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S. 3433 (93rd): Eastern Wilderness Areas Act

The text of the bill below is as of Jan 3, 1975 (Passed Congress).


2096                                    PUBUC LAW 93-622-JAN. 3, 1975                        [88    STAT.

   16 u s e 1278.       (c) I n clause (i) of subsection (b) of section 7 strike the final
                     comma and the following word "and" and insert in lieu thereof a colon
                     and the following proviso: '•'•Provided^ That if any Act designating any
                     river or rivers for potential addition to the national wild and scenic
                     rivers system provides a period for the study or studies Avhich exceeds
                     such three complete fiscal year period the period provided for in such
                     Act shall be substituted for the three complete fiscal year period in
                     the provisions of this clause ( i ) ; and'*.
  16 u s e 1275.
                        (d) I n the fourth sentence of subsection (a) of section 4 :
                             (1) between "rivers" and "with" insert " ( i ) " , and
                             (2) strike "system." and insert in lieu thereof "system, and (ii)
                          which possess the greatest proportion of private lands withiu
                          their areas.".
  16 u s e 1274
note.                  SEC. 2. Subsection (a) of section 6 of the Lower Saint Croix Kiver
                     Act of 1972 (86 Stat. 1174) is amended by deleting "$7,275,000" and
                     inserting in lieu thereof "$19,000,000".
                       Approved January 3, 1975.


                     Public Law 93-622
 January 3, 1975                                         AN ACT
     [S. 3433]
                     To further the purposes of the Wilderness Act by designating certain acquired
                       lands for inclusion in the National Wilderness Preservation System, to provide
                       for study of certain additional lands for such inclusion, and for other purposes.

                      Be it enacted hy the Senate and House of Representatives                     of the
  National Wilder-   United States of America in Congress assemhled^
ness Preservation
System.
  Designation of                        S T A T E M E N T OF F I N D I N G S AND   POLICY
certain acquired
lands.
  16 u s e 1132         SEC. 2. (a) The Congress finds that—
note.                        (1) in the more populous eastern half of the United States
                          there is an urgent need to identify, study, designate, and preserve
                          areas for addition to the National Wilderness Preservation
                          System;
                             (2) in recognition of this urgent need, certain areas in the
                          national forest system in the eastern half of the United States
                          were designated by the Congress as wilderness in the Wilderness
  16 u s e 1131           Act (78 Stat. 890) ; certain areas in the national wildlife refuge
note.
                          system in the eastern half of the United States have been desig-
                          nated by the Congress as wilderness or recommended by the
                          President for such designation, and certain areas in the national
                          park system in the eastern half of the United States have been
                          recommended by the President for designation as wilderness; and
                             (3) additional areas of wilderness in the more populous eastern
                          half of the United States are increasingly threatened by the
                          pressures of a growing and more mobile population, large-scale
                          industrial and economic growth, and development and uses
                          inconsistent with the protection, maintenance, and enhancement
                          of tl.e areas' wilderness character.
                        (b) Therefore, the Congress finds and declares that it is in the
                     national interest that these and similar areas in the eastern half of
                     the United States be promptly designated as wilderness within the
                     National Wilderness Preservation System, in order to preserve such
                     areas as an enduring resource of wilderness which shall be managed
                     to promote and perpetuate the wilderness character of the land and its
                     specific values of solitude, physical and mental challenge, scientific
                     study, inspiration, and primitive recreation for the benefit of all of
                     the American people of present and future generations.

