88TU CONGRESS
K.1114
JANUARY 9,1963
V>
+ + + A
IN THE HOUSE OF REPRESENTATIVES
Mr. REUSS introduced the following bill; which was referred to the Committee on Interior and Insular Affairs
A BILL
To establish a National Wilderness Preservation System for the permanent good of the whole people, and for other purposes. 1 Be it enacted by the Senate and House of Reprewnla-
2 lives of the United States of America in Congress assembled, 3 4 SHORT TITLE SECTION 1. This Act may he eited as the "Wilderness
5 Act".
6
7
"""
WILDERNESS SYSTEM ESTABLISHED
faTATEMENT OK POLICY
8
SEC. 2. (a) The Congress recognizes that an increasing
& population, accompanied hv expanding settlement and «;ro\v1^ iriff rnechani/jition, is destined to oc<-npy and modify rll areas
I
2
1 within the United States and its possessions except those that
2 are designated for preservation and protection in their nat3 ural condition. It is accordingly declared to be the policy 4 of the Congress of the United States to secure for the Ameri-
5 can people of present and future generations the benefits 6 of an enduring resource of wilderness. ? 8 9 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
10 use and enjoyment of the American people in such manner 11 as will leave them unimpaired for future use and enjoyment 12 as wilderness, and so as to provide for the protection of 13 these areas, the preservation of their wilderness character, 1* and for the gathering and dissemination of information re1** garding their use and enjoyment as wilderness.
l fi DEFINITION* OF WILDKKNK&S
'
(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
n(\
of life an- imtrammclcd by man, win-re man himself is a visitor who docs not remain. An area of wilderness is
t\f\
further defined to mean in this Act an ami of undeveloped
ty*y
Federal land retaining its primeval character and influence,
O4
without permanent improvements or human habitation, *"> which H protected and managed so as t'» preserve its natural
511
3
1 conditions and which (1) generally appears to have been 2 affected primarily by the forces of nature, with the imprint 3 of man's works substantially unnoticeahle; (2) has out4 standing opportunities for solitude or a primitive and uncon5 fined type of recreation: (3) is of sufficient size as to make 6 practicable its preservation and use in an unimpaired con7 dition; and (4) may also contain ecological, geological, or 8 other features of scientific, educational, scenic, or historical 9 value. For the purposes of this Act wilderness shall include
10 the areas provided for in section 3 of this Act and such 11 other areas as shall he designated for inclusion in the Na12 tional Wilderness Preservation System in accordance with 13 the provisions of this Act. 14 NATIONAL WILDERNESS PRESERVATION SYSTEM
15
16
EXTENT OP SYSTEM
SEC. 3. (a) The National Wilderness Preservation Sys-
17 tern (hereafter referred to in this Act as the Wilderness 18 System) shall comprise (subject to existing private rights) 19 such federally owned areas as are established as part of such 20 system under the provisions of this Act.
21 NATIONAL FOREST AREAS
22
(b) (1) The Wilderness System shall include all areas
2> within th*' national forests classified on the effective date of 24 this Act by the Secretary of Agriculture or the Chief of the
« o 5 .*. '•*
4
1 2 Forest Service as wilderness, wild, primitive, or canoe: Provided, That the areas classified as primitive shall be stib-
3 ject to review as hereinafter provided. Following enactment 4 of this Act, the Secretary of Agriculture shall, within ten 5 years, review, in accordance with paragraph C, section 6 251.20 of the Code of Federal Regulations, title 36, effective
7 January 1, 1959, the suitability of each primitive area in the 8 national forests for preservation as wilderness and shall re-
9 port his findings to the President. Before the convening of 19 Congress each year, the President shall advise the United 11 States Senate and House of Representatives of his recom12 niendations with respect to the continued inclusion within 13 the Wilderness System, or exclusion therefrom, of each area " on which review has been completed in the preceding year,
***• together with maps and definition of boundaries: Provided, I® That the President may, as a part of his recommendations, 1* alter the boundaries existing on the date of tin's Act for any *° primitive area to be continued in the Wilderness System, *** recommending the exclusion and return to national forest *® land status of any portions not predominantly of wilderness 21 value, or recommending the addition of any contiguous area *% of national forest lands predominantly of wilderness value. ** The recommendation of the President with respect to the ^ continued inclusion in the Wilderness System, or the ex-
513
5
1 elusion therefrom of a primitive area, or portions thereof,
2
3
shall become effective subject to the provisions of subsection
(f} of this section.
