IB
Union Calendar No. 458
105TH CONGRESS
2D SESSION
H. R. 1567
[Report No. 105–814]
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
OCTOBER 12, 1998
Additional sponsors: Mr. PACKARD, Mr. RADANOVICH, Mr. STUMP, Mr. SHAD-
EGG, Mr. BOB SCHAFFER of Colorado, Mr. GIBBONS, Mr. DAN SCHAE-
FER of Colorado, Mr. ENSIGN, and Mr. CANNON
OCTOBER 12, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 8, 1997]
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
of 1998’’.
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 pro-
tection in their natural condition, it is necessary to increase
and expand the existing wilderness areas in the eastern
United States. These wilderness areas shall be administered
for the use and enjoyment of the American people in such
manner as will leave them unimpaired for future use and
enjoyment as wilderness, and so as to provide for the protec-
tion of these areas, the preservation of their wilderness char-
acter, and for the gathering and dissemination of informa-
tion 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 wilder-
ness 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 System
unless otherwise provided by Act of Congress. If the area
was previously private or State land, the area shall be man-
aged by the department or agency with the largest presence
in the area.
(c) WILDERNESS.—For purposes of this Act, a wilder-
ness, 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 re-
main. 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 im-
provements or human habitation, which is protected and
managed so as to preserve its natural conditions 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 his-
torical value; and
(5) if significantly trammeled by man, could
otherwise qualify as wilderness through natural rec-
lamation.
For the purposes of this Act, the term ‘‘natural reclama-
tion’’ means a process whereby, with minimal assistance
or interference from man, land may in time, through the
natural physical and biological processes of ecological suc-
cession, be restored to a state where man’s imprint is sub-
stantially unnoticeable.
(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 preser-
vation 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 Fed-
eral lands of 500 acres or greater which are east of the 100th
meridian and which qualify as wilderness according to the
definition of wilderness in section 2(c) above.
SEC. 4. REVIEW.
(a) STUDY.—Within 10 years after the date of ap-
proval of this Act, the Secretary of Agriculture and the Sec-
retary of the Interior shall review those areas identified as
having wilderness characteristics during the inventory re-
quired 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 wilder-
ness.
(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 Secretaries involved
deem appropriate, including notices in the Fed-
eral Register and in newspapers of general cir-
culation 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 des-
ignation as wilderness of each such area, together with a
map thereof and a definition of its boundaries. Such advice
by the President shall be given within 2 years of the receipt
of each report from the Secretaries. A recommendation of
the President for designation as wilderness shall become ef-
fective only if so provided by an Act of Congress.
(d) MANAGEMENT OF STUDY AREAS.—During the pe-
riod of review of such areas and until Congress has deter-
mined otherwise, the appropriate Secretary shall continue
to manage such public lands under his authority under this
Act and other applicable law in a manner so as not to im-
pair the suitability of such areas for preservation as wilder-
ness: Provided, That, in managing the public lands the Sec-
retary shall by regulation or otherwise take any action re-
quired to prevent unnecessary or undue degradation of the
lands and their resources or to afford environmental protec-
tion. Such lands shall continue to be subject to such appro-
priation during the period of review unless withdrawn by
the Secretary under the procedures of section 204 of the Fed-
eral 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 provisions of this Act shall apply with
respect to the administration 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 preserv-
ing the wilderness character of the area and shall so admin-
ister such area for such other purposes for which it may
have been established as also to preserve its wilderness char-
acter. Except as otherwise provided in this Act, wilderness
areas shall be devoted to the public purposes of recreational,
scenic, scientific, educational, conservation, and historical
use.
(b) COMMERCIAL ENTERPRISES, ROADS, STRUCTURES,
ETC.—Except as specifically provided for in this Act, and
subject to existing private rights, there shall be no commer-
cial enterprise and no permanent road within any wilder-
ness area designated by this Act and, except as necessary
to meet minimum requirements for the administration of
the area for the purpose of this Act (including measures
required in emergencies involving the health and safety of
persons within the area), there shall be no temporary road,
no use of motor vehicles, motorized equipment or motor-
boats, no landing of aircraft, no other form of mechanical
transport, and no structure or installation within such
area.
(c) SPECIAL PROVISIONS.—The following special pro-
visions are hereby made:
(1) Within wilderness areas designated by this
Act, the use of aircraft or motorboats, where these uses
have already become established, may be permitted to
continue subject to such restrictions as the appro-
priate Secretary deems desirable. In addition, such
measures may be taken as may be necessary in the
control of fire, insects, and diseases, subject to such
conditions as the Secretary deems desirable.
