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the refuges and ranges which might be incorporated in the wilderness system. It is left up to the Secretary's discretion what areas, if any, shall be recommended. It is to be assumed that he will not recommend designation of wilderness areas where they will interfere with the primary wildlife purposes of the areas. However, wilderness and the propagation of many types of game and fish are entirely compatible and desirable.
Section 3(e) provides that the modification of boundaries of wilderness areas may be recommended to Congress, after public hearings if there is demand for them, and become effective if not disapproved by Congress. This is intended to cover relatively minor adjustments of boundaries—not major additions or eliminations to or from a wilderness unit.
Section 3(f) provides that the recommendations of original wilderness areas shall be submitted to Congress by the President and become effective following adjourning of a complete session of Congress if not disapproved by a concurrent resolution. It provides further that such a concurrent resolution shall be subject to a provision of the Reorganization Act of 1949, which makes it possible for any Member of the House or Senate favoring the resolution to get a vote on a resolution of disapproval on the floor if it is not reported to the floor by the appropriate committee within 10 calendar days after reference to the committee.
Section 3(g) provides for the segregation of areas from appropriation for other uses after public notice is given by the Secretary of Agriculture or Secretary of the Interior that it is to be proposed as a wilderness area.
It also provides for the termination of such segregation if the proposal is rejected by the President or by the Congress, or 5 years after it becomes effective if the area has not been submitted to Congress as a proposed wilderness area.
Section 3 (h) provides that all additions to the wilderness system or eliminations from the wilderness system not provided for in the act must be made by act of Congress.
Sections 4 and 5 of S. 174 authorize the acquisition of private lands within wilderness areas and acceptance of gifts or bequests of land for preservation as wilderness.
Section 6(a) gives guidelines to the administering agencies for the management of wilderness areas. Nothing in the act is to be interpreted as interfering with the original purposes for which the park, monument, forest, or wildlife land was set aside, except that the wilderness character is to be preserved. The areas are to be devoted to recreational, scenic, scientific, educational, and historical uses which are in keeping with the wilderness environment and
its preservation. Section 6(b) prohibits commercial enterprises in the wilderness areas, use of motorized equipment, landing of aircraft, or the construction of roads of any kind except the minimum required for administration of the area and for the health and safety of persons.
Section 6(c) (1) authorizes continued use of motorboats and aircraft where these practices are well established, and necessary measures to control fire, insects, and disease.
Section 6(c)(2) permits the President of the United States to authorize exploration and mining, including exploration for oil and gas, the establishment and maintenance of reservoirs and water conservation works, and necessary roads, when he determines such use will best serve the Nation. It also authorizes continuation of grazing where it is well established.
Section 6(c)(3) makes necessary exceptions for the boundary waters canoe area in the Superior National Forest in Minnesota, to keep that area's management in accord with established practices and the acts under which it was set aside.
Section 6(c)(4) is intended to authorize performance of such commercial services as the provision of guide service and horses within the wilderness areas-services proper for realizing the recreational and other purposes” of the wilderness system. This is not intended to authorize dude ranches, commercial stables, or guide service offices within the wilderness areas, but to permit such establishments, existing outside the wilderness areas, to perform their services within the wildernesses.
Section 6(c)(5) assures that the act will not interfere with purposes set out in the Executive orders or legislation creating the wildlife ranges and refuges.
Section 6(c) (6) is a disclaimer of any interference with State or Federal water rights.
Section 6(c)(7) is a disclaimer of any interference with existing jurisdiction or responsibilities of the several States in respect to wildlife and fish in the national forests. It is intended to maintain the status quo so far as hunting and fishing in wilderness areas are concerned.
Section 7 of this bill provides that the Secretaries of Agriculture and Interior shall keep records, maps, and documents in regard to the wilderness system, and that they shall annually provide a joint report to the President for transmission to Congress, on the status of the wilderness system.
Section 8 authorizes the Secretaries of Interior and Agriculture to accept contributions or gifts other than land, for the purposes of the act, and gives such gifts for the use of the United States the same exemption from Federal income, estate, and gift taxes accorded other contributions to the Government.
This bill does not establish any new agency. It is intended that wilderness area lands will remain in the hands of the same administrative agencies as administer them now. The bill does not require any new appropriations. It is intended that the work connected with the wilderness areas be absorbed into the present workload of the various agencies.
At this point, without objection, I will insert in the record a copy of S. 174, a copy of a statement by the Secretary of the Interior in which he comments on the bill, a copy of a letter and also a statement by the Secretary of Agriculture, a report from the Bureau of the Budget, and then finally a report from the Federal Power Commission with its comments on the bill.
(The documents referred to follow :)
[S. 174, 87th Cong., 1st sess.) A BILL to establish a National Wilderness Preservation System for the permanent good
of the whole people, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. This Act may be cited as the “Wilderness Act”.
WILDERNESS SYSTEM ESTABLISHED
STATEMENT OF POLICY
SEC. 2. (a) The Congress recognizes that an increasing population, accompanied by expanding settlement and growing mechanization, is destined to occupy and modify all areas within the United States and its possessions except those that are designated for preservation and protection in their natural condition. It is accordingly declared to be the policy of the Congress of the United States to secure for the American people of present and future generations the benefits of an enduring resource of wilderness. For this purpose there is hereby established a National Wilderness Preservation System to be composed of federally owned areas in the United States and its possessions to be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness.
