BACKGROUND AND NEED

The Wilderness Act of September 3, 1964, (78 Stat. 890), designated 54 wilderness units containing about 9.3 million acres, all in the National Forest System, as the nucleus of the National Wilderness Preservation System. Section 3(b) of that Act directed the Secretary of Agriculture to review, within ten years, certain areas within the National Forest System to determine suitability or nonsuitability for preservation as wilderness. The Secretary of the Interior was also directed by Sec. 3(c) to review certain areas in the National Park and National Wildlife Refuge Systems for the same purpose. The two Departments were required to submit their recommendations to the President who, after appropriate review, was directed to submit his recommendations as to wilderness suitability or nonsuitability of each such area to the Congress. A recommendation of the President for designation as wilderness becomes effective only if provided by Act of Congress.

The Wilderness Act was the first land conservation measure requiring public input into Federal land management decision making. In addition to the administrative review process outlined above, Sec. 3(d) required public notice, public hearings, and review by state and local agencies and governmental institutions, prior to development of agency recommendations to the President. The Act affects neither the President's authority to make recommendations to the Congress nor the authority of Congress to enact legislation absent an agency recommendation.

Since enactment of the Wilderness Act, the Committee on Interior and Insular Affairs has added seventy-one wilderness units totalling about 4.1 million acres in the National Wildlife Refuge and National Forest Systems. H.R. 15446 would add five more wilderness units in the National Forest System (about 300,115 acres) and fifteen wilderness units in the National Wildlife Refuge System (about 123,246 acres) to the National Wilderness Preservation System. Seven wilderness study areas in National Forests containing about 500,018 acres also are designated. Studies will be made of these potential wilderness units and recommendations forwarded to Congress for consideration within a maximum time period specified for each wilderness study

area.

Placement of these new wilderness units, located in fifteen states, does not change agency jurisdiction or administration. Also, designation as wilderness is within and supplemental to the primary purposes for which each National Forest or National Wildlife Refuge was established and is administered which means that although wilderness areas will be managed in accordance with the applicable provisions of the Wilderness Act, existing laws guiding administration of National Forest and National Wildlife Refuges are not changed by wilderness designation. For example, National Wildlife Refuge Systems areas are closed to public recreation use until opened. Thus, wilderness designation does not automatically open a wildlife refuge to public use and furthermore, when opened for public use such use remains limited to those kinds of activities which the agency has been granted by law to permit ; namely, wildlife oriented recreation, not necessarily wilderness oriented types of recreation.

Although the wilderness areas and wilderness study areas in H.R. 15446 are widespread throughout the country and differ markedly in size, ecological diversity and uses, each has the common characteristic of being wild, undeveloped Federally administered land capable of being managed in an untrammeled, wilderness condition.

SECTION-BY-SECTION ANALYSIS

Section 1 is the designation of wilderness areas in the National Wildlife Refuge System as follows:

Sec. 1(a). Simeonofff Wilderness, Alaska

Simeonof Wilderness contains 25,140 acres within the Simeonof National Wildlife Refuge, Alaska. Established by Public Land Order in 1958 as a refuge for the preservation and propagation of sea otter and other native wildlife and situated in the eastern most part of the Shumagin Island group in the Gulf of Alaska, Simeonof National Wildlife Refuge embraces about 25,271 acres of emerged lands on Simeonof Island and adjacent Murie Islets and 14,418 acres of surrounding submerged land and tidal water. Simeonof Island, about six miles long and almost as wide, is almost divided in two, but remains connected by a sandspit at the head of Simeonof Harbor. This harbor, nearly two miles long, affords excellent protection from the many violent storms that occur in the area. Climate is maritime with cloudy, cool summers and relatively mild winters.

Grazing of domestic livestock was authorized by the establishing order, under the administration of the Bureau of Land Management. The order stipulated that grazing use would be limited to one grazing lessee at any one time, and that it was to be compatible with wildlife refuge purposes. This limited grazing activity, compatible with the primary management objective of the refuge, will not be affected by wilderness designation. The Wilderness Act specifically provides that previously established livestock grazing may continue in a wilderness

area.

On October 30, 1958, Public Land Order 1749 withdrew the public lands. tidelands and adjacent waters from all appropriation under the public land laws and reserved the Simeonof National Wildlife. Refuge. In a legal opinion dated November 13, 1970, the Associate Solicitor of the Department of the Interior found that all the tidelands and submerged lands within the boundary of PLO 1749 remained Federal lands at the time of admission of Alaska to statehood. The finding was based on section 6 (e) of the Alaska Statehood Act which, after providing for the transfer of certain fish and wildlife activities to the State of Alaska, states: "Provided, That such transfer shall not include lands withdrawn or otherwise set apart as refuges or reservations for the protection of wildlife nor facilities utilized in connection therewith, or in connection with general research activities relating to fisheries or wildlife.”

