< Back to H.R. 3454 (95th Congress, 1977–1978)

Text of the Endangered American Wilderness Act

This bill was enacted after being signed by the President on February 24, 1978. The text of the bill below is as of Feb 24, 1978 (Passed Congress/Enrolled Bill).

92 STAT. 40                     PUBLIC LAW 95-237—FEB. 24, 1978

                 Public Law 95-237
                 95th Congress
                                                 An Act
 Feb. 24, 1978   To designate certain endangered public lands for preservation as wilderness,
  [H.R. 3454]    , ...,,;                  and for other purposes.
                   Be it enacted hy the Senate and House of Representatives of the
Endangered        United States of America in Congress assemhled, That this Act may be
American          cited as the "Endangered American Wilderness Act of 1978".
Wilderness Act of
1978.                              STATEMENT OF FINDINGS AND POLICY
16 u s e 1132
note.                SECTION 1. (a) The Congress finds that—
16 u s e 1132            (1) many areas of undeveloped national forest land possess and
note.                  exhibit outstanding natural characteristics giving them high value
                      as wilderness and will, if properly preserved, contribute as an
                      enduring resource of wilderness for the benefit of the American
                      people;
                         (2) certain of these undeveloped national forest lands meet all
                      statutory criteria for suitability as wilderness as established by
16 u s e 1131.        subsection 2(c) of the Wilderness Act (78 Stat. 890), but are not
                      adequately protected and lack statutory designation pursuant to
                      the Wilderness Act as units of the National Wilderness Preserva-
                      tion System;
                         (3) these and other undeveloped national forest lands exhibit-
                      ing wilderness values are immediately threatened by pressures of
                      a growing and more mobile population, large-scale industrial and
                      economic growth, and development and uses inconsistent with
                      the protection, maintenance, restoration, and enhancement of their
                      wilderness character; and
                         (4) among such immediately threatened areas are lands not
                      being adequately protected or fully studied for wilderness suit-
                      ability by the agency responsible for their administration.
                    (b) Therefore, the Congress finds and declares that it is in the
                 national interest that certain of these endangered areas 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 multiple values for
                 watershed preservation, wildlife habitat protection, scenic and historic
                 preservation, scientific research and educational use, primitive recrea-
                 tion, solitude, physical and mental challenge, and inspiration for the
                 benefit of all of the American people of present and future generations.

                                    DESIGNATION OF WILDERNESS AREAS

16 u s e 1132       SEC. 2. In furtherance of the purposes of the Wilderness Act, the
note.             following lands (hereinafter referred to as "wilderness areas"), as
16 u s e 1131     generally depicted on maps appropriately referenced, dated January
note.
                  1978, are hereby designated as wilderness and, therefore, as compo-
                  nents of the National Wilderness Preservation System—
Pusch Ridge              (a) certain lands in the Coronado National Forest, Arizona,
Wilderness, Ariz.      which comprise about fifty-six thousand four hundred and thirty

PUBLIC LAW 95-237—FEB. 24, 1978 92 STAT. 41 acres, are generally depicted on a map entitled "Pusch Kidge Wilderness Area—Proposed", and shall be known as the Pusch Ridge Wilderness; (b) certain lands in the Inyo and Sequoia National Forests, Golden Trout California, which comprise about three hundred and six thousand Wilderness, acres, are generally depicted on a map entitled "Golden Trout Calif. Wilderness Area—Proposed", and shall be known as the Golden Trout Wilderness; (c) certain lands in and adjacent to the Los Padres National Santa Lucia Forest, California, which comprise about twenty-one thousand Wilderness, two hundred and fifty acres, are generally depicted on a map Calif. entitled "Santa Lucia Wilderness Area—Proposed", and shall be known as the Santa Lucia Wilderness: Provided^ That the tract Notice. identified on said map as "Wilderness Reserve" is designated as Publication in wilderness, subject only to the removal of the existing and tempo- Federal Register. rary nonconforming improvement, at which time the Secretary of Agriculture (hereinafter referred to as the "Secretary") is directed to publish notice thereof in the Federal Register. Pend- ing such notice, and subject only to the maintenance of the existing nonconforming