4 5 $ 7 8
(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
9 Law 86-517 (74 Stat. 215).
10
11
NATIONAL PAKK SYSTEM AREAS
(c) (1) The Wilderness System shall include each por-
12 tion of each park, monument, or other unit in the national 13 park system which on the effective date of this Act embraces 14 a continuous area of five thousand acres or more without 15 roads: Provided, That within ten years after the effective 16 date of this Act the Secretary of the Interior shall review
17 the mills of the national park system and shall report his J8 recommendations with respect to the continued inclusion of
19 each such portion in the Wilderness System to the President.
20 Before the convening of Congress? each year, the President 21 shall advise the United States Senate and the House of Rep22 rott'ntativei; of his recommendations with respect to eacli *ndi
23 portion for which review has been completed in the prewd-•* iujr year, together with maps and definitions of boundaries.
514
6
1
The recommendation of the President with respect to each
2 such portion shall become effective subject to the provisions 3 of subsection (f) of this section. 4 (2) The Secretary of the Interior shall include, as part
5 of his recommendations to the President under the provisions 6 of this subsection, a description of the parts of each park, 7 monument, or other unit submitted which should be reserved 8 for roads, accommodations for visitors, and/or administrative
9 installations. Such parts shall be determined in accordance 10 with the procedure for rulemaking under section 4 of the 11 Administrative Procedure Act (5 U.S.C. 1003), except that 12 the public notice required under such section shall be at least 13 ninety days prior to the determination proceedings. No 14 designation of an area for roads, accommodations for visitors, 15 or administrative installations shall modify or affect the 16 application to that area of tho provisions of the Act approved 17 August 25, 1916, entitled "An Act to establish a National 18 Park Service, and for other purposes" (39 Stat. 535; 16 39 IT.S.C. 1 and following). The accommodations and installa-
20 turns in such designated areas shall be incident to the con21 servatiori and UKC and enjoyment of the scenery and the 22 natural arid historical objects arid flora and fauna of the park 23 or monument in its natural condition. Further, neither the 24 inclusion of any area of any park, monument, or other unit 25 of the national park system within the Wilderness System,
515
7
1 nor its designation for any other purpose, pursuant to this
2 Act, nor any failure or refusal to do so, shall in any manner 3 lower the standards evolved for the use and preservation 4 of such area in its natural condition in accordance with such 5 Act of August 25. 1916, the statutory authority under which
6
the area was created, or any other Act of Congress which
7 might pertain to or affect such area, including, but not 8 limited to, the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C.
9 10 11
12
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 KEFUGES AND GAME RANGES
13
(d) The Wilderness System shall include each portion
14 of the wildlife refuges and game ranges established prior to 15 the effective date of this Act under the jurisdiction of the 1^ Secretary of the Interior which embraces an island or con37 tinuotts area of five thousand acres or more without roads: 18 J'mi'ided, That, within ten years after the effective date of 19 (his Act the Secretary of the Interior shall review each iior20 tion and shall report his recommendations with respect to 21 the continued inclusion of each such portion in the YA'ilder22
}1(^< System
to the 1'resident. Uefore the convening of Con-
£3 jrr(.ss .\TIO>fc
23
(f) Any recwniiicn.'lation <»f rho President nindo in nc-
24 cordance with the provisions of this section sba'jj l;ik<' <-fTed 20 upon the dw following the adjournment sine die-"of th<- fii'st
5:7
9
1
complete session of the Congress following the (late or dates
2 on which such recommendation was received hy the United 3 States Senate and the House of Representatives; hut only if 4 prior to such adjournment neither the Senate nor the House 5 of Representatives shall have approved a resolution declaring 5 itself opposed to such recommendation: Provided, That in 7 the case of a recommendation covering two or more separate 8 areas, such resolution of opposition may he limited to one or 9 more of the areas covered, in which event the balance of the "^ recommendation shall take effect as before provided: Pro-
11 v'ulfd further, That where ;i resolution of opposition to any 12 such recommendation has been introduced, a hearing thereon 13 shaft be held within thirty days by the committee (o which 14 such resolution has been referred: Provided further, That 35 any such resolution shall be subject to the procedures pro16 vided under the provisions of sections 203 through 206 of 37 the Reorganization A of of 1949 (5 F.R.C.. sees. i:-tfz-1218 183z-15) for a resolution of either House of Congress:
19 Provided further. That if Congress rejects a recommendation 20 of the President with regard to the inclusion or exclusion of an 21 area or portions (hereof the bud shall continue in status quo ^ iinfiJ H subsequent recorm,icf Motion of the President with
2 ; * regard fo that area shall have ber-ome elTecfive " by law.
