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. 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 national forest areas included in the wilderness system 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. In addition, such measures may be taken as may be necessary in the control of fire, insects, and diseases, subject to such conditions as the Secretary of Agriculture deems desirable.

(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 exploration for oil and gas), mining (including the production of oil and gas), and the establishment and maintenance of reservoirs, water-conservation works, 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 well 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, may be permitted to continue subject to such restrictions 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 ThyeBlatnik Act, Public Law 733, Eightieth Congress, June 22, 1948 (62 Stat. 568), and the Humphrey-Thye-Blatnik-Andersen 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.

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 descriptions, copies of regulations governing them, copies of public notices of, and reports submitted to Congress regarding pending additions, eliminations, or modifications. At the opening of each session of Congress, the Secretaries shall jointly report to the President for transmission to Congress on the status of the wilderness system, including a list and description of areas in the system, regulations in effect, and other pertinent information, together with any recommendations they may care to make.

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.

Hon. CLINTON P. ANDERSON,

U.S. DEPARTMENT OF THE INTERIOR,

OFFICE OF THE SECRETARY, Washington, D.C., February 24, 1961.

Chairman, Committee on Interior and Insular Affairs,

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

DEAR SENATOR ANDERSON: Your committee has requested a report on S. 174, 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 this proposal. We suggest hereafter certain minor amendments to the bill that we believe would be desirable.

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 widerness proposals. It clearly delimits the wilderness system 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 the 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 15-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. Significantly, 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 aso 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 adjustment 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 the following amendments to this bill:

(1) On page 5, line 7, strike out the word "ten" and insert in lieu thereof the word "fifteen".

This amendment is suggested in the interest of uniformity. Fifteen years are allowed in the bill for the review of certain national forest areas to determine their suitability for inclusion in the wilderness system. We believe that national park system areas, as well as the wildlife refuges and game ranges, should be governed by the same requirement.

(2) On page 6, line 16, beginning with the word "Further", strike out the language in the sentence up to and including the word "area" in line 20, and substitute in lieu thereof "The purposes of this Act are hereby declared to be within and supplemental to but not in interference with the purposes for which parks, monuments, and other units of the national park system are administered".

This amendment is desirable in the interest of clarification. It is in harmony with a similar provision relating to national forests in section 3(b) (2). (3) On page 7, line 10, strike out the word "ten" and insert in lieu thereof the word "fifteen".

As previously explained regarding a similar amendment relating to national' parks, this amendment is suggested for the purposes of uniformity. If this amendment is adopted, in the interest of promoting further clarification, the next amendment would be desirable.

(4) On page 7, line 10, insert a period immediately following the word "Act" and strike out the rest of the sentence beginning with ", and” in line 10 and ending with the word "jurisdiction." in line 16.

(5) On page 8, line 10, following the word "shall" insert ", if found to be justified by the Secretary,".

(6) On page 9, revise line 8 to read "(g) Public notice when given by either the Secretary of the".

We consider this amendment to be desirable in the interest of clarification.. Subsection (g) provides that "The public notice by either the Secretary of the Interior or the Secretary of Agriculture that any areas 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." [Empasis supplied.] The only requirement for the giving of public notice, however, is contained in subsection (e) concerning modification of boundaries. We believe the language of subsection (g) probably would be limited in application to boundary modifications under subsection (e). On the other hand, it appears that the intent of subsection (g) is to have the provision apply also to new areas. Our amendment is suggested in order to permit the giving of notice, and the segregation of the lands in question from the public land laws pursuant to subsection (g), in the discretion of the particular Secretary. There would be no need to give notice or use the authority under subsection (g) to segregate the lands within the national park system from the public land laws as these areas are already segregated from such laws.

(7) On page 9, line 22, following the word "any", insert the word "new". This is a clarifying amendment.

(8) On page 10, line 7, strike out the words "privately owned" and insert in, lieu thereof the words "non-Federal".

This is a clarifying amendment.

(9) On page 10, line 25, and on page 11, line 1, strike out the words “, except that any", and insert in lieu thereof ". Each".

This amendment is suggested for clarification. So far as the national parks are concerned, the present language indicating that an exception is required to preserve the areas for wilderness purposes is inaccurate. These areas, as we have indicated previously, are administered in keeping with wilderness standards. The Bureau of the Budget has advised that, subject to your consideration of the foregoing amendments, enactment of S. 174 would be in accord with the President's program.

Sincerely yours,

Hon. CLINTON P. ANDERSON,

STEWART L. UDALL, Secretary of the Interior.

DEPARTMENT OF AGRICULTURE, Washington, D.C., February 24, 1961.

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

DEAR SENATOR ANDERSON: This is in response to your request of January 17 for a report on S. 174, 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.

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 15 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.

The President would be authorized to recommend modifications or adjustments of boundaries of areas in the wilderness system.

The recommendations of the President with respect to the continued inclusion of primitive areas in the wilderness system and for modifications or adjustments of boundaries of areas in the wilderness system would take effect if not disapproved by the Congress by concurrent resolution 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 authorization by law. It is understood that this would apply to the addition of a completely new wilderness-type 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 modification or adjustment of boundaries.

With respect to national-forest areas included in the wilderness system, 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, 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