improvement, said tract shall be managed as wilderness in accordance with section 5 of this Act. In order to 16 u s e 1134. guarantee the continued viability of the Santa Lucia watershed and to insure the continued health and safety of the communities serviced by such watershed, the management plan for the Santa Lucia area to be prepared following designation as wilderness shall authorize the Forest Service to take whatever appropriate actions are necessary for fire prevention and watershed protection including, but not limited to, acceptable fire presuppression and fire suppression measures and techniques. Any special provisions contained in the management plan for the Santa Lucia AVilder- ness area shall be incorporated in the planning for the Los Padres National Forest: Provided^ That the Forest Service is authorized to continue fire presuppression, fire suppression measures and tech- niques, and watershed maintenance pending completion of the management plan for the Santa Lucia area; (d) certain lands in the Los Padres National Forest, California, Ventana which comprise about sixty-one thousand acres, are generally Wilderness, depicted on a map entitled "Ventana Wilderness Additions—Pro"- Calif. posed", and which are hereby incorporated in, and shall be deemed to be a part of, the Ventana Wilderness as designated by Public Law 91-58. In order to guarantee the continued viability of the 16 use 1132 Ventana watershed and to insure the continued health and safety note. of the communities serviced by such watershed, the management plan for the Ventana area to be prepared following designation as wilderness shall authorize the Forest Service to take whatever appropriate actions are necessary for fire prevention and water- shed protection including, but not limited to, acceptable fire presuppression and fire suppression measures and techniques. Any special provisions contained in the management plan for the Ventana Wilderness area shall be incorporated in the planning for the Los Padres National Forest; (e) certain lands in the White River National Forest, Colorado, Hunter- which comprise approximately seventy-four thousand four hun- Fryingpan Wilderness, Colo. dred and fifty acres, are generally depicted as area "A" on a map entitled "Hunter-Fryingpan Wilderness Area—Proposed", and shall be known as the Hunter-Fryingpan Wilderness. The area Spruce Creek commonly known as the "Spruce Creek Addition", depicted as Addition. area " B " on said map and comprising approximately eight thou-
92 STAT. 42 PUBLIC LAW 95-237—FEB. 24, 1978 sand acres, shall, in accordance with the provisions of subsection 16 u s e 1132. 3(d) of the Wilderness Act, be reviewed by the Secretary as to its Review. suitability or nonsuitability for preservation as wilderness. The Report to Secretary shall complete his review and report his findings to the President. President and the President shall submit to the United States Recommendation, Senate and the House of Representatives his recommendation with submittal to Congress. respect to the designation of the Spruce Creek area as wilderness not later than two years from the date of enactment of this Act. Subject to valid existing rights, the wilderness study area desig- nated by this subsection shall, until Congress determines otherwise, be administered by the Secretary so as to maintain presently existing wilderness character and potential for inclusion m the National Wilderness Preservation System. No right, or claim of right, to the diversion and use of the waters of Hunter Creek, the Fryingpan or Roaring Fork Rivers, or any tributaries of said creeks or rivers, by the Fryingpan-Arkansas Project, Pub- 43 u s e 616. lic Law 87-690, Eighty-seventh Congress, and the reauthorization 43 u s e 600f. thereof by Public Law 93-493, Ninety-third Congress, under the laws of the State of Colorado, shall be prejudiced, expanded, diminished, altered, or affected by this Act. Nothing in this Act shall be construed to expand, abate, impair, impede, or interfere with the construction, maintenance, or repair of said Fryingpan- Arkansas Project facilities, nor the operation thereof, pursuant to the Operating Principles, House Document Numbered 130, Eighty-seventh Congress, and pursuant to the water laws of the State of Colorado; Manzano (f) certain lands in the Cibola National Forest, New Mexico, Mountain which comprise about thirty-seven thousand acreSj are generally Wilderness, depicted on a map entitled "Manzano Mountain Wilderness N. Mex. Area—Proposed", and shall be known as the Manzano Mountain Wilderness; Sandia Mountain (g) certain lands in Cibola National Forest, New Mexico, Wilderness, which comprise about thirty thousand nine hundred and thirty N. Mex. acres, are generally depicted on a map entitled "Sandia Moun- tain Wilderness Area (North and South Units)—Proposed", and shall be known as the Sandia Mountain Wilderness; ehama River (h) certain lands in the Santa Fe and Carson National Forests, eanyon New Mexico, which comprise approximately fifty thousand three Wilderness, hundred acres, are generally depicted on a map