Senator CHURCH. So it is your opinion and you would construe the language of the bill to permit him then to come back with a modified proposal within a 15-year period on the same land which the Congress could then again review?

Mr. CRAFTS. I would construe it to permit him if he elected to do so. The CHAIRMAN. I thank the Senator from Idaho for getting that in the history because this may come up. Of course, any Member of the Senate could do the very same thing. He could propose that this should become wilderness area except for this little portion and try to pass a bill which the President probably would sign, but a much better system might be to ask him to withdraw it and resubmit it in accordance with the desires of the Congress.

I only want to come back to one thing now again. That is this 15year period. At the end of the 15 years, if the Secretary of Agriculture has not reclassified these areas and submitted his recommendations you said there was very little that could be done about it and I agree with you. But you said you made some sort of recommendation. What? That he be hung? That is the only thing you can do if he refuses to act. I think the presumption ought to be that he will carry out the provisions of the law. If he doesn't he is subject to impeachment or anything else that may be necessary.

You have to start with the assumption that a Cabinet officer is not a law violator.

Mr. CRAFTS. That is correct, Senator Anderson, and that is why we didn't talk to this particular point in our report.

The CHAIRMAN. Did you have a recommendation on it?

Mr. CRAFTS. If you recommend anything, you have to assume that possibility exists that he will violate the law. The only thing that you could recommend is either that, if he does violate the law, the areas stay in or go out, whichever the committee wants.

The CHAIRMAN. Would you prefer that they go out?

Mr. CRAFTS. We would prefer that they go out because we think that the reviews and recommendations will be made. They certainly should be.

The CHAIRMAN. If he couldn't make up his mind that an area had any wilderness value in 15 years, and there certainly might be borderline cases, then it would be left out. So the Forest Service would not object to the inclusion of a provision that in case the Secretary .of Agriculture fails to act at the end of 15 years, any orphan piece of property that he hasn't acted upon would be dropped from the wilderness system.

Mr. MCARDLE. We would agree with that, Mr. Chairman.

The CHAIRMAN. Thank you very much. Senator Dworshak.

Senator DWORSHAK. Mr. McArdle, you said since 1924 the Department of Agriculture has steadfastly maintained its policy of administering selected areas of national forest land for their wilderness values and that you have always considered this policy consistent with the principle of administering the national forests for multiple use and sustained yield. Do you believe that any changes in this concept of multiple uses will be made if S. 174 is enacted?

Mr. MCARDLE. No, Senator Dworshak, I do not.

Senator DwORSHAK. It will preserve intact the same principles of multiple use which your Department has followed in the past?

Mr. MCARDLE. We believe that, Senator.

Senator DwORSHAK. Even in mining?

Mr. MCARDLE. Mining is included in a broad general way in multiple use, but I would assume that you are talking about the sustained yield and multiple use act which Congress passed last year.

Senator DwORSHAK. Yes, and also your multiple use theory which has been in effect since 1924 under which I am sure mining has been carried on in wilderness areas.

Mr. MCARDLE. That is correct and this bill would limit mining. It would also limit the use of water. It would limit timber cutting. Senator DwORSHAK. How would it limit the use of water?

Mr. MCARDLE. Through the prohibition of construction of reservoirs, to be specific on one point, unless the President declared that it was in the public interest.

Senator DwORSHAK. Then you are not entirely accurate when you say that you feel that the multiple use theory will be continued under

S. 174.

Mr. MCARDLE. Senator, perhaps this is our difficulty here. The concept of multiple use which the Forest Service has held for so long, and also the formal definition of multiple use on the national forest which Congress wrote into the multiple use bill last summer, specifies that not all uses are required to take place simultaneously on the same area, but it does require two or more uses.

This is also covered, as I recall, in the report of the Senate committee which discusses this one point at some length, so on a wilderness area we would have grazing if it is there now. We would have recreation. Those are two uses. We would also have wildlife, which was one of the other five uses named by Congress last year. We would have water to a considerable extent, but not to the fullest possible extent. We would not have timber cutting.

