Sipsey Wild and Scenic River and Alabama Addition Act of 1988
PL 100-547 (H.R.5395), enacted 10/28/1988

102 STAT. 2736 
PUBLIC LAW 100-547—OCT. 28, 1988 
Public Law 100-547 
100th Congress 
An Act 
Oct. 28, 1988 
[H.R. 5395] 
Sipsey Wild and 
Scenic River and 
Alabama 
Addition Act of 
1988. 
Public lands. 
To designate the Sipsey River as a component of the National Wild and Scenic Rivers 
System, to designate certain areas as additions to the Sipsey Wilderness, to 
designate certain areas as conditions to the Cheaha Wilderness, and to preserve 
over thirty thousand acres of pristine natural treasures in the Bankhead National 
Forest for the aesthetic and recreational benefit of future generations of Ala-
bamians, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Sipsey Wild and Scenic River and Alabama Addition 
Actofl988". 
TITLE I—WILD AND SCENIC RIVER DESIGNATION 
SEC. 101. DESIGNATION. 
Section 3(a) of the Wild and Scenic Riyers Act (82 Stat. 906, as 
amended; 16 U.S.C. 1274(a)) is amended by adding the following new 
paragraph: 
"( 
)(A) SIPSEY FORK OF THE WEST FORK, ALABAMA.—Segments of 
the Sipsey Fork and several tributaries; to be administered by the 
Secretary of Agriculture in the classifications indicated, as follows: 
"(1) Sipsey Fork from the confluence of Sandy Creek up-
stream to Forest Highway 26, as a scenic river; and 
"(2) Sipsey Fork from Forest Highway 26 upstream to it origin 
at the confluence of Thompson Creek and Hubbard Creek, as a 
wild river; and 
"(3) Hubbard Creek from its confluence with Thompson Creek 
upstream to Forest Road 210, as a wild river; and 
"(4) Thompson Creek from its confluence with Hubbard Creek 
upstream to its origin in section 4, township 8 south, range 9 
west, as a wild river; and 
"(5) Tedford Creek from its confluence with Thompson Creek 
upstream to section 17, township 8 south, range 9 west, as a wild 
river; and 
"(6) Mattox Creek from it confluence with Thompson Creek 
upstream to section 36 of township 7 south, range 9 west, as a 
wild river; and 
"(7) Borden Creek from its confluence with the Sipsey Fork 
upstream to Forest Road 208, as a wild river; and 
"(8) Borden Creek from Forest Road 208 upstream to its 
confluence with Montgomery Creek, as a scenic river; and 
"(9) Montgomery Creek from its confluence with Borden 
Creek upstream to the southwest quarter of the southwest 
quarter of section 36, township 7 south, range 8 west, as a scenic 
river; and 
"(10) Flannigan Creek from its confluence with Borden Creek 
upstream to Forest Road 208, as a wild river; and 
"(11) Flannigan Creek from Forest Road 208 upstream to 
section 4, township 8 south, range 8 west, as a scenic river; and 
PUBLIC LAW 100-547—OCT. 28, 1988 
102 STAT. 2737 
"(12) Braziel Creek from its confluence with Borden Creek 
upstream to section 12, township 8 south, range 9 west, as a wild 
river; and 
"(13) Hogood Creek from its confluence with Braziel Creek 
upstream to the confluence with an unnamed tributary in 
section 7, township 8 south, range 8 west, as a wild river. 
"(B) A map entitled 'Sipsey Fork of the West Fork Wild and 
Scenic River', generally depicting the Sipsey Fork and the tribu-
taries, shall be on file and remain available for public inspections in 
the office of the Chief of the Forest Service, Department of 
Agriculture.". 
SEC. 102. STUDY. 
The Secretary of Agriculture shall conduct a study to determine 
the feasibility of constructing a dam to establish a substantial lake, 
suitable for all types of recreational uses, to be located in the 
northeast portion of the Bankhead National Forest. 
SEC. 103. LEWIS SMITH LAKE. 