entitled "Chama N. Mex. iRiver Canyon Wilderness Area—Proposed", and shall be known as the Chama River Canyon Wilderness; Lone Peak (i) certain lands in Wasatch and Unita National Forests, Utah, Wilderness, which comprise about twenty-nine thousand five hundred and Utah. sixty-seven acres, are generally depicted on a map entitled "Lone Peak Wilderness Area—Proposed", and shall be known as the Lone Peak Wilderness: Provided^ That the Forest Service is directed to utilize whatever sanitary facilities are necessary (including but not limited to vault toilets, which may require service by helicopter) to insure the continued health and safety of the communities serviced by the Lone Peak watershed; further- more, nothing in this Act shall be construed to limit motorized access and road maintenance by local municipalities for those minimum maintenance activities necessary to guarantee the con- tinued viability of whatsoever watershed facilities currently exist, or which may be necessary in the future to prevent the degrada- tion of the water supply in the Lone Peak area; Savage Run (j) certain lands in the Medicine Bow National Forest, Wyo- Wilderness, Wyo. ming, which comprise about fourteen thousand nine hundred and
PUBLIC LAW 95-237—FEB. 24, 1978 92 STAT. 43 forty acres, are generally depicted on a map entitled "Savage Eun Wilderness Area—Proposed", and shall be known as the Savage Run Wilderness; and (k) certain lands in Lolo National Forest, Montana, which Welcome Creek comprise approximately twenty-eight thousand four hundred and Wilderness, forty acres are generally depicted on a map entitled "Welcome Mont. Creek Wilderness Area—Proposed", and shall be known as the Welcome Creek "VMlderness. OREGON OMNIBUS WILDERNESS ACT OF 1 9 7 8 SEC. 3. In furtherance of the purposes of the Wilderness Act, the 16 use 1132 following lands (hereinafter referred to as "wilderness areas") as note. generally depicted on maps appropriately referenced, dated January 16 use 1131 1978, are hereby designated as wilderness and, therefore, as components note. of the National Wilderness Preservation System— (a) certain lands in the Siskiyou National Forest, Oregon, Kalmiopsis which comprise about ninety-two thousand acres, are generally Wilderness, depicted on a map entitled "Kalmiopsis Wilderness Additions— Oreg. Proposed", and which are hereby incorporated in and shall be deemed to be a part of the Kalmiopsis Wilderness as designated by Public Law 88-577; 16 use 1131 (b) certain lands in the Siskiyou National Forest, Oregon, note. which comprise about thirty-six thousand seven hundred acres, Wild Rogue are generally depicted on a map entitled "Wild Rogue Wilder- Wilderness, ness—Proposed", and shall be known as the Wild Rogue Oreg. Wilderness: Provided, That the portion of the segment of the Rogue River designated as a component of the National Wild and Scenic Rivers System by section 3(a) (5) of the Wild and Scenic River Act (82 Stat. 906, as amended) which lies within the Wild 16 u s e 1274. ^ogue Wilderness shall be managed as a wild river notwith- standing section 10(b) of that Act or any provisions of the 16 u s e 1281. Wilderness Act to the contrary; (c) certain lands in the Umatilla National Forest, Oregon and Wenaha- Washington, which comprise about one hundred and eighty thou- Tucannon sand acres, are generally depicted on a map entitled "Wenaha- Wilderness, Oreg. Tucannon Wilderness—Proposed", and shall be known as the Wenaha-Tucannon Wilderness; (d) certain lands in the Mount Hood National Forest, Oregon, Mount Hood which comprise about thirty-three thousand acres, are generally Wilderness, depicted on a map entitled "Mount Hood (Zig Zag) Proposed Oreg. Wilderness Additions", and which are hereby incorporated in, and shall be deemed to be a part of the Mount Hood Wilderness as designated by Public Law 88-577; and (e) certain lands in the Willamette National Forest, Oregon, Three Sisters which comprise about forty-five thousand four hundred acres, are Wilderness, generally depicted on a map entitled "French Pete Creek and Oreg. Other Proposed Additions, Three Sisters Wilderness", and which are hereby incorporated in, and shall be deemed to be a part of, the Three Sisters Wilderness as designated by Public Law 88-577. 16 use 1131 note. GOSPEL-HUMP AREA SEC. 4. (a) (1) In furtherance of the purposes of the Wilderness Act, 16 use 1132 certain lands in the Nezperce National Forest, Idaho, which comprise note. about two hundred and six thousand acres, as generally depicted under the category "Wilderness" on a map entitled "Gospel-Hump Planning Unit" and dated January 1978, are hereby designated as wilderness 39-194 O—80—pt. 1 7 : QL3
