Hon. FLOYD K. HASKELL,

GOVERNOR'S OFFICE, Denver, Colo., June 20, 1973.

Chairman, Subcommittee on Public Lands, Senate Interior and Insular Affairs Committee, Senate Office Building, Washington, D.C.

DEAR FLOYD: Speaking for the people of Colorado, I wish to express our appreciation to you and Peter for conducting the recent wilderness hearing in Denver. I am sorry that I couldn't be present at this hearing.

Enclosed are my statements on S.702, S.1863 and S.1864 for inclusion in the written record of the public hearing. I hope you will find this useful in your deliberations.

Sincerely,

JOHN A. LOVE.

GOVERNOR'S OFFICE,

Denver, Colo., June 20, 1973.

Hon. PETER H. DOMINICK,

U.S. Senator for the State of Colorado,

Old Senate Office Building,

Washington, D.C.

DEAR PETE: On behalf of the State of Colorado, I want to thank you and Floyd for holding the recent wilderness hearing in Denver. I regret that I wasn't able to appear.

Enclosed are my statements on S.702, S.1863 and S.1864 for inclusion in the written record of the public hearing. I hope you will find these useful in your deliberations.

Sincerely,

JOHN A. LOVE.

STATEMENT OF HON. JOHN A. LOVE, GOVERNOR OF COLORADO 1

The State of Colorado supports and urges passage of S. 702, sponsored by Senators Peter H. Dominick and Floyd K. Haskell, designating a Flat Tops Wilderness Area of approximately 212,716 acres within the White River and Routt National Forests. I respectfully request, however, that several additions to the area be carefully considered for possible inclusion in this Bill. There appears to be widely based support within the State for these inclusions and I concur that they would constitute worthwhile additions to this Wilderness Area.

These additions include portions of Areas O and S, U.S. Forest Service Map "B" of Flat Tops Wilderness dated April 24, 1967, known as the Trout CreekMandal Creek and Patterson Creek-Wagonwheel Creek areas, respectively. Additionally, we would urge that portions of the South Fork of White River drainage commonly known as The Meadows be included within the wilderness area boundary. The historic Budge's Resort and the road thereto would, in all probability, have to be treated as an enclave and hence excluded from the wilderness boundary as long as this resort remains in private ownership. Detailed descriptions of these areas and justification for their inclusion within the wilderness area are attached hereto.

In previous testimony on this proposed wilderness area I had asked that all or portions of the South Fork of the White River, designated as Area G-1 on U.S. Forest Service Map B, be excluded from wilderness classification because of the potential this river offers for water developments that might be needed for the future development of energy resources in Colorado. I am now convinced that provisions contained in the Wilderness Act of 1964 provide ample safeguards for development of water resources within designated wilderness

1 Submitted to Senator Floyd K. Haskell, Chairman, Public Lands Subcommittee of Senate Interior and Insular Affairs Committee, for incorporation in the hearing records on this Bill in Denver, Colorado, June 11, 1973.

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areas should such developments be in the public interest. Accordingly, it is my opinion that the public interest can best be served by including all those portions of the South Fork in Area G-1 and The Meadows within the Flat Tops Wilderness Area.

Please enter this statement and the appendices hereto in the official hearing record on this Bill.

APPENDIX A-AREA O

DESCRIPTION

Lands recommended for inclusion within the Flat Tops Wilderness Area include all those within Area O, U.S. Forest Service Map "B" of Flat Tops Wildereness Area dated April 24, 1967, except for the following exclusions: (1) all lands within the Bunker Creek drainage; and (2) all lands within the Sand Creek drainage. These exclusions constitute approximately 2,000 acres, thus reducing the acreage of Area O additions to about 13,500 acres.

JUSTIFICATION

The aforementioned exclusions were made to overcome objections of the U.S. Forest Service expressed in the Proposed Flat Tops Wilderness, Colorado, signed by Secretary of Agriculture, August 11, 1967.