Senator DWORSHAK. You do have discretionary authority now under this recent act, but if S. 174 is passed you will have no discretionary power of any kind? It will be a mandate to discontinue some of the uses within the primitive areas like mining and water uses?

Mr. MCARDLE. There is no discretion on mining now, Senator Dworshak, as far as we are concerned. We have none.

Senator DwORSHAK. You permit all mining activity within wilderness areas now, or primitive areas?

Mr. MCARDLE. Congress permits it. We have nothing to say about it in wilderness areas and outside as long as it is public domain land. Senator DwORSHAK. But that theory would be materially changed by S. 174.

Mr. MCARDLE. It would be changed by this bill if enacted.
Senator DwORSHAK. That is all.

The CHAIRMAN. Senator Kuchel.

Senator KUCHEL. First of all, with respect to the classifications, Mr. McArdle, that you spell out here, and which the bill before us also enumerates: wilderness, primitive, and canoe, and in your statement you have "wild" and then indicate that it essentially would be classified as wilderness. Do I understand correctly that those different classifications are the result of administrative regulation? Mr. MCARDLE. That is correct, Senator Kuchel.

Senator KUCHEL. I think that it would be a good thing for these hearings to have reflected the precise wording of those regulations if we might have that.

Mr. MCARDLE. Would you like to have us submit those for the record, Senator?

Senator KUCHEL. If the chairman does not object.
The CHAIRMAN. Yes, sir.

Mr. MCARDLE. We will do so.

(The documents referred to follow :)

[U.S. Forest Service Manual]

CHAPTER 2320-RECREATION AREAS MANAGED IN NEAR-NATURAL CONDITION Some national forests contain areas predominantly valuable for their natural or wilderness characteristics. The Forest Service will designate, reserve, and manage such areas to preserve the natural environment.

2321. Wilderness and Wild Areas. A wilderness area is a tract of land established under Regulation U-1 in which the primitive environment has been preserved. Uses and developments are limited to those permitted under Regulation U-1. Wilderness and wild areas differ only in size. A national forest wilderness area contains at least 100,000 acres of land and a wild area contains 5,000 to 100,000 acres. The qualities of wilderness and wild areas are expansive solitude and unspoiled natural environment. These large areas in the national forests invite adventure, provide a refuge from civilization, give spiritual comfort, and preserve the flora and fauna for inspiration, enjoyment, and scientific study.

The Secretary of Agriculture's Regulations U-1 and U-2 authorize wilderness and wild area establishment. They also provide for the modification or elimination of wilderness and wild areas and designate permissible uses of these areas. Wilderness Areas—Reg. U−1 (36 CFR 251.20). (a) Upon recommendation of the Chief, Forest Service, national-forest lands in single tracts of not less than 100,000 acres may be designated by the Secretary as "wilderness areas," within which there shall be no roads or other provision for motorized transportation, no commercial timber cutting, and no occupancy under special-use permit for hotels, stores, resorts, summer homes, organization camps, hunting and fishing lodges, or similar uses: Provided, That roads over national-forest lands reserved from the public domain and necessary for ingress and egress to or from privately owned property shall be allowed under appropriate conditions determined by the forest supervisor, and upon allowance of such roads the boundary of the wilderness area may be modified to exclude the portion affected by the roads.

(b) Grazing of domestic livestock, development of water-storage projects which do not involve road construction, and improvements necessary for the protection of the forest may be permitted subject to such restrictions as the Chief deems desirable. Within such designated wildernesses when the use is for other than administrative needs and emergencies, the landing of airplanes and the use of motorboats are prohibited on national-forest land or water, unless such use by airplanes or motorboats has already become well established; and the use of motor vehicles is prohibited unless the use is in accordance with a statutory right of ingress and egress.