92 STAT. 44 PUBLIC LAW 95-237—FEB. 24, 1978 and therefore, as components of the National Wilderness Preservation System. (2) Certain other contiguous roadless lands which comprise about ninety-two thousand acres, as generally depicted on said map as "Man- agement Areas" shall be managed in accordance with the multipurpose resource development plan required by this section. (3) Certain other contiguous roadless lands which comprise about forty-five thousand acres, as generally depicted on said map as "Devel- opment Areas" shall be immediately available for resource utiliza- tion under the existing applicable Forest Service land management plans. Advisory (b) (1) Within ninety days after enactment of this Act, the Secre- Committee. tary shall appoint a seven-member Advisory Committee (hereinafter Establishment. referred to as the "Committee") on the management of the Gospel- Hump Area who shall advise the Secretary as to the progress of the fish and game research program, and the multipurpose resource devel- opment plan required by this section, and who shall evaluate the results of the research program and development plan on an ongoing basis. Members. (2) The Committee shall be comprised of two members of the timber industry who purchase timber from the Nezperce National Forest, two members from organizations who are actively engaged in seeking the IK' ' J preservation of wilderness lands, and three members from the general public who otherwise have a significant interest in the resources and management of the Gospel-Hump Area. Travel expenses. (3) Committee members shall serve without pay except that while away from their homes or regular places of business in performance of services for the Committee, members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Govern- ment service are allowed under section 5703(b) of title 5 of the United States Code. (4) The Secretary shall provide that the Committee shall meet as soon as practicable after all the members are appointed, but in no case later than one hundred and fifty days after the enactment of this Act. Subsequently, the Committee shall meet every one hundred and eighty days, or as often as the Secretary deems necessary. Termination. (5) The Committee shall terminate one hundred and fifty days after transmittal of the completed multipurpose resource development plan required under this section. Fish and game (c) (1) The Secretary shall cooperate with agencies and institutions research of the State of Idaho, and with the Secretary of the Interior, in con- program. ducting a comprehensive fish and game research program within the Gospel-Hump Area and surrounding Federal lands in north-central Idaho. The Secretary shall assure that this research program includes detailed investigations concerning resident and anadromous fisheries resources (including water quality relationships) and the status, dis- tribution, movements, and management of game populations, in order to provide findings and recommendations concerning integration of land management and development with the protection and enhance- ment of these fish and game resources. Grants. (2) To carry out the comprehensive fish and game research program, the Secretary is authorized to make grants of funds to agencies and institutions of the State of Idaho and to provide the assistance of per- sonnel from agencies under his jurisdiction. (3) The Secretary shall assure that the comprehensive fish and ^ame research program is scheduled and progressing on a timely basis so that findings and recommendations are fully integrated in preparation of the multipurpose resource development plan required by this section.
PUBLIC LAW 9 5 - 2 3 7 — F E B . 24, 1978 92 STAT. 45 (d) (1) W i t h i n four years after enactment of this Act, the Secretary Multipurpose shall implement a multipurpose resource development plan for devel- resource opment of the Federal lands identified on the m a p referenced in this development section as "Management Areas". plan. (2) T h e multipurpose resource development plan shall comply with the provisions of the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; 16 U.S.C. 528) and the Forest and Rangeland Eenewable Resources P l a n n i n g Act of 1974 (88 Stat. 476; 16 U.S.C. 1601) as amended, and shall conform in all respects to the provisions of the National Forest Management Act of 1976 (90 Stat. 2949; 16 U.S.C. 1600), including the regulations, guidelines, and standards promul- gated pursuant to those Acts. I n p r e p a r i n g the multipurpose resource development plan, the Secretary shall take particular care to gather and integrate detailed field data on soil types and soil hazards, and to consider timber volumes, timber site classes, and productivity. The cur- rent findings and recommendations of the comprehensive fish and game research p r o g r a m and other available information shall be integrated into the preparation of the multipurpose resource development plan. The multipurpose resource development plan may be periodically revised to accommodate new information as it becomes available. (3) I n p r e p a r i n g the multipurpose resource development plan, the Secretary shall assure adequate public involvement, and he shall make full use of t h e recommendations of the Committee established by this section. (4) One year after the date of enactment of this Act and every year thereafter, the Secretary shall review the multipurpose resource devel- opment plan being prepared in accordance with this section to