Those portions of Area O recommended for inclusion in the Flat Tops Wilderness provide a wilderness setting for Orno Peak and the sheer volcanic escarpment of the Flat Tops, including the famous Devil's Causeway, where this geological formation reaches its greatest prominence. In addition, this area supplies significant high-country lake and stream fishing and summer forage for numerous deer and elk.

STATEMENT OF HON. JOHN A. LOVE, GOVERNOR OF COLORADO 1

The State of Colorado supports and urges passage of S. 1863, sponsored by Senators Floyd K. Haskell and Peter H. Dominick, designating a Weminuche Wilderness Area in the San Juan and Rio Grande National Forests with one minor exception. I respectfully request that the Chicago Basin-Needle Creek area be excluded. More specifically, the exclusion recommended includes those portions of Unit 7, U.S. Forest Service Weminuche map dated May 10, 1968, within the Animas River drainage, thus leaving the Johnson Creek drainage within the proposed wilderness area. This exclusion is heavily mineralized and is experiencing renewed mineral activity. Mineral interests and western slope groups are nearly unanimous in asking that this mineralized area be excluded from wilderness classification.

Unfortunately, this exclusion is extremely scenic and rich in wildlife resources worthy of wilderness protection. With this in mind, I would urge the U.S. Forest Service to provide some administrative classification of this area pursuant to its authority under Regulation U-3 to provide maximum protection possible of these scenic and wildlife resources.

Please enter this statement in the official hearing record on this Bill.

APPENDIX C-THE MEADOWS

That portion of the South Fork of the White River commonly known as The Meadows was never included in earlier wilderness proposals because of a primitive road up this drainage to a point near the confluence of the South Fork and Nichols Creek. This primitive road is no longer needed and its surface could be restored to natural condition.

DESCRIPTION

The proposed addition to the Flat Tops Wilderness Area here recommended may be described as: those portions of the South Fork of the White River drainage north of a line starting at a point one-quarter mile downstream from Budge's Resort; thence in an easterly direction up the center of the South

1 Submitted to Senator Floyd K. Haskell, Chairman, Public Lands Subcommittee of Senate Interior and Insular Affairs Committee, for incorporation in the hearing records on this Bill, in Denver, Colorado, June 11, 1973.

Fork of the White River to its confluence with Fawn Creek; thence up Fawn Creek for one-quarter mi`e; thence in a southerly direction parallel to and one-quarter mile from the road to a point on an east-west line through Bench Mark 9715; thence due east to the Flat Tops Primitive Area boundary.

JUSTIFICATION

Since there appeared to be overwhelming support at the hearing, for which this statement was subsequently prepared and submitted, for inclusion of The Meadows within the Flat Tops Wilderness Area, and since the exclusoin of this area creates an additional unnecessary enclave in the proposed wilderness boundary, I can see no reason for excluding this area.

APPENDIX B-AREA S

DESCRIPTION

Area S, as shown on U.S. Forest Service Map "B" of Flat Tops Wilderness Area dated April 24, 1967, is recommended for inclusion in the wilderness area with the following modification in the boundaries of this unit: Starting at a point on the South Fork of the White River one-quarter of a mile downstream from Budge's Resort; thence in a counter-clockwise direction around and onequarter mile from said resort to a point one-eighth mile south of the access road to said resort; thence parallel and one-eighth mile from said road to a point on a north-south line through Bench Mark 9049; thence in a southwesterly direction on the divide between Wagonwheel and Dry Buck Creeks, excluding the vehicle trail, to a point on a ridge immediately north of the East Fork of Wagonwheel Creek; thence in a westerly direction on said ridge to the confluence of the forks of Wagonwheel Creek; thence up a dominant ridge in a southwesterly and then southerly direction to a point one-quarter mile north of the Ute Trail; thence in a westerly direction parallel to and one-quarter mile from said trail to a point where it merges with the Blair Mountain Road south of Bench Mark 11368; thence in northerly direction along the east escarpment of Blair Mountain to the south boundary of Area G-1, northwest of Blair Lake.