(c) Wilderness areas will not be modified or eliminated except by order of the Secretary. Except as provided in paragraph (a) above, notice of every proposed establishment, modification, or elimination will be published or publicly posted by the Forest Service for a period of at least 90 days prior to the approval of the contemplated order; and if there is any demand for a public hearing, the regional forester shall hold such hearing and make full report thereon to the Chief of the Forest Service, who will submit it with his recommendations to the Secretary (20 F.R. 8422-23, November 10, 1955).

Wild Areas-Reg. U-2 (36 CFR 251.21). Suitable areas of national-forest land in single tracts of less than 100,000 acres but not less than 5,000 acres may be designated by the Chief, Forest Service, as "wild areas," which shall be administered in the same manner as wilderness areas, with the same restrictions upon their use. The procedure for establishment, modification, or elimination of wild areas shall be as for wilderness areas, except that final action in each case will be by the Chief.

[U.S. Forest Service Handbook]

CHAPTER 2320-RECREATION AREAS MANAGED IN NEAR-NATURAL CONDITION

Some national forest areas are predominantly valuable for their natural or wilderness characteristics. The Forest Service will designate, reserve, protect, and manage such areas with the primary objective of permanently preserving the natural environment.

2321 Wilderness and Wild Areas. A wilderness area is a tract of at least 100,000 acres of land set aside under Regulation U-1 for the preservation of the primitive environment. Wild areas are established under Regulation U-2 and must contain at least 5,000 acres, but less than 100,000 acres. Wilderness and wild areas differ only as to size. Both have the quality of expansive solitude and unspoiled natural environment and they are managed to provide a retreat from civilization, preserve the flora and fauna, and afford opportunities for inspiration, enjoyment, and scientific study.

The Secretary of Agriculture's Regulations U-1 and U-2 not only authorize the establishment of wilderness and wild areas, but provide for the modification or elimination of such areas and stipulate the uses which will be permitted and prohibited (FSM 2321).

2321.1 Objective. The Forest Service objective is to provide, within the multiple-use concept of management, wilderness and wild areas sufficient in number and size to accommodate present and future needs for recreation of this type.

2321.2 Policy. Studies will be made of areas suitable for wilderness purposes, and those lands found predominantly valuable for wilderness use and needed for that purpose will be so classified and managed.

2321.21 Primitive Areas. All existing primitive areas established under former Regulation L-20 will be managed under Regulation U-1 just as though they were actually established under Regulation U-1 or U-2. All Manual and Handbook instructions on wilderness and wild areas apply equally to primitive areas. Former Regulation L-20 specifies that primitive conditions of environment, habitation, and transportation shall be maintained, but does not specifically exclude aircraft landing. However, the landing of aircraft would violate the intent of the regulation and certainly would not be in accord with required maintenance of primitive conditions of transportation. The Forest Service has authority to prohibit or regulate the landing of aircraft on any lands or nonnavigable water under its jurisdiction. Therefore, the intent of Regulation L-20 and the general authority to regulate occupancy and use of national forest lands provide ample authority to prohibit the landing of aircraft in areas originally classified under Regulation L-20.

Each primitive area and adjacent lands having wilderness value will be restudied to determine whether wilderness values are paramount. Those lands found to be predominantly valuable for wilderness and needed for that purpose will be considered for classification under Regulation U-1 or U-2. The public notice and public hearing provisions of Regulation U-1 will be observed when eliminating or changing primitive areas. It is the objective to complete the restudy and to take appropriate action on one area in each region each year until this job is completed.

2321.22 Plans. A management plan will be prepared for each wilderness and wild area. Such plans will cover at least the points listed in the planning outline and should be expanded as necessary to meet local conditions (FSH 2313).

2321.23 Boundaries. Boundaries of wilderness and wild areas should be located to (1) avoid conflict with existing uses which might result in demands inconsistent with wilderness policy, (2) be readily recognized and enforced on the ground, and (3) follow features which form natural barriers to motor vehicles.

