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serve the interests of the United States than would their denial. The grazing of livestock where well etablished on national-forest areas in the wilderness system could be permitted to continue.

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 re quired 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.

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 and would make annual reports to the Congress.

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 35 years. 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 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 Boundary 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. The term "wilderness area" originated on the national forests. These regulations provided for somewhat more stability and protection to the areas established thereunder than did the earlier regulation for the establishment of primitive areas issued 10 years previously. 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:

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In the restudy and reclassification of primitive areas, boundary adjustments have been made to eliminate portions not predominantly of wilderness value or add to adjacent national forest lands that are predominantly of wilderness value. Some new areas have been established, including two established within the last year. Taking into consideration the transfers to national parks of lands previously within primitive or wilderness areas in the national forests and corrections in area calculations, the total area of national forest land classified for administration as wilderness has remained about the same as it was in 1939.

The wilderness, wild, primitive, and roadless 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 wilderness-type areas within the national forests have been established and are administered pursuant to administrative action under the regulations of the Secretary of Agriculture. Until last year, they had no specific statutory recognition. The establishment and maintenance of such areas has long been maintained by this Department to be within the concept of multiple-use management, which this Department has applied to the national forests for over half a century. For the first time the Multiple Use-Sustained Yield Act of June 12, 1960, Public Law 86–517 (74 Stat. 215), which directs the Secretary of Agriculture to administer the renewable surface resources of the national forests for multiple use and sustained yield, gave statutory recognition to wilderness areas. In this act, the Congress declared the establishment and maintenance of wilderness areas to be consistent with the principles of multiple use and sustained yield. In inserting this provision as a committee amendment to the bill which became that act, the Senate Committee on Agriculture and Forestry made it clear that the enactment of that provision was not intended as a substitute for the enactment of legislation to establish a national wilderness preservation policy and program.

There was pending before the Senate at the time the Multiple Use-Sustained Yield Act was passed, the so-called wilderness bill, S. 1123 (86th Cong.). This Department, in its report of June 19, 1959, recommended enactment of that bill, with certain amendments. The substance of these amendments are accommodated for the most part in S. 174. We have consistently recommended the enactment of wilderness legislation insofar as it would affect the national forests ever since our first report on such legislative proposals in the 85th Congress. We strongly believe that not only should wilderness areas be established and maintained in the national forests, but also enactment of S. 174 would be desirable resource legislation and in the national interest.

The Bureau of the Budget advises that the enactment of this proposed legislation would be in accord with the President's program. Sincerely yours,




Washington D.C., February 24, 1961. Hon. CLINTON P. ANDERSON, Chairman, Committee on Interior and Insular Affairs, U.S. Senate, Washington, D.C.

MY DEAR MR. CHAIRMAN: This is in response to your request for the views of the Bureau of the Budget on S. 174, a bill to establish a National Wilderness Preservation System for the permanent good of the whole people, and for other purposes.

S. 174 would establish a National Wilderness Preservation System which would include national forest areas, national park areas, and national wildlife refuges and game ranges. Lands within 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. Section 3(f) provides that any recommendation of the President for addition, modification or adjustment of a wilderness area shall not take effect until the recommendation has been before the Senate and the House of Representatives for a complete session of Congress. Further, Congress may disapprove any addition, modification or adjustment during that session by use of a concurrent resolution.

The Bureau of the Budget favors the objectives of S. 174. With respect to section 3(f) the committee may wish to consider shortening the time during which a Presidential recommendation must remain before the Congress prior to its effective date. As now written, this period could extend over a year and a half.

Subject to your consideration of the above suggestion you are advised that enactment of S. 174 would be in accord with the President's program. Sincerely yours,

PHILLIP S. HUGHES, Assistant Director for Legislative Reference.


February 24, 1961.



This bill, to be known as the Wilderness Act, for the purpose of "securing for the American people of present and future generations the benefits of an enduring resource of wilderness," would establish a national wilderness preservation system comprised of such federally owned lands (subject to existing private rights) made up from the following: (1) all areas within national forests classified on the effective date of the bill by the Secretary of Agriculture or the Chief of the Forest Service as "wilderness, wild, primitive, or canoe,” the primitive areas only being subject to review by the Secretary within 15 years from the effective date of this act as to their suitability for inclusion into the wilderness system, the results of which are recommended to the President; (2) portions of national parks or monuments embracing "a continuous area of 5,000 acres or more without roads" as may be recommended subsequent to enactment of the bill by the Secretary of the Interior to the President within a specified time; (3) such portions of national wildlife refuges and game ranges as may be recommended subsequent to enactment of the bill by the Secretary of the Interior to the President within a specified period; (4) acquisitions of "privately owned land within any portion of such system” under either Secretary's jurisdiction, and, in addition, acquisitions by gift or bequest to the respective Secretaries.

Provisions in sections 3(b) (1), 3(c) (1), and 3(d), provide that the President shall advise the House and Senate, before the convening of Congress each year, of the areas he recommends for incorporation into the system. Thereupon, under the provisions of section 3 (f), any recommendations so made would take effect only upon the day after adjournment sine die of the first complete session of the Congress following the date or dates upon which they were received by the House and Senate, provided however, the Congress did not approve a concurrent resolution in opposition thereto.