The Secretary is authorized and directed to monitor the waters Pollution, 
flowing towards and into Lewis Smith Lake to take actions, includ-
ing preventative maintenance, necessary to prevent any national 
forest management activities from causing injurious water quality. 
TITLE II—WILDERNESS DESIGNATION 
SEC. 201. DESIGNATION AND ADMINISTRATION. 
(a) DESIGNATION.—In furtherance of the purposes of the Wilder- 
16 USC 1132 
ness Act of 1964 (78 Stat. 890), the following National Forest System 
^o^. 
lands in the State of Alabama, comprising approximately thirteen 
thousand nine bunded and seventy acres, as generally depicted on 
maps appropriately referenced and on file in the Office of the Chief 
of the Forest Service, Department of Agriculture, are hereby des-
ignated as wilderness, and, therefore, as components of the National 
Wilderness Preservation System: 
(1) certain lands in the William B. Bankhead National Forest 
which comprise approximately thirteen thousand two hundred 
and sixty acres as generally depicted on a map entitled "Sipsey 
Wilderness Additions—Proposed", dated September 1988, and 
which are hereby incorporated in and shall be deemed to be 
part of the Sipsey Wilderness; 
(2) certain lands in the Talladega National Forest which 
comprise approximately seven hundred ten acres as generally 
depicted on a map entitled "Cheaha Wilderness Additions— 
Proposed", dated June 1988, and which are hereby incorporated 
in and shall be deemed to be a part of the Cheaha Wilderness. 
(b) ADMINISTRATION.—Subject to valid existing rights, wilderness 
designated by this Act shall be administered by the Secretary of 
Agriculture in accordance with the provisions of the Wilderness Act 
of 1964: Provided, That any reference in such provisions to the 
effective date of the Wilderness Act shall be deemed to be a ref-
erence to the effective date of this Act. 
(c) FIRE, INSECT, AND DISEASE CONTROL.—Consistent with section 
4(d)(1) of the Wilderness Act of 1964 (Public Law 93-622), and the 
United States Forest Service policy, the Secretary of Agriculture 
may take such measures as may be necessary in the control of fire, 
insects (including the Southern Pine Beetle), and diseases within the 
102 STAT. 2738 
PUBLIC LAW 100-547—OCT. 28, 1988 
Sipsey Wilderness, and Sipsey Wilderness additions, including any 
areas within the designated boundaries of the Wild and Scenic 
Rivers, subject to conditions as the Secretary deems desirable: Pro-
vided, That such measures in the Secretary's judgment are deemed 
necessary to protect threatened resources on Federal, State or pri-
vate adjacent lands. Within five years from the date of enactment of 
this Act, or sooner for good cause in the judgment of the Secretary, 
the Secretary shall evaluate the dangers and potential dangers 
created by the Southern Pine Beetle and other insects in the 
Bankhead National Forest and adjacent State and private lands. If 
his evaluation of such dangers and potential dangers justifies a 
review of present United States Forest Service policy regarding such 
insects, then he shall review such policy for the Sipsey Wilderness 
additions, including any areas within designated boundaries of Wild 
and Scenic Rivers, and adjacent Federal lands relative to the control 
of such insects. Thereafter, he shall monitor the dangers and poten-
tial dangers of such insects and such policy, closely. 
(d) HIKING AND HORSE TRAILS.—The Secretary of Agriculture, at 
his discretion, shall convert existing roads within the Sipsey Wilder-
ness Addition into suitable hiking or horse trails. 
SEC. 202. FINDINGS AND DETERMINATIONS. 
(a) FINDINGS.—The Congress finds that— 
(1) the Department of Agriculture has completed the second 
roadless area review and evaluation program (RARE II); and 
(2) the Congress has made its own review and examination of 
National Forest System roadless areas in Alabama and of the 
environmental impacts associated with alternative allocations 
of such areas. 