While Alaska natives do not presently utilize Simeonof National Wildlife Refuge for hunting, fishing or other subsistence purposes, wilderness status would not change these activities nor prevent future such uses in the event that in the future they should be permitted. The Wilderness Act (Sec. 4 (a)) is specific in its intent that wilderness

designation is supplementary to the purposes for which an area is administered. Thus, if in the future the Secretary of the Interior should find that hunting and fishing activities by Alaska natives, or anyone else, would be desirable, wilderness designation would not prevent opening the area to such activities since laws governing administration of the wildlife refuge remain paramount.

The Alaska Native Claims Settlement Act provides that certain villages located within a national wildlife refuge may select a limited amount of acreage from that wildlife refuge; such lands to be replaced elsewhere in the State. There is no native village on Simeonof İsland and no lands have been withdrawn for possible selection by Alaska Native groups. Thus, there is no conflict with land selections by Alaska natives contemplated in other islands in the Shumagin Island group. Sec. 2(b). Big Lake Wilderness, Ark.

Big Lake Wilderness contains about 2,600 acres within the 11,038 acre Big Lake National Wildlife Refuge, located in Mississippi County, Arkansas, in the extreme northeastern part of the state. The wildlife refuge is situated about 20 miles west of the Mississippi River and was established by Executive Order, August 1915, as the Big Lake Reservation primarily to provide waterfowl migration habitat in the Mississippi Valley.

The Big Lake Wilderness lies along the northeast side of the wildlife refuge and is largely a virgin stand of cypress and forested swamp. It is thought that the cypress invaded the area as a result of changes that occurred during the New Madrid Earthquake. The area is maintained in its natural state at the present time, and there are no plans for future management. In addition to the 1,818 acres recommended by the Department of the Interior, the Committee received testimony at the hearing on July 29, 1976, urging inclusion of about 800 acres to the south of the administration's proposal. The area contains some of the most impressive forest swampland in the wildlife refuge. The Department of the Interior witness appearing before the Subcommittee on Public Lands stated that, while there may be opportunities for improving fishing in the extension, there were no specific plans to do so, feasibility studies had not been conducted, and the Department did not oppose inclusion of this area as wilderness.

Sec. 1 (c). Chassahowitzka Wilderness, Fla.

Chassahowitzka Wilderness contains approximately 23,360 acres within the 30,514 acre Chassahowitzka National Wildlife Refuge, Citrus and Hernando Counties, Florida. Located four miles south of Homosassa Springs, the wildlife refuge was established in 1943 under the authority of the Migratory Bird Conservation Act. Lands have been acquired since that time from private landowners and, in one part of the wildlife refuge, submerged bottom lands were purchased from the State of Florida. Land acquisition is not yet complete, within the boundary of the area designated as wilderness. As lands are acquired they will be included automatically in the wilderness and the acreage adjusted accordingly. The State of Florida owns and controls uses on the navigable waters in the wildlife refuge.

Although bottom lands in a portion of the wilderness are Federally owned, the water column and surface throughout the wildlife refuge

are owned by the State of Florida. These navigable waters are not included in the wilderness and will still be under the jurisdiction of the State. Wilderness designation does not change existing fishing, guiding and boat uses, since such uses not only are traditional, well established uses, but the navigable waters on which they take place are not within the wilderness or wildlife refuge. Further, even if the waters were not controlled by the State of Florida, the Wilderness Act and Sec. 6 of H.R. 15446 specifically provide that the use of aircraft and motor boats, where these uses have already become established, may be permitted to continue subject to such restrictions as the Secretary of the Interior deems desirable. Thus, current uses, including water access to and use of private lands not yet acquired for wildlife refuge purposes, will not be denied by wilderness establishment. Sec. 1(d). J.N."Ding" Darling Wilderness, Fla.

J. N. "Ding" Darling Wilderness contains about 2,825 acres within the 4.755-acre J. N. "Ding" Darling National Wildlife Refuge, located in Lee County, Florida, about 20 miles southwest of Fort Myers. Included in the wilderness are two deletions totalling about 90 acres which were proposed by the Administration: (1) a 3.62-acre-wide peninsula at the northern tip of the area; and (2) a 150-acre zone extending along a small dike used as a wildlife viewing trail and Tarpon Bay on the edge of the wildnerness.