H.R. 1114
2
513
10
1 2 EFFECT OF PUBLIC NOTICE OF PKOPOSED ADDITION TO WJLDEKNESS SYSTEM
3
(g) Public notice when given by either the Secretary
4 of the Interior or the Secretary of Agriculture that any area 5 is to be. proposed tinder the provisions of this Act for in6 corporation as part of the Wilderness System shall segregate 7 such area front any or all appropriation under the public 8 land kws to the extent deeuiedl necessary by such Secretary. S Such segregation shall terminate (1) upon rejection of such 10 projwsalby the President, (2) upon approval by the Senate 11. or the House of Bepresentafives of :i resolution opposing 12 the incorporation of such area in the Wilderness System, or 13 (;-Jj five years after the date of such notice if the proposal
14 to incorporate such area, as part of the Wilderness Sj^stem lf> has not been submitted to both House* of Congress prior to
Iti the expiration of such five years.
17
13
ADDITION OK ELIMINATION NOT J'KOVIDKD FOB IN THIS
ACT
19
(b) Tlie addition of arty are«i es stated in the establishment 24 of. or pertaining to, any park, monument, or other unit of
13
1 the national park system, or any national forest, wildlife
2 refuge, game range, or other area involved, except that any 3 agency administering any area within the Wilderness System 4 shall be responsible for preserving the wilderness character 5 of the area and shall so administer such area for such other 6 purposes as also to preserve its wilderness character. Except 7 as otherwise provided in this Act, the Wilderness System 8 shall be devoted to the public purposes of recreational, scenic, 9 scientific, educational, conservation, and historical use. Sub-
10 ject to the provisions of this Act, all such use: shall be in 11 harmony, both in kind and degree, with the wilderness en12 vironment and with its preservation.
13 PROHIBITION' OF TERTAIX TSES
14
(b) Except as specifically provided for in this Act and
15 subject to any existing private rights, there shall be no 16 commercial enterprise within the Wilderness System, no 17 permanent road, nor shall there be any use of motor vehicles, 18 motorized equipment, or rnotorboats, or landing of aircraft 19 nor any other mechanical transport <»r delivery of persons 20 or supplies, nor any temporary road, nor any >trurturc or 21 installation, in excess of the minimum required for the admin22 istration of the area for the purpose*, of this Act. including 2-'* such measures a> may be required in emcrycwic* in\'olvmecting (including but not limited to exploration for oil 16 and gas), mining (including but not limited to the produc17 (inn of oil <:nd gas), and the establishment and maintenance 18 <»f reservoirs, water-conservation works, transmission lines, 19 and other facilities needed in the public interest, including 20 the road construction and maintenance essential to dcvelop21 ment and use thereof, upon his determination that such use 22 or uses in the specific area will better serve the interests of 23 the I'nitcd States and the people thereof than will its denial; 24 and (I?) the gnixing of livestock, when- well established 25 prior to tlie effective date of this Act with respect to areas
523
15
1 established as part of the Wilderness System by this Act, or
2 prior to the date of public notice thereof with respect to any 3 area to be recommended for incorporation in the Wilderness 4 System, shall be permitted to continue subject to such restrie5 tions and regulations as are deemed necessary by the Secrc6 tary having jurisdiction over such area. 7 (3) Other provisions of this Act to the contrary not-
8 withstanding, the management of the Boundary Waters
9
Canoe Area, formerly designated as the Superior, Little In-
