I
105TH CONGRESS
1ST SESSION
H. R. 1567
To provide for the designation of additional wilderness lands in the eastern
United States.
IN THE HOUSE OF REPRESENTATIVES
MAY 8, 1997
Mr. HANSEN (for himself, Mr. SMITH of Oregon, Ms. DUNN, Mr. CRAPO, Mr.
MCKEON, Mr. SKEEN, Mr. HILL, Mr. HASTINGS of Washington, Mr.
HAYWORTH, and Mrs. CHENOWETH) introduced the following bill; which
was referred to the Committee on Resources
A BILL
To provide for the designation of additional wilderness lands
in the eastern United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Eastern Wilderness
Act’’.
SEC. 2. INCLUSION OF AREAS IN WILDERNESS SYSTEM.
(a) PURPOSE AND INTENT.—In order to assure that
an increasing population, accompanied by expanding set-
tlement and growing mechanization, does not occupy and
modify all areas within the United States and its posses-
sions, leaving no lands designated for preservation and
protection in their natural condition, it is necessary to in-
crease and expand the existing wilderness areas in the
eastern United States. These wilderness areas shall be ad-
ministered for the use and enjoyment of the American peo-
ple in such manner as will leave them unimpaired for fu-
ture use and enjoyment as wilderness, and so as to provide
for the protection of these areas, the preservation of their
wilderness character, and for the gathering and dissemina-
tion of information regarding their use and enjoyment as
wilderness. As the bulk of wilderness lands exist in the
western United States, the purpose and intent of this Act
is to provide the means to designate additional qualifying
lands as wilderness in the eastern United States.
(b) MANAGEMENT.—The inclusion of an area of Fed-
eral lands in the National Wilderness Preservation System
pursuant to this Act notwithstanding, the area shall con-
tinue to be managed by the department or agency having
administrative jurisdiction thereover immediately before
its inclusion in the National Wilderness Preservation Sys-
tem unless otherwise provided by Act of Congress. If the
area was previously private or State land, the area shall
be managed by the department or agency with the largest
presence in the area.
(c) WILDERNESS.—For purposes of this Act, a wil-
derness, in contrast with those areas where man and his
own works dominate the landscape, is recognized as an
area where the earth and its community of life are
untrammeled by man, where man himself is a visitor who
does not remain. An area of wilderness is further defined
as an area of undeveloped Federal, State, or private land
retaining its primeval character and influence, without
permanent improvements or human habitation, which is
protected and managed so as to preserve its natural condi-
tions and which—
(1) generally appears to have been affected pri-
marily by the forces of nature, with the imprint of
man’s work substantially unnoticeable;
(2) has outstanding opportunities for solitude
or a primitive and unconfined type of recreation;
(3) is east of the 100th meridian and has at
least 500 acres of land or is of sufficient size as to
make practicable its preservation and use in an
unimpaired condition;
(4) may also contain ecological, geological, or
other features of scientific, educational, scenic, or
historical value; and
(5) if significantly trammeled by man, could
otherwise qualify as wilderness through natural rec-
lamation.
(d) SCOPE OF ACT AND RELATIONSHIP TO OTHER
LAW.—This Act shall apply only to lands east of the
100th meridian and nothing in this Act shall apply to any
lands designated as components of the national wilderness
preservation system before the enactment of this Act.
SEC. 3. STUDY.
The Secretary of Agriculture and the Secretary of the
Interior are hereby directed to study and inventory all
Federal, State, and private lands of 500 acres or greater
which are east of the 100th meridian and which could or
do qualify as wilderness according to the definition of wil-
derness in section 2(c) above.
SEC. 4. REVIEW.
(a) STUDY.—Within 15 years after the date of ap-
proval of this Act, the Secretary of Agriculture and the
Secretary of the Interior shall review those areas identified
as having wilderness characteristics during the inventory
required in section 3 and shall from time to time report
to the President their recommendation as to the suitability
or nonsuitability of each such area for preservation as wil-
derness.
(b) PROCEDURE.—
(1) The Secretary of Agriculture and the Sec-
retary of the Interior shall, prior to submitting any
recommendations to the President with respect to
the suitability of any area for preservation as wilder-
ness—
(A) give such public notice of the proposed
action as they deem appropriate, including pub-
lication in the Federal Register and in a news-
paper having general circulation in the area or
areas in the vicinity of the affected land;
(B) hold a public hearing or hearings at a
location or locations convenient to the area af-
fected. The hearings shall be announced
through such means as the respective Secretar-
ies involved deem appropriate, including notices
in the Federal Register and in newspapers of
general circulation in the area: Provided, That
if the lands involved are located in more than
one State, at least one hearing shall be held in
each State in which a portion of the land lies;
and
(C) at least 30 days before the date of a
hearing, advise the Governor of each State and
the governing board of each county in which the
lands are located, and Federal departments and
agencies concerned, and invite such officials and
Federal agencies to submit their views on the
proposed action at the hearing or by no later
than 30 days following the date of the hearing.
(2) Any views submitted to the appropriate Sec-
retary under the provisions of paragraph (1) of this
subsection with respect to any area shall be included
with any recommendations to the President and to
Congress with respect to such area.
(c) RECOMMENDATION.—The President shall advise
the President of the Senate and the Speaker of the House
of Representatives of his recommendations with respect to
designation as wilderness of each such area, together with
a map thereof and a definition of its boundaries. Such ad-
vice by the President shall be given within 2 years of the
receipt of each report from the Secretaries. A rec-
ommendation of the President for designation as wilder-
ness shall become effective only if so provided by an Act
of Congress.
(d) MANAGEMENT OF STUDY AREAS.—During the
period of review of such areas and until Congress has de-
termined otherwise, the appropriate Secretary shall con-
tinue to manage such public lands under his authority
under this Act and other applicable law in a manner so
as not to impair the suitability of such areas for preserva-
tion as wilderness: Provided, That, in managing the public
lands the Secretary shall by regulation or otherwise take
any action required to prevent unnecessary or undue deg-
radation of the lands and their resources or to afford envi-
ronmental protection. Such lands shall continue to be sub-
ject to such appropriation during the period of review un-
less withdrawn by the Secretary under the procedures of
section 204 of the Federal Land Policy and Management
Act of 1976 for reasons other than preservation of their
wilderness character. Once an area has been designated
for preservation as wilderness under this Act, the provi-
sions of this Act shall apply with respect to the adminis-
tration and use of such designated area.
SEC. 5. MANAGEMENT OF WILDERNESS AREAS.
(a) IN GENERAL.—Except as otherwise provided in
this Act, each agency administering any area designated
as wilderness under this Act shall be responsible for pre-
serving the wilderness character of the area and shall so
administer such area for such other purposes for which
it may have been established as also to preserve its wilder-
ness character. Except as otherwise provided in this Act,
wilderness areas shall be devoted to the public purposes
of recreational, scenic, scientific, educational, conserva-
tion, and historical use.