88 STAT. ] PUBLIC LAW 93-622-JAN. 3, 1975 2097 DESIGNATION OF WILDERNESS AREAS 16 u s e 1132 SEC. 3. (a) I n furtherance of the purposes of the Wilderness Act, note. the following lands (hereinafter in this Act referred to as "wilder- ness areas"), as generally depicted on maps appropriately referenced, dated April 1974, are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System— (1) certain lands in the Bankhead National Forest, Alabama, which comprise about twelve thousand acres, are generally depicted on a map entitled "Sipsey Wilderness Area—Proposed", and shall be known as the Sipsey Wilderness: (2) certain lands in the Ouachita National Forest, Arkansas, which comprise about fourteen thousand four hundred and thirty- three acres, are generally depicted on a map entitled "Caney Creek Wilderness Area—Proposed", and shall be known as the Caney Creek Wilderness; (3) certain lands in the Ozark National Forest, Arkansas, which comprise about ten thousand five hundred and ninety acres, are generally depicted on a map entitled "Upper Buffalo Wilder- ness Area—Proposed", and shall be known as the Upper Buffalo Wilderness; (4) certain lands in the Appalachicola National Forest, Florida, which comprise about twenty-two thousand acres, are generally depicted on a map entitled "Bradwell Bay Wilderness Area— Proposed", and shall be known as the Bradwell Bay Wilderness; (5) certain lands in the Daniel Boone National Forest, Ken- tucky, which comprise about five thousand five hundred acres, aie generally depicted on a map entitled "Beaver Creek Wilderness Area—Proposed", and shall be known as the Beaver Creek Wilderness; (6) certain lands in the White Mountain National Forest, New Hampshire, which comprise about twenty thousand three hundred and eighty acres, are generally depicted on a map entitled "Presi- dential Range-Dry River Wilderness Area—Proposed", and shall be known as the Presidential Range-Dry River Wilderness; (7) certain lands in the Nantahala and Cherokee National Forests, North Carolina and Tennessee, which comprise about fifteen thousand acres, are generally depicted on a map entitled "Joyce Kilmer-Slickrock Wilderness Area—Proposed", and shall be known as the Joyce Kilmer-Slickrock Wilderness; (8) certain lands in the Sumter, Nantahala, and Chattahoochee National Forests in South Carolina, North Carolina, and Georgia, which comprise about three thousand six hundred acres, are gen- erally depicted on a map entitled "Ellicott Rock Wilderness Area—Proposed", and shall be known as Ellicott Rock Wilderness; (9) certain lands in the Cherokee National Forest, Tennessee, which comprise about two thousand five hundred and seventy acres, are generally depicted on a map entitled "Gee Creek Wilder- ness Area—Proposed", and shall be known as the Gee Creek Wilderness; (10) certain lands in the Green Mountain National Forest, Vermont, which comprise about six thousand five hundred acres, are generally depicted on a map entitled "Bristol Cliffs Wilder- ness Area—Proposed", and shall be known as the Bristol Cliffs Wilderness; (11) certain lands in the Green Mountain National Forest, Vermont, which comprise about fourteen thousand three hundred acres, are generally depicted on a map entitled "Lye Brook Wilderness Area^—Proposed", and shall be known as the Lye Brook Wilderness;
2098 PUBLIC LAW 93-622-JAN. 3, 1975 [88 STAT. (12) certain lands in the Jefferson National Forest, Virginia, which comprise about eight thousand eight hundred acres, are generally depicted on a map entitled "James River Face Wilder- ness Area—Proposed", and shall be known as the James River Face Wilderness; (13) certain lands in the Monongahela National Forest, West Virginia, which comprise about ten thousand two hundred and fif- teen acres, are generally depicted on a map entitled "Dolly Sods Wilderness Area—Proposed", and shall be known as the Dolly Sods Wilderness; (14) certain lands in the Monongahela National Forest, West Virginia, which comprise about twenty thousand acres, are gen- erally depicted on a map entitled "Otter Creek Wilderness Study Area", and shall be knowm as the Otter Creek Wilderness; ancl (15) certain lands in the Chequamegon National Forest, Wis- consin, which comprise about six thousand six hundred acres, are generally depicted on a map entitled "Rainbow Lake Wilder- ness Area—Proposed", and shall be known as the Rainbow Lake Wilderness. note ^^'^ ^^^^ (b) In furtherance of the purposes of the Wilderness Act, the follow- ing lands (hereinafter referred to as "wilderness areas"), as generally depicted on maps appropriately referenced, dated April 1973, are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: certain lands in the Chat- tahoochee and Cherokee National Forests, Georgia and Tennessee, which comprise about thirty-four thousand five hundred acres, are gen- erally depicted on a map dated April 1973, entitled "Cohutta Wilder- ness Area—Proposed", and shall be known as the Cohutta Wilderness. DESIGNATIOX OF WILDERNESS STUDY AREA SEC. 4. (a) In furtherance of the purposes of the Wilderness Act and an!f ^o^'^ ^^^^ ^^^ accordance with the provisions of subsection 3(d) of that Act, the Secretary of Agriculture (hereinafter referred to as the "Secretary") shall review, as to its suitability or nonsuitability for preservation as wilderness, each area designated by or pursuant to subsection (b) of Report to the ^]^jg gectiou aud report his findings to the President. The President shall advise the United States Senate and House of Representatives of his recommendations with respect to the designation as w^ilderness of each such area on which the i-eview has been completed. (b) Areas to be reviewed pursuant to this section (hereinafter referred to as "wilderness study areas"), as generally depicted on maps app:-opriately referenced, dated April 1974, include— (1) certain lands in the Ouachita National Forest, Arkansas, which comprise approximately five thousand seven hundred acres and are generally depicted on a map entitled "Belle Starr Cave Wilderness Study Area"; (2) certain lands in the Ouachita National Forest, Arkansas, which comprise approximately five thousand fiv^e hundred acres and ai'e generally depicted on a maj) entitled "Dry Creek Wilder- ness Study Area"; (3) certain lands in the Ozark National Forest. Arkansas, which comprise approximately two thousand one hundred acres and are generally depicted on a map entitled "Richland Creek Wilderness Study Area"; (4) certain lands in the Appalachicola National Forest, Florida, w^iich comprise approximately one tliousand one hundred acres and are generally depicted as the "Sopchoppy River Wilderness Study Area" on a map entitled "Bradwell Bay Wilderness Area— Proposed";
88 STAT. ] PUBLIC LAW 93-622-JAN. 3, 1975 2099 (5) certain lands in the Hiawatha National Forest, Michigan, which comprise approximately five thousand four hundred acres and are generally depicted on a map entitled "Rock River Canyon Wilderness Study Area"; (6) certain lands in the Ottawa National Forest, Michigan, which comprise approximately thirteen thousand two hundred acres and are generally depicted on a map entitled "Sturgeon River Wilderness Study Area"; (7) certain lands in the Pisgah National Forest, North Caro- lina, which comprise approximately one thousand one hundred acres and are generally depicted on a map entitled "Craggy Mountain Wilderness Study Area"; (8) certain lands in the Francis Marion National Forest, South Carolina, which comprise approximately one thousand five hun- dred acres and are generally depicted on a map entitled "Wambaw Swamp Wilderness Study Area"; (9) certain lands in the Jefferson National Forest, Virginia, ^ which comprise approximately four thousand acres and are gen- erally depicted on a map entitled "Mill Creek Wilderness Study Area"; (10) certain lands in the Jefferson National Forest, Virginia, which comprise approximately eight thousand four hundred acres and are generally depicted on a map entitled "Mountain Lake Wilderness Study Area"; (11) certain lands in the Jefferson National Forest, Virginia, which comprise approximately five thousand acres and are gen- erally depicted on a map entitled "Peters Mountain Wilderness Study Area"; (12) certain lands in the George Washington National Forest, Virginia, which comprise approximately six thousand seven hun- dred acres and are generally depicted on a map entitled "Ramsey's Draft Wilderness Study Area"; (13) certain lands in the Chequamegon National Forest, Wis- consin, which comprise approximately six thousand three hundred acres and are generally depicted on a map entitled "Flynn Lake Wilderness Study Area"; (14) certain lands in the Chequamegon National Forest, Wis- consin, which comprise approximately four thousand two hundred acres and are generally depicted on a map entitled "Round Lake Wilderness Study Area"; (15) certain lands in the Monongahela National Forest, West Virginia, which comprise approximately thirty-six thousand three hundred acres and are generally depicted on a map entitled "Cran- berry Wilderness Study Area"; (16) certain lands in the Cherokee National Forest, Tennessee, which comprise approximately four thousand five hundred acres and are generally depicted on a map entitled "Big Frog Wilder- ness Study Area"; and (17) certain lands in the Cherokee National Forest, Tennessee, which comprise approximately fourteen thousand acres and are generally depicted as the "Citico Creek Area" on a map entitled "Joyce Kilmer-Slickrock Wilderness Area—^Proposed"; (c) Reviews shall be completed and the President shall make his recommendations to Congress within five years after enactment of this Act. (d) Congress may, upon the recommendation of the Secretary of Agriculture or otherwise, designate as study areas, national forest system lands east of the 100th meridian other than those areas specified in subsection (b) of this section, for review as to suitability or nonsuit- ability for preservation as wilderness. Any such area subsequently