JUSTIFICATION

This proposed addition contains several important back-country fishing lakes which need wilderness protection to preserve quality fishing. Even more important is the role wilderness protection would afford to the large number of elk which summer in this area. Further encroachment on this area by roads and off-road vehicular traffic could easily destroy the usefulness of this area for elk.

EXPLANATORY NOTE

Regulation U-3 provides for administrative classification and special management of lands administered by the U.S. Forest Service to protect scenic, archeological, historical, geological, botanical or other special characteristics. The U.S. Forest Service has recently ruled that zoological areas could be included under "special characteristics”.

This regulation appears as 36 CFR 251.22 and is implemented by Emergency Directive No. 6, January 11, 1972, which appears in Chapter 2360 of the Forest Service Manual, Copies of Chapter 2360 and an abstract of 36 CFR 251.22a are attached hereto for your information. The more appropriate portions of these documents are marked for ready reference.

FOREST SERVICE MANUAL-CHAPTER 2360-SPECIAL INTEREST AREAS

Material on this and the following two pages are direct quotes of Chapter 2360 as amended by Emergency Directive No. 6, January 11, 1972.

Throughout the National Forest System is a great wealth of places with unusual scenic, historic, prehistoric, scientific, or other special interest which merit special attention and management.

The administrative policies and guidelines applicable to all of these areas, and others which are hereafter designated for similar purposes, are covered in this chapter.

2360.1 AUTHORITY

The Organic Administration Act, June 4, 1897, authorizes the Secretary of Agriculture to regulate occupancy and use of the National Forests. Classification of special interest areas which should be managed for recreation use substantially in their natural condition is authorized under 36 CFR 251.22a.1 Such areas which are of a nature or significane to justify or require more intensive management, protection, interpretation, or use are authorized under 36 CFR 251.22b.

The Environmental Policy Act of January 1, 1970, declares the responsibility of Federal Agencies to preserve important historic, cultural, and natural aspects of our national heritage and provides that the policies, regulations, and public laws shall be interpreted and administered in accordance with the policies of the Act.

Special authority and direction governing the administration and protection of archeological remains, the National Landmarks program, and the National Register of Historic Places are included in the appropriate sections of this chapter.

2360.2 OBJECTIVES

To protect and, where appropriate, foster public use and enjoyment of areas with scenic, archeological, historical, geological, botanical, or other special characteristics. To classify areas that possess unusual recreation and scientific values so that these special values are available for public study, use, or enjoyment.

2360.3 POLICIES

1. Inventory. The National Forest Recreation Survey identified and recorded many areas with special significance for recreational, scientific, cultural, or educational use. Subsequent recreation resource inventories will update and intensify this record. The Recreation Information Management System (RIM) will be used for storage and retrieval of such information.

2. Establishment. The Forest Service will designate or recommend designation of special zones under the authority granted in 36 CFR 251.22 when such action is desirable to give recognition to special or unique values or to give public assurance of continuity between successive administrative offices in special management direction for an area.

3. Plans. Each area will be recognized as a separate special zone in the regional multiple-use guides (FSM 2121.33). A special zone plan will set forth the management situation, basic assumptions, management objectives, and coordination requirement. Planning will be conducted in the same general manner as prescribed for Primitive Areas and Wilderness (FSM 2322). Approval of the plan will also constitute classification of the area, and the plan will so provide. The Forest Officer authorized to classify an area (FSM 2360.4) is authorized to approve the plan.

Each area will also be covered by a recreation management plan.

4. Boundaries. The boundaries should be carefully selected so as to be easily recognized, readily enforced, and inclusive of all values to be protected. The general instructions on boundaries for wildernesses (FSM 2320) are applicable, except as to the degree of isolation required.