deter- mine which lands, if any, might be scheduled for development prior to the completion of the final multipurpose resource development plan. (5) T h e Secretary shall publish a notice of t h e completion of t h e Completion multipurpose resource development plan or a portion thereof in the notice. Federal Register and shall transmit it to the President and to the Publication in Federal Register. Senate and House of Representatives. T h e completed multipurpose Transmittal to resource development plan or relevant portions thereof shall be imple- President and mented by the Secretary no earlier t h a n ninety days and no later Congress. t h a n one h u n d r e d and fifty calendar days from the date of such transmittal. (e) T h e Secretary shall prepare a wilderness management plan for Wilderness the Gospel-Hump Wilderness designated pursuant to this section, tak- management ing into account the findings of the comprehensive fish and game plan. research program. (f) W i t h i n t h i r t y days suiter t h e date of enactment of this Act, the Secretary shall include the timber resources on the lands identified on the m a p referenced in this section as "Development A r e a s " a n d "Management A r e a s " within the annual allowable timber harvest level for t h e Nezperce National Forest. (g) Nothing in this Act shall prevent within the Gospel-Hump Wilderness A r e a any activity, including prospecting, for the purpose of gathering information about mineral or other resources, if such activity is carried on in a manner compatible with the preservation of the Avilderness environment. F u r t h e r m o r e , in accordance with such Mineral value p r o g r a m as the Secretary of the Interior shall develop and conduct survey, in consultation with the Secretary, the Gospel-Hump Wilderness Area availability to shall be surveyed on a planned recurring basis consistent with the con- public. Submittal to cept of wilderness preservation by the Geological Survey and t h e President and Bureau of Mines to determine the mineral values, if any, t h a t may be Congress. present, and the results of such surveys shall be made available to t h e public and submitted to the President and t h e Congress.
92 STAT. 46 PUBLIC LAW 95-237—FEB. 24, 1978 Appropriation (h) There are hereby authorized to be appropriated after October 1, authorization. 1978, such funds as may be necessary to carry out the comprehensive fish and game research program and the multipurpose resource devel- opment plan authorized under this section. Appropriations requests by the President to implement the multipurpose resource develop- ment plan shall express in qualitative and quantitative terms the most rapid and judicious manner and methods to achieve the purposes of this Act. Amounts appropriated to carry out this Act shall be expended in accordance with the Budget Eeform and Impoundment Control Act 31 use 1301 of 1974 (88 Stat. 297). note. ADMINISTRATION OF WILDERNESS AREAS SEO. 5. Subject to valid existing rights, each wilderness area desig- nated by this Act shall be administered by the Secretary in accordance 16 use 1131 with the provisions of the Wilderness Act: Provided, That any refer- note. Effective date. ence in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act: Provided further, That with respect to the Gospel-Hump Wilderness Area designated by section 4(a)(1) of this Act, all references under 16 use 1133. section 4(d) (3) of the Wilderness Act of 1964 to December 31, 1983, shall be deemed to be December 31, 1988, and any reference to Janu- ary 1,1984, shall be deemed to be January 1,1989: Provided, however, That all activities resulting from the exercise of valid existing mineral rights on patented or unpatented mining claims within the Gospel- Hump Wilderness Area shall be subject to regulations prescribed by the Secretary as he deems necessary or desirable for the preservation and management of this area. F I L I N G OF MAPS AND DESCRIPTIONS SEC. 6. As soon as practicable after enactment of this Act, a map and a legal description of each wilderness area shall be filed with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Interior and Insular Affairs of the House of Representatives, and each such map and description shall have the same force and effect as if included in this Act: Provided, That correc- tion of clerical and typographical errors in each such legal descrip- tion and map may be made. Each such map and legal description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. ;-• Approved February 24, 1978. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-540 (eomm. on Interior and Insular Affairs) and No. 95-861 (Coram, of eonference). SENATE REPORTS: No. 95-490 (Coram, on Energy and Natural Resources), and No. 95-626 (Coram, of Conference). CONGRESSIONAL RECORD: Vol. 123 (1977): Sept. 12, considered and passed House. Oct. 20, considered and passed Senate, amended. Vol. 124 (1978): Feb. 8, Senate agreed to conference report. Feb. 9, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 14, No. 8 (1978): Feb. 24, Presidential statement.