This Commission's interest in the bill arises from the fact that it would set up a wilderness system embracing lands and powersites having existing and potential power value subject to the Commission's authority under part I of the Federal Power Act. Section 4(e) of the Power Act provides that licenses shall be issued within reserved lands of the United States “only after a finding by the Commission that the license will not interfere or be inconsistent with the purpose for which such reservation was created or acquired, and shall be subject to and contain such conditions as the Secretary of the Department" having jurisdiction “shall deem necessary for the adequate protection and utilization of such reservation."

Under section 24 of the Federal Power Act any lands of the United States included in a proposed project “shall from the date of filing of the application therefor be reserved from entry, location, or other disposal under the laws of the United States until otherwise directed by the Commission or by Congress.” In addition to reservations effected under this provision of the Power Act, other lands of the United States have been reserved or withdrawn from time to time for power purposes under other statutes and in the future, lands may be reserved pursuant to section 24 or under other statutes.

Based upon the available but incomplete information concerning wild, wilderness, or primitive areas, the hydroelectric generating capacities of the sites, licensed and potential, which would be affected in those areas are as follows: Capacity under license:

Kilowatts Existing --

748, 900 Under construction -

257, 000 Other potential capacity

2, 870, 300


3,876, 200 It further appears that about 265,000 acres of powersite lands would be included in wilderness type areas that would be established by the bill. The total area of lands withdrawn for power purposes is approximately 7,217,000 acres as of June 30, 1960.

The bill would not incorporate in the wilderness system as of its effective date any lands presently within wildlife refuges or game ranges, but sets up pro cedures under which portions of such refuges and ranges, as well as portions of primitive areas, may subsequently be incorporated into the system. It is assumed that when future recommendations are made to the Congress by the President to incorporate additional areas into the system, this Commission will be requested to advise the Congress as to the power potential affected by any such recommendations.

It is clear from provisions in sections 3(a) and 6(b), which preserve existing private rights in lands placed in the wilderness system, that the bill would not adversely affect a licensee's right to continue use of such lands under authority of a license previously issued by this Commission. Furthermore, it is noted that the bill contains no language which would expressly vacate or rescind any power withdrawal or power reservation created prior to enactment or which would expressly modify, repeal, or otherwise affect the Commission's authority to issue licenses in the future to use lands in the wilderness system for power purposes provided the above-discussed finding of consistency and noninterference can be made under section 4(e) of the Federal Power Act with respect to the use of reserved lands.

In order to safeguard the public interest in the development of waterpower resources on lands belonging to the United States through licenses under the Federal Power Act, and to eliminate any misunderstanding that may otherwise exist, the Commission recommends that the bill be amended by adding a new subsection 6(c) (8) to read as follows:

"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)."



Washington, March 8, 1961. Hon. CLINTON P. ANDERSON, Chairman, Committee on Interior and Insular Affairs, Senate, Washington, D.C.

MY DEAR MR. CHAIRMAN: This is in response to your request of February 1, 1961, for this Departinent's views on S. 174 (87th Cong.) entitled “A bill to establish a National Wilderness Preservation System for the permanent good of the whole people, and for other purposes."

S. 174 would allow certain Federal lands to be set aside in a wilderness system for the use and enjoyment of the American people. Section 8 of the bill would authorize the Secretary of the Interior and the Secretary of Agriculture to accept private contributions and gifts to be used to further the purposes of the act. The second sentence of section 8 would provide that, “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.”

Sections 170, 2053, and 2522 of the Internal Revenue Code now provide that gifts to or for the use of the United States for exclusively public purposes are allowable as deductions for Federal income, estate, and gift tax purposes. Therefore, there is no need for a specific provision in S. 174 to accomplish this result. The Department believes that tax provisions generally should not be incorporated in nontax legislation and that the incorporation in S. 174 of a tax provision, which is not necessary to achieve the objectives of the bill, would provide an undesirable precedent in other areas.

In view of the foregoing, the Department recommends that the second sentence of section 8 be deleted from S. 174.

The Bureau of the Budget has advised that subject to your consideration of the recommended deletion the enactment of S. 174 would be in accord with the President's program. Sincerely yours,


Acting Secretary of the Treasury. The CHAIRMAN. Our first witness this morning is the Secretary of the Interior.

It is a great pleasure for me to welcome a neighbor and a worker in the vineyard over here testifying before the committee. We had him originally when his nomination was up and tried to make life as miserable as possible for him. We had some very splendid questions and got some mighty fine answers.

Mr. Secretary, I appreciate very much that you have taken the time I know how busy you are-to testify this morning on a bill which concerns your Department and other departments of the Government. We appreciate your personal attendance.



Secretary UDALL. Thank you very much, Mr. Chairman. I have with me Mr. Max Edwards, my Assistant and Legislative Counsel.

The CHAIRMAN. Since he was for so many years a resident of New Mexico we are happy to have him also.

Secretary UDALL. We are happy to have him with us, I might say.

Let me say first off, Senator, that I think the taking up of this legislation here today as the first major work of this committee exhibits what the administration regards as a very fine sense of priorities. I think that this is important legislation and we had evidence only last Thursday of the concern of the administration with regard to this particular measure. The President stated in his natural resources message that he favored legislation along the lines of S. 174 and urged its enactment, and I want to state on behalf of the administration that we are deeply committed to the enactment of a bill similar to the bill that you have introduced.

This legislation has been the subject of discussion at many hearings in the past few years. I think one might say that this wheat has been pretty well threshed.

I think that S. 174 represents, as I see it and as the administration sees it, a reasonable compromise. I think that some of the things which have been modified in previous bills were wisely modified. I think with respect to many of those who had objections to some fea

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