE OFFICE OF THE PRESIDENT,

BUREAU OF THE BUDGET,

Washington, D.C., December 6, 1963.

Chairman, Committee on Interior and Insular Affairs,
House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: This is in response to your letter of November 22, 1963, requesting reports on 19 listed bills, all dealing with wilderness protection. Since the beginning of his administration, President Kennedy repeatedly supported the objectives of wilderness preservation and protection. He did so in the belief that a nation such as ours, which had conquered vast wilderness areas on its way to preeminence in the world, had a peculiar and unique responsibility to preserve portions of our country in a state approaching that in which our forefathers found it.

A wilderness preservation program would appear to accomplish three main objectives. First, it would provide specific examples of unmodified islands of nature for the use, education, and enlightenment of the generations which will follow us. Second, it would tend to spread the pressures upon our recreational resources which will become increasingly overburdened as the years go by. Third, it would tend to promote the economic interests of those communities which could become supply and accommodation bases for those using the preserved areas. Just as we in the present are the beneficiaries of the foresight of those who brought into existence in 1872 the first national park and created a statutory framework in 1916 for the administration of a series of national parks and monuments, we believe that the provision of a statutory base for wilderness and primitive areas would be in the national interest.

We believe that it is necessary and desirable to resolve as soon as possible the issues which have grown up around the subject of wilderness legislation. Accordingly, while we have previously indicated our support of other legislation for accomplishing the objectives sought by the 19 wilderness bills transmitted with your request of November 22, 1963, we nevertheless recognize that H.R. 9162, H.R. 9163, H.R. 9164, and H.R. 9165 represent a carefully considered and balanced effort at compromise and that they would provide a substantial measure of improved protection for wilderness areas, as well as orderly arrangements through which additional suitable wilderness areas could be given statutory protection.

In all the circumstances, therefore, and if amended as recommended by the Department of Agriculture, we regard these measures as acceptable and recommend favorable committee action thereon.

DEAR MR. ASPINALL: Your committee has requested a report on 19 bills relating to the establishment of a National Wilderness Preservation System.

We have previously indicated to the Congress our strong support for the enactment of legislation that will provide adequately for wilderness preservation. We wish to reaffirm this position. The Department submitted a favorable recommendation on S. 4 as introduced in the 88th Congress. After considering carefully the various proposals, we recommend the enactment of H.R. 9162 (or one of the identical bills, H.R. 9163, H.R. 9164, or H.R. 9165) if it is amended as suggested below. In our opinion, H.R. 9162 offers an equitable solution to the various wilderness questions that heretofore have been unresolved.

H.R. 9162 designates as wilderness areas the parts of the national forests that have been classified administratively as "wilderness," "wild," or "canoe." In addition, it requires the Secretary of Agriculture to review the areas of the national forests classified administratively as "primitive," and requires the