2100 PUBLIC LAW 93-622-JAN. 3, 1975 [88 STAT. designated as a wilderness study area after the enactment of this Act shall have its suitability or nonsuitability for preservation as wilder- ness submitted to Congress within ten years from the date of desig- nation as a wilderness study area. Nothing in this Act shall be construed as limiting the authority of the Secretary of Agriculture to carry out management programs, development, and activities in accordance with the Multiple-Use, Sustained-Yield Act of 1960 (74 Stat. 215, 16 U.S.C. 528-531) within areas not designated for review in accordance with the provisions of this Act. (e) Nothing herein contained shall limit the President in proposing, as part of his recommendations to Congress, the alteration of existing boundaries of any wilderness study area or recommending the addition to any such area of any contiguous area predominantly of wilderness value. Any recommendation of the President to the effect that such area or portion thereof should be designated as "wilderness" shall become effective only if so provided by an Act of Congress. F I L I N G OF M A P S A N D DESCRIPTIONS SEC. 5. As soon as practicable after enactment of this Act, a map of each wilderness study area and a map and a legal description of each wilderness area shall be filed with the Committees on Interior and Insular Affairs and on Agriculture of the United States Senate and House of Representatives, and each such map and description shall have tlie same force and effect as if included in this Act: Pro- vided^ however^ That correction of clerical and typographical ei-rors in each such legal description and map may be made. Each such map and legal description shall be on file and available for public inspec- tion in the Office of the Chief of the Forest Service, Department of Agriculture. M A N A G E M E N T OF AREAS SEC. 6. (a) except as otherwise provided by this Act, the wilderness areas designated by or pursuant to tliis Act shall be managed by the Secretary of Agriculture in accordance with the provisions of the 16 use 1131 Wilderness Act. The wilderness study areas designated by or pursuant note. to this Act shall—be managed by the Secretary of Agriculture so as to maintain their presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System until Congress has determined otherwise, except that such management requirement shall in no case extend beyond the expiration of the third succeeding Congress from the date of submission to the Congress of the President's recommendations concerning the particular study area, (b) Within the sixteen wilderness areas designated by section o of this Act: Acquisition. (J) thc Sccrctary of Agriculture may acquire by purchase with donated or appropriated funds, by gift, exchange, condemnation, or otherwise, such lands, waters, or interests therein as he deter- mines necessary or desirable for the purposes of this Act. All lands acquired under the provisions of this subsection shall become national forest lands and a part of the Wilderness System; (2) in exercising the exchange authority granted by paragraph (1), the Secretary of Agriculture may accept title to non-Federal property for federally owned property of substantially equal value, or, if not of substantially equal value, the value shall be equalized by the payment of money to the grantor or to the Secre- tary as the circumstances require; (3) the authority of the Secretary of Agriculture to condemn any private land or interest therein within any wilderness area designated by or pursuant to this Act shall not be invoked so long as the owner or owners of such land or interest holds and
88 STAT. ] PUBLIC LAW 93-622-JAN. 3, 1975 2101 uses it in the same manner and for tliose purposes for which sncli land or interest was held on the date of the designation of the wilderness area: Provided^ however^ That the Secretary of Agri- culture may acquire such land or interest without consent of the owner or owners whenever he finds such use to be incompatible with the management of such area as wilderness and the owner or owners manifest unwillingness, and subsequently fail, to promptly discontinue such incompatible use; (4) at least sixty days prior to any transfer by exchange, sale, or otherwise (except by bequest) of such lands, or interests therein described in paragraph (3) of this subsection, the owner or owners of such lands or interests therein shall provide notice of such Notice. transfer to the supervisor of the national forest concerned, in accordance with such rules and regulations as the Secretary of Agriculture may promulgate; (5) at least sixty days prior to any change in the use of such lands or interests therein described in paragraph (3) of this sub- section which will result in any significant new construction or disturbance of land surface or flora or will require the use of motor vehicles and other forms of mechanized transport or motor- ized equipment (except as otherwise authorized by law for ingress or egress or for existing agricultural activities begun before the date of the designation other than timber cutting), the owner or owners of such lands or interests therein shall provide notice of such change in use to