(b) DETERMINATIONS.—On the basis of such review, the Congress 
hereby determines and directs that— 
(1) without passing on the question of the legal and factual 
sufficiency of the RARE II final environmental statement 
(dated January 1979) with respect to National Forest System 
lands in States other than Alabama, such statement shall not be 
subject to judicial review with respect to National Forest 
System lands in the State of Alabama; and 
(2) with respect to the National Forest System lands in the 
State of Alabama which were reviewed by the Department of 
Agriculture in the second roadless area review and evaluation 
(RARE II) and those lands referred to in subsection (d), that 
review and evaluation or reference shall be deemed for the 
purposes of the initial land management plans required for such 
lands by the Forest and Rangeland Renewable Resources Plan-
ning Act of 1974, as amended by the National Forest Manage-
ment Act of 1976, to be adequate consideration of the suitability 
of such lands for inclusion in the National Wilderness Preserva-
tion System and the Department of Agriculture shall not be 
required to review the wilderness option prior to the revision of 
the plan, but shall review the wilderness option when the plans 
are revised, which revision will ordinarily occur on a ten-year 
cycle, or at least every fifteen years, unless, prior to such time 
the Secretary finds that conditions in a unit have significantly 
changed; 
(3) areas in the State of Alabama reviewed in such final 
environmental statement, or referenced in subsection (d), and 
not designated wilderness upon enactment of this Act shall be 
PUBLIC LAW 100-547—OCT. 28, 1988 
102 STAT. 2739 
managed for multiple use in accordance with land management 
plans pursuant to section 6 of the Forest and Rangeland Renew-
able Resources Planning Act of 1974, as amended by the Na-
tional Forest Management Act of 1976: Provided, That such 
areas need not be managed for the purpose of protecting their 
suitability for wilderness designation prior to or during revision 
of the initial land management plans; 
(4) in the event that revised land management plans in the 
State of Alabama are implemented pursuant to section 6 of the 
Forest and Rangeland Renewable Resources Planning Act of 
1974, as amended by the National Forest Management Act of 
1976, and other applicable law, areas not recommended for 
wilderness designation need not be managed for the purpose of 
protecting their suitability for wilderness designation prior to or 
during revision of such plans, and areas recommended for 
wilderness designation shall be managed for the purpose of 
protecting their suitability for wilderness designation as may be 
required by the Forest and Rangeland Renewable Resources 
Planning Act of 1974, as amended by the National Forest 
Management Act of 1976, and other applicable law; and 
(5) unless expressly authorized by Congress, the Department 
of Agriculture shall not conduct any further statewide roadless 
area review and evaluation of National Forest System lands in 
the State of Alabama for the purpose of determining their 
suitability for inclusion in the National Wilderness Preserva-
tion System. 
(c) LIMITATION.—As used in this section, and as provided in section 
6 of the Forest and Rangeland Renewable Resources Planning Act of 
1974, as amended by the National Forest Management Act of 1976, 
the term "revision" shall not include an "amendment" to a plan. 
(d) APPLICABILITY OF SECTION 202.—The provisions of this section 
shall also apply to National Forest System roadless lands in the 
State of Alabama which are less than five thousand acres in size. 
SEC. 203. MAPS AND LEGAL DESCRIPTIONS. 
As soon as practicable after enactment of this Act, the maps and 
legal descriptions of the Sipsey Wilderness and the Cheaha Wilder-
ness, as modified by section 201(a), shall be filed with the Commit-
tees on Agriculture and Interior and Insular Affairs of the House of 
Representatives and the Committees on Energy and National 
Resources and Agriculture, Nutrition, and Forestry of the Senate, 
and such maps and legal descriptions shall have the same force and 
effect as if included in this Act: Provided, however, That corrections 
of clerical and typographical errors in such legal descriptions and 
maps may be made. 
Approved October 28, 1988. 
LEGISLATIVE HISTORY—H.R. 5395 (S. 2838): 
HOUSE REPORTS: No. 100-1057, Pt. 1 (Comm. on Interior and Insular Affairs) and 
Pt. 2 (Comm. on Agriculture). 
SENATE REPORTS: No. 100-578 accompanying S. 2838 (Comm. on Agriculture, 
Nutrition, and Forestry). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Oct. 5, S. 2838 considered and passed Senate. 
Oct. 6, H.R. 5395 considered and passed House. 
Oct. 11, considered and passed Senate.