1(J dian Sioux, and Caribou roadless areas in the Superior Na11 tional Forest, Minnesota, shall he in accordance with 12 regulations established by the Secretary of Agriculture in 13 accordance with the general purpose of maintaining, without 14 unnecessary restrictions on other uses, including tliat of 15 timber, the primitive character of the area, particularly in 1C the vicinity of lakes, streams, and portages: Provided, That 17 nothing in this Act shall preclude the continuance within 18 the area of any already established use of rnotorboats. 19 Nothing in this Act shall modify the restrictions and pro20 visions of the Shipstead-Xolan Act, Public Law 21 Seventy-first Congress, July 10, 1930 539,
(46 Stat. 1020),
22 the Thyo-Blatnik Act, Public Law 7:}:{, Eightieth Congress, 2:'. 21 June 22, 1948 (f!2 Stat. 568), uml the Humphrey-ThyeKlatiiik-Anilnsen A f t . Public LJIVV (M)7, Eighty-fourth Con-
2"> gress. June 2'>, \H'ri't (7o Stut. :'>2 public, records of portions of the Wilderness* System under 7 his jurisdiction including maps and legal descriptions, copies* 8 of regulations governing them, copies of public notices of, ^ and reports submitted to Congress regarding pending addiW tions. eliminations, or modifications. Within a year follow11 ing the establishment of any area within the national forests 12 ;js a part of the Wilderness System, the Secretary of Agtv 13 cuhmv shall file •<» map and legal description of such area ^ 1'' 1 with the Interior and Insular Affairs Committees of the I'liiu-d States Senate and the I!oii>c of Representatives, and such descriptions shall have the same force and effect as if
1* included in this A c t : I'ronilril. Imn-cnr. That correction of 1® clerical I and typographical errors in such legal descriptions *9 and map may be made with the approval of such commit^ tecs. Within a year following the establishm<'iit of any area
**• in the national park system or in a wildlife refuse or range 22 ^'' ^ " ;>
;JS
,-i psirt «»f rhe \\ r ildcrness Sy>fcm. the Sc<-refar\ of the
interior shall file a map and legal description of such area with the Interior and Insular AITairs Committees o|' (ho TniU^d States Senati' and the House of {icprcsent.'ttivcs,
*\t» 5 ~b
18
1 Clerical and typographical errors in such legal descriptions
2 and maps may he corrected with the approval of such com3 mittees. Copies of maps and legal descriptions of all areas 4 of the Wilderness System within their respective jurisdictions shall be kept available for public inspection in the 6 offices of regional foresters, national forest supervisors, and 7 forest rangers, and in offices of the units of the national park 8 system and wildlife refuges or ranges. 9 (b) At the opening of each session of Congress, the
10 Secretaries of Agriculture JUid Interior shall jointly report 11 to the President for transmission to Congress on the status of 12 the Wilderness System, including a list and descriptions of 13 the areas in the system, regulations in effect, and other perti14 nent information, together with any recommendations they 15 may care to make.
lfi
17
CONTRIBUTIONS ANI> GIFTS
SEC. 8. The Secretary of the Interior and the Secretary
18 of Agriculture are each authorized t<> accept private contribu19 tions and gifts to l>e used to further the purposes of this Act. 20 Any wich contributions or gifts shall, for purposes of Federal 21 income, estate, and gift taxes, In* considered a contribution 22 <»r gift to or for the uw of th? United States for an exclusively 23 public purpose, and may bet deducted as such under the pro24 visions of the Internal Revenue Code of 1954. subject 10 all 25 applicable limitations and r^t fictions contained therein.
** i
ONQRESS IST SKWION
H. R. 1114
A BILL
To establish a National Wilderness Preservation System for the permanent good of the whole people, and for other purposes. By Mr. Rtusa
JARUABT 0,1963 Beferred to the Committee on Interior and Inaular Affairs
CO