Sec. 1(e). Lake Woodruff Wilderness, Fla.

Lake Woodruff Wilderness contains about 1,146 acres within the 18,417-acre Lake Woodruff National Wildlife Refuge, Volusia County, east-central Florida. The wildlife refuge contains 11,440 acres of marsh, 4,786 acres of timber, 1,206 acres of upland, and 984 acres of streams, lakes and other water areas. The wildlife refuge lies wholly within the flood plain of the St. John's River, which is the largest river entirely in the State of Florida and is one of the few large, northerly flowing rivers in the United States.

The Migratory Bird Conservation Act provided the authority for establishing the wildlife refuge, and the Migratory Bird Hunting Stamp Act (the so-called "Duck Stamp Act") provided the funds for acquiring the lands. Acquisition, which is not complete and entirely from private owners, was initiated in 1961. The wilderness consists of six islands-Dexter Island, Audulsen Island, Bird Islands (3) and St. Francis Island-located within the external boundaries of the wildlife refuge. There is a 40-acre inholding on Dexter Island which the U.S. Fish and Wildlife Service is in process of acquiring and which will become wilderness automatically upon being acquired. Meanwhile, this tract will be administered like any other inholding within a wilderness area and the applicable provisions of the Wilderness Act relative to access and continued use will apply.

Approximately 90 percent of the public use on the wildlife refuge is for fishing. In addition to fishing, the area offers opportunity for environmental education, nature study, wildlife watching, photographing, and other wildlife oriented activities. Wilderness designation. would not change or modify existing public uses, nor expand the types of recreation permitted under existing law governing recreational uses in National Wildlife Refuges.

Sec. 1(f). Crab Orchard Wilderness, Ill.

Crab Orchard Wilderness encompasses approximately 4,050 acres within the 42,970 acre Crab Orchard National Wildlife Refuge, Union County, Illinois, located about 50 miles north of the confluence of the Mississippi and Ohio Rivers. The wildlife refuge contains a variety of habitats including three large lakes and 61 smaller lakes and ponds. Crab Orchard Lake is the largest, comprising 6,910 acres, while Devils Kitchen and Little Grassy contain 810 and 1,000 acres, respectively. The 4,050-acre area wilderness lies between Devils Kitchen Lake and the south boundary. It includes the roughest terrain and is the most inaccessible and isolated area on the wildlife refuge. A county road running north and south through the proposal divides the area into two units. Since the road is an access route to private lands south of the refuge, it is not included in the wilderness.

Sec. 1(g). Lacassine Wilderness, La.

Lacassine Wilderness contains approximately 3,300 acres in the 31,776-acre Lacassine National Wildlife Refuge located in Cameron Parish, Southwestern Louisiana, about 25 miles from the Gulf of Mexico. Lacassine National Wildlife Refuge was established by Executive Order in December 1937 under the authority of the Migratory Bird Conservation Act. Monies for acquiring lands from private ownership stemmed from various sources. Former owners reserved the mineral rights on over 17,000 acres; however, none of these lands are situated within the wilderness. The Intercoastal Waterway transects the southern portion of the wildlife refuge. Corps of Engineers dredging activities which involve easements for deposition of spoil can be accommodated on areas outside the wilderness. The wilderness area is located south of the canal, which isolates the area from the remainder of the wildlife refuge.

Because of the limited access, public use remains relatively low with about 11,000 annual visitation recorded. Most visitors use the wildlife refuge for fishing and waterfowl hunting purposes. Use of motorboats for fishing and transportation to waterfowl hunting locations are traditional uses in the wilderness portion of the wildlife refuge. Such use occurs in navigable waters technically not in the wilderness. Further, the Wilderness Act (Sec. 4(d) (1)) recognizes that previously existing motorboat use may continue and Sec. 6 of H.R. 15446 adopts this specific provision. Hunting and fishing activities are not precluded by wilderness designation.

Sec. 1(h). Agassiz Wilderness, Minn.

Agassiz Wilderness consists of about 4,000 acres within the 61.487acre Agassiz National Wildlife Refuge located in extreme northwestern Minnesota, about 40 miles from the Canadian border. The Red River of the North, forming the North Dakota-Minnesota boundary, is about 50 miles to the west. The terrain is extremely flat, the bottom of what was once a vast lake during the close of the last glacial period. Formerly known as Mud Lake Refuge, the area occupies a small bay of prehistoric Lake Agassiz, for which it was renamed in 1961. The wildlife refuge is situated within a transition zone between what was originally tall grass prairie and Minnesota's "coniferous forest" along