5. Occupancy and Use. The types of occupancy and use to be permitted, limited, or prohibited must be carefully considered and fully defined for areas of every kind classified under 36 CFR 251.22. The decision as to uses to be permitted on areas classified under this regulation is left to the discretion of the approving officer. Therefore, Forest Supervisors recommending areas for classification or incorporating them in National Forest recreation management plans for approval willfully describe the conditions of occupancy and use under which the area should be managed to perpetuate its special values.

6. National Historic Landmarks and National Register of Historic Places. All or part of areas classified under 36 CFR 251.22 which have historic, architectural or archeological significance will be evaluated for nomination for inclusion on the National Register of Historic Places (FSM 2366). If of major national interest, they will also be considered for nomination as a National Historic Landmark.

1 An abstract of 36 CFR 251.22a appears as addendum to this Chapter.

2360.4 RESPONSIBILITY AND DELEGATION

Areas of 100,000 acres or more which are to be managed under 36 CFR 251.22a will be approved and classified by the Secretary of Agriculture. The authority to approve and classify such areas of less than 100,000 acres is conferred upon the Chief and that authority is delegated to Regional Foresters. The Chief will notify the House and Senate Committees on Interior and Insular Affairs before any area exceeding 100,000 acres is classified. The Chief will also notify these Committees in advance of any classification action which will require the withdrawal of over 5,000 acres from application of the mining laws. Accordingly, Regional Foresters will submit to the Chief, prior to establishment, all such proposals. The Washington Office shall also be sent, for information, copies of the classification reports covering other special interest areas over 5,000 acres in size after they have been approved.

Areas classified under 36 CFR 251.22b which exceed 160 acres require approval of the Secretary. Regional Foresters are authorized to establish areas of 160 acres or less under 36 CFR 251.22b. This authority may be delegated to Forest Supervisors.

Regional Foresters will report to the Chief any historical, archeological, geological, or other sites on National Forest land which they believe may qualify for listing in the National Register of Historic Places. For further information, see FSM 2366.

251.22

Recreation Areas.

251 * DESIGNATION OF AREAS

"(a) Areas which should be managed principally for recreation use substantially in their natural condition and on which, in the discretion of the officer making the classification, certain other uses may or may not be permitted may be approved and classified by the Chief of the Forest Service or by such officers as he may designate if the particular area is less than 100,000 acres. Areas of 100,000 acres or more will be approved and classified by the Secretary of Agriculture."

251.23 Experimental Areas and Research Natural Areas.

Provides for the establishment of "natural areas, sufficient in number and size to illustrate and adequately or typify for research or educational purposes, the important forest and range types in each forest region,as well as other plant communities that have special or unique characterisitics of scientific interest and importance." Issuance of special permits or the construction of permanent improvements are prohibited unless permitted by the Chief of the U.S. Forest Service.

STATEMENT OF HON. JOHN A LOVE, Governor of COLORADO 1

The State of Colorado supports and urges passage of S. 1864, sponsored by Senators Floyd K. Haskell and Peter H. Dominick, designating an Eagles Nest Wilderness Area within the White River and Arapahoe National Forests of approximately 125,000 acres.

In my judgment, provisions contained in the Wilderness Act of 1964 provide ample protection to the Denver Water Board and other water developers should it become necessary to develop the water resources within this proposed wilderness area.

Please enter this statement in the official hearing record on this Bill.

STATEMENT OF EDWARD P. CONNORS, FORMER PRESIDENT OF THE COLORADO
OPEN SPACE COUNCIL

My name is Edward Connors I am formerly Chairman of the Wilderness Workshop of the Colorado Open Space Council, and the Immediate Past President of that organization. I regret very much not being at the hearings today, but appreciate this opportunity to make my views known to you. I feel personally that this is "my wilderness area", since I spent the better part of three summers in the entire area prior to the Forest Service hearings in October,

* 36 CFR.

1 Submitted to Senator Floyd K. Haskell, Chairman, Public Lands Subcommittee of Senate Interior and Insular Affairs Committee, for incorporation in the hearing ree on the Bill in Denver, Colorado, June 11, 1973.