Boundaries should be extended as necessary to include a buffer zone adequate to protect wilderness values. This may involve extending the boundary to protect important wilderness trails, travel routes, and other essential parts of the area from the sights and sounds of civilization.

2321.24 Occupancy and Use. Under the general policy that wilderness and wild areas shall retain inherent primeval qualities to the greatest possible extent, permanent roads are barred except when permitted in connection wth statutory rights of ingress and egress (FSH 2354). Commercial resource utilization except grazing and special-use permits such as resorts, cabins, summer homes, and commercial boat enterprises, are prohibited by Regulation U-1. A reasonable

amortization period should be established for any existing nonconforming use and a date should be set for termination (FSM 2710). Water development investigation, studies, or explorations may not be undertaken without the consent of the Secretary of Agriculture except when otherwise authorized by law (FSH 2341.3). Certain forms of occupancy and use are permitted, limited, or prohibited.

1. Fire Suppression. Forest supervisors are authorized to permit the construction of bulldozer roads and other temporary improvements essential to the suppression of going fires. These will be obliterated or removed when no longer needed in connection with the fire which necessitated their construction. Motorizd equipment including airplanes and motorboats may be used in, on, and over wilderness areas where essential to successful fire control operations.

2. General Administration. Regional foresters may authorize the installation or construction of Forest Service telephone lines, radios, lookout towers, guard stations, and trails with a constructed tread up to 36 inches wide. Regional foresters may also authorize the use of motorized construction and maintenance equipment for trails and landing strips. Such equipment may include duffle carriers but will not include jeeps or standard four-wheel vehicles.

Chief's approval is required for the construction of landing fields, ranger or administrative stations, trails with a constructed tread more than 36 inches wide, or other major improvements.

Motorized equipment will not be used for normal administrative purposes and the use of motorized trail construction or maintenance equipment is discouraged. The landing of airplanes and use of motorboats are authorized only in emergencies or where such use was well established prior to the original classification of the area.

3. Recreation. Forest supervisors may authorize the construction of trails for wilderness travel but sizable areas should be left without trails. When necessary to reduce fire hazards or to correct unsanitary or unsightly conditions at places used regularly for camping, the construction of simple fireplaces, latrines, and garbage pits is authorized. Such developments should be kept to

a minimum needed and should be of rustic design and materials.

Forest supervisors may authorize simple facilities in connection with packstock operations including corrals if located back from main traveled trails. Fences to prevent the concentration of stock on areas needed for camping or to facilitate the control of pack stock may be authorized, but should be of native materials where feasible.

4. Grazing. Grazing may be permitted subject to such restrictions as the Chief deems desirable to protect the inherent recreation values and environment.

Regional foresters may authorize the construction or installation of fences and water developments essential for the proper management of the range, when there is a clear showing of need. These should be kept to a minimum and should be constructed of native materials where feasible. The use of barbed wire in wilderness areas is discouraged.

5. Mineral Exploration and Development. Since mineral development in wilderness and wild areas would be contrary to the purposes for which they were set aside, the Forest Service will not approve or recommend approval of any applications to lease minerals in established wilderness, wild, and primitive areas. There will be no deviation from this policy without the prior approval of the Chief.

If applications in any one area become numerous, a withdrawal from the Mineral Leasing Act of February 25, 1920, may be requested (FSM 2760).

6. Aircraft and Motorboats. Regulations U-1 and U-2 specifically prohibit aircraft landings and the use of motorboats on national-forest land or water in wilderness and wild areas except for administrative purposes, in emergencies, or when such use had already become well established. The public notice given at the time of establishment has been held by the courts to be sufficient warning against airplane landings (FSH 2354).

Executive Order 10092, December 17, 1949, regulates use of aircraft over the Boundary Waters Canoe Area (FSM 1023).

7. Forest Insect and Disease Control. When necessary to protect wilderness and adjoining areas from the spread of insects, forest diseases, and fire, the following measures may be employed at the discretion of the regional forester: a. Aerial spraying operations.

b. Ground control measures which do not require road construction.