the supervisor of the national forest within which such lands are located, in accordance with such rules and regulations as the Secretary of Agriculture may promulgate; (6) for the purposes of paragraphs (7) and (8) of this sub- section, the term "property" shall mean a detached, noncommercial "Property." residential dwelling, the construction of which was begun before the date of the designation of the wilderness area (hereinafter referred to as "dwelling"), or an existing agricultural activity begun befoi-e the date of the designation of the wilderness area, other than timber cutting (hereinafter referred to as "agricultural activity"), together with so much of the land on which the dwell- ing or agricultural activity is situated, such land being in the same ownership as the dwelling or agricultural activity, as the Secretary of Agriculture shall determine to be necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use or for the agricultural activity, together with any structures accessory to the dwelling or agricultural activity which are situated on the land so designated; (7) any owner or owners of property on the date of its acquisi- tion by the Secretary of Agriculture may, as a condition of such acquisition, retain for themselves and their successors or assigns a right of use and occupancy of the property for such noncom- mercial residential purpose or agricultural activity for twenty- five years, or, in lieu thereof, for a term ending at the death of the owner or his spouse, whichever is later. The owner shall elect the term to be reserved. The Secretary of Agriculture shall pay to the owner the fair market value of the property on the date of such acquisition less the fair market value on such date of the right retained by the owner: Provided^ That whenever an owner of property elects to retain a right of use and occupancy as provided for in this section, such owner shall be deemed to have waived any benefits or rights accruing under sections 203,204,205, and 206 of the Uniform Relocation Assistance and Real Property Acquisi- tion Policies Act of 1970 (84 Stat. 1894), and for the purposes ^2 use 4623-
2102 PUBLIC LAW 93-623-JAN. 3, 1975 [88 STAT. of those sections such owner shall not be considered a displaced 42 u s e 4601. person as defined in section 101 (6) of that Act; and (8) a right of use and occupancy retained or enjoyed pursuant to paragraph (7) of this subsection may be terminated with respect to the entire property by the Secretary of Agriculture upon his determination that the property or any portion thereof has ceased to be used for such noncommercial residential purpose or agricultural activity and upon tender to the holder of a right an amount equal to the fair market value as of the date of tender of that portion of the right which remains unexpired on the date of termination. TRANSFER OF FEDERAL PROPERTY SEC. 7. The head of any Federal department or agency having juris- diction over any lands or interests in lands within the boundaries of wilderness areas and wilderness study areas designated by or pursuant to this Act is authorized to transfer to the Secretary jurisdiction over such lands for administration in accordance with the provisions of this Act. APPLICABILITY SEC. 8. Unless otherwise provided by any other Act the provisions of this Act shall only apply to National Forest areas east of the 100th meridian. A U T H O R I Z A T I O N OF APPROPRIATIONS 16 u s e 1132 SEC. 9. There are hereby authorized to be appropriated an amount note. not to exceed $5,000,000 for the acquisition by purchase, condemnation, or otherwise of lands, waters, or interests therein located in areas desig- nated as wilderness pursuant to section 3 of this Act and an amount not to exceed $1,700,000 for the purpose of conducting a review of wilder- ness study areas designated by section 4 of this Act. Approved January 3, 1975. Public Law 93-623 January 3, 1975 AN ACT [S. 3481] To amend the Federal Aviation Act of 1958 to deal with discriminatory and unfair competitive practices in international air transportation, and for other purposes. Be it enacted hy the Senate and House of Representatives of the International United States of America in Congress asserribled^ Air Transportation Fair Competitive P r a c t i c e s Act of SHORT T I T L E 1974. 49 u s e 1159a note. SECTION 1. This Act may be cited as the "International Air Trans- portation Fair Competitive Practices Act of 1974". D I S C R I M I N A T O R Y A N D U N F A I R COMPETITIVE PRACTICES 49 u s e l l S 9 b . SEC. 2. (a) United States air carriers operating in foreign air transportation perform services of vital importance to the foreign commerce of the United States including its balance of payments, to the Postal Service, and to the national defense. Such carriers have become subject to a variety of discriminatory and unfair competitive practices in their competition with foreign air carriers. The Depart- ment of State, the Department of the Treasury, the Department of Transportation, the Civil Aeronautics Board, and other departments