DEFINITION OF WILDERNESS
(b) A wilderness, in contrast with those areas where man and his own works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. An area of wilderness is further defined to mean in this Act an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to preserve its natural conditions and which (1) generally appears to have been affected primarily by the forces of nature, with the imprint of man's works substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) is of sufficient size as to make practicable its preservation and use in an unimpaired condition; and (4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value.
NATIONAL WILDERNESS PRESERVATION SYSTEM
EXTENT OF SYSTEM
SEC. 3. (a) The National Wilderness Preservation System (hereafter referred to in this Act as the wilderness system) shall comprise (subject to existing private rights) such federally owned areas as are established as part of such system under the provisions of this Act.
NATIONAL FOREST AREAS
(b) (1) The wilderness system shall include all areas within the national forests classified on the effective date of this Act by the Secretary of Agriculture or the Chief of the Forest Service as wilderness, wild, primitive, or canoe: Provided, That the areas classified as primitive shall be subject to review as hereinafter provided. Following enactment of this Act, the Secretary of Agriculture shall, within fifteen years, review, in accordance with paragraph C, section 251.20, of the Code of Federal Regulations, title 36, effective January 1, 1959, the suitability of each primitive area in the national forests for preservation as wilderness and shall report his findings to the President. Before the convening of Congress each year, the President shall advise the United States Senate and the House of Representatives of his recommendation with respect to the continued inclusion within the wilderness system, of each area on which review has been completed in the preceding year, together with maps and definition of boundaries: Provided, That the President may, as part of such recommendations, alter the boundaries existing on the date of this Act for any primitive area included, to exclude portions not predominantly of wilderness value or to add any adjacent area of national forest lands that are predominantly of wilderness value. The recommendation of the President with respect to each area shall become effective subject to the provisions of subsection (f) of this section.
(2) The purposes of this Act are hereby declared to be within and supplemental to but not in interference with the purposes for which national forests are established as set forth in the Act of June 4, 1897 (30 Stat. 11) and the Multiple Use-Sustained Yield Act of June 12, 1960, Public Law 86-517 (74 Stat. 215),
NATIONAL PARK SYSTEM AREAS
(c) (1) There shall be incorporated into the wilderness system, subject to the provisions of and at the time provided in this section, each portion of each park, monument, or other unit in the national park system which on the effective date of this Act embraces a continuous area of five thousand acres or more without roads. Within ten years after the effective date of this Act the Secretary of the Interior shall review the units of the national park system and shall report his recommendations for the incorporation of each such portion into the wilderness system to the President. Before the convening of Congress each year, the President shall advise the United States Senate and the House of Representatives of his recommendations with respect to the incorporation into the wilderness system of each such portion for which review has been completed in the preceding year, together with maps and definitions of boundaries. The recommendation of the President with respect to each such portion shall become effective subject to the provisions of subsection (f) of this section.
(2) The Secretary of the Interior shall include, as part of his recommendations to the President under the provisions of this subsection, a description of the parts of each park, monument, or other unit submitted which should be reserved for roads, motor trails, buildings, accommodations for visitors, and administrative installations. Such parts shall be determined in accordance with the procedures for rulemaking under section 4 of the Administrative Procedure Act (5 U.S.C., sec. 1003), except that the public notice required under such section shall be at least ninety days prior to the determination proceedings. No designation of an area for roads, motor trails, buildings, accommodations for visitors, or administrative installations shall modify or affect the application to that area of the provisions of the Act approved August 25, 1916, entitled "An Act to establish a National Park Service, and for other purposes" (39 Stat. 535, 16 U.S.C. 1 and following). The accommodations and installations in such designated areas shall be incident to the conservation and use and enjoyment of the scenery and the natural and historical objects and flora and fauna of the park or monument in its natural condition. Further, the inclusion of any area of any park, monument, or other unit of the national park system within the wilderness system pursuant to this Act shall in no manner lower the standards evolved for the use and preservation of such area in accordance with such Act of August 25, 1916, the statutory authority under which the area was created, or any other Act of Congress which might pertain to or affect such area, including, but not limited to, the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C., sec. 432 and following) ; section 3(2) of the Federal Power Act (16 U.S.C., sec. 796 (2)); and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C., sec. 461 and following).
NATIONAL WILDLIFE REFUGES AND GAME RANGES
(d) There shall be incorporated into the wilderness system, subject to the provisions of and at the time provided in this section, such portions of the wildlife refuges and game ranges under the jurisdiction of the Secretary of the Interior as he may recommend for such incorporation to the President within 10 years following the effective date of this Act, and such portions of the wildlife refuges and game ranges added to his jurisdiction after such date but not later than fifteen years following such date as he may recommend for such incorporation to the President within two years following the date on which such refuge or range was added to his jurisdiction. Before the convening of Congress each year the President shall advise the United States Senate and the House of Representatives of his recommendations with respect to the incorporation into the wilderness system of each area recommended for such incorporation by the Secretary of the Interior during the preceding year, together with maps and definitions of boundaries. The recommendation of the President with respect to each area shall become effective subject to the provisions of subsection (f) of this section.
MODIFICATION OF BOUNDARIES
(e) Any proposed 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
(a) 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 the Congress did not approve a concurrent resolution declaring that the Congress is opposed to such recommendation. Any such concurrent 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., sec. 1332– 12—1332-15) for a resolution of either House of Congress.
EFFECT OF PUBLIC NOTICE OF PROPOSED ADDITION TO WILDERNESS SYSTEM
(g) The public notice 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 segregation shall terminate (1) upon rejection of such proposal by the President, (2) upon approval by the Congress of a concurrent 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 Houses 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 authorization by law for such addition or elimination.
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.