(2) Nothing in this Act shall prevent, within wil-
derness areas designated by this Act, any activity, in-
cluding prospecting, for the purpose of gathering in-
formation about mineral or other resources, if such
activity is carried on in a manner compatible with
the preservation of the wilderness environment. Fur-
thermore, in accordance with such program as the
Secretary of the Interior shall develop and conduct in
consultation with the Secretary of Agriculture, such
areas shall be surveyed on a planned, recurring basis
consistent with the concept of wilderness preservation
by the Geological Survey to determine the mineral
values, if any, that may be present; and the results
of such surveys shall be made available to the public
and submitted to the President and Congress.
(3) Within wilderness areas designated by this
Act—
(A) the President may, within a specific
area and in accordance with such regulations as
he may deem desirable, authorize prospecting for
water resources, the establishment and mainte-
nance of reservoirs, water conservation works,
power projects, transmission lines, and other fa-
cilities needed in the public interest, including
the road construction and maintenance essential
to development and use thereof, upon his deter-
mination that such use or uses in the specific
area will better serve the interest of the United
States and the people thereof than will its denial;
and
(B) the grazing of livestock, where estab-
lished prior to the effective date of this Act, shall
be permitted to continue subject to such reason-
able regulations as are deemed necessary by the
Secretary of Agriculture.
(4) Commercial services may be performed with-
in the wilderness areas designated by this Act to the
extent necessary for activities which are proper for re-
alizing the recreational or other wilderness purposes
of the areas.
(5) Nothing in this Act shall constitute an ex-
press or implied claim or denial on the part of the
Federal Government as to exemption from State
water laws.
(6) Nothing in this Act shall be construed as af-
fecting the jurisdiction or responsibilities of the sev-
eral States with respect to wildlife and fish on public
lands.
SEC. 6. PRIVATE PROPERTY.
(a) PRIVATE PROPERTY.—In any case where State
owned or privately owned land is completely surrounded
by public lands within areas designated by this Act as wil-
derness, such State or private owner shall be given such
rights as may be necessary to assure adequate access to such
State owned or privately owned land by such State or pri-
vate owner and their successors in interest, or the State
owned or privately owned land shall be exchanged for feder-
ally owned land in the same State of approximately equal
value under authorities available to the appropriate Sec-
retary: Provided, however, That the United States shall not
transfer to a State or private owner any mineral interests
unless the State or private owner relinquishes or causes to
be relinquished to the United States the mineral interest
in the surrounded land.
(b) ACCESS TO VALID OCCUPANCIES.—In any case
where valid mining claims or other valid occupancies are
wholly within a designated wilderness area, the appropriate
Secretary shall, by reasonable regulations consistent with
the preservation of the area as wilderness, permit ingress
and egress to such surrounded areas by means which have
been or are being customarily enjoyed with respect to other
such areas similarly situated.
(c) ACQUISITION.—Subject to the appropriation of
funds by Congress, the appropriate Secretary is authorized
to acquire State owned or privately owned land in order
to establish the wilderness area or lands within the bound-
aries of any area designated by this Act as wilderness if—
(1) the owner consents to such acquisition; and
(2) the acquisition is specifically authorized by
Congress.
(d) COMPENSATION.—Any private or State land taken
by an Act of Congress pursuant to this Act will constitute
a ‘‘taking’’ under the fifth amendment and the owner of
the land shall be compensated at fair market value.
SEC. 7. ACCEPTANCE OF GIFTS.
(a) LAND.—The appropriate Secretary may accept
gifts or bequests of land within wilderness areas designated
by this Act for preservation as wilderness. The Secretary
may also accept gifts or bequests of land adjacent to wilder-
ness areas designated by the Act for preservation as wilder-
ness if he has given 60 days advance notice thereof to the
President of the Senate and the Speaker of the House of
Representatives. Land accepted by the Secretary under this
section shall become part of the wilderness area involved.
Regulations with regard to any such land may be in accord-
ance with such agreements, consistent with the policy of this
Act, as are made at the time of such gift, or such conditions,
consistent with such policy, as may be included in, and ac-
cepted with, such bequest.
(b) PRIVATE CONTRIBUTIONS.—The Secretary of Agri-
culture or the Secretary of the Interior is authorized to ac-
cept private contributions and gifts to be used to further
the purposes of this Act.
SEC. 8. REPORT.
At the opening of each session of Congress, the Sec-
retaries of Agriculture and the Interior shall jointly report
to the President for transmission to Congress on the status
of the wilderness system, including a list and descriptions
of the areas in the system, regulations in effect, and other
pertinent information, together with any recommendations
they may care to make.