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The Original Documents Are Located in Box 66 The original documents are located in Box 66, folder “10/19/76 S1026 Omnibus Wilderness Designations” of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. Digitized from Box 66 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library ACTION THE WHITE HOUSE WASHINGTON Last Day: October 19 October 17, 1976 MEMORANDUM FOR THE PRESIDENT FROM: JIM CANNONI{i); ~ SUBJECT: S. 1026 - Omnibus Wilderness Designations Attached for your consideration is S. 1026, sponsored by Senator Jackson. The enrolled bill would designate as components of the National Wilderness Preservation System: 16 areas within the Interior/National Wildlife Refuge System comprising approximately 155,156 acres located in 11 States; Three areas within the Agriculture/National Forest System comprising approximately 232,415 acres in three States. In addition, the enrolled bill would designate eight wilderness study areas encompassing approximately 587,364 acres of national forest lands in three States for possible future designation as wilderness areas. A detailed explanation of the provisions of the enrolled bill is provided in OMB's enrolled bill report at Tab A. Agency Recommendations The Department of the Interior recommends approval of the enrolled bill. Of the 16 wilderness areas which would be established in national wildlife refuges, 10 are identical to Executive Branch recommendations, while the remaining six areas would be expanded from the Administration's original proposals, comprising 45,000 acres, to a total of 61,000 acres. Interior has reviewed the additional acreage and has no objection to its inclusion. The Department of Agriculture recommends disapproval of the enrolled bill because: Of the three national forest areas which S. 1026 would designate as wilderness, only one of them has been adequately studied. (the Fitzpatrick Wilderness) 2 One of the two "instant" wildernesses, the Kaiser Wilderness in the Sierra National Forest, has been reviewed for wilderness values and the Department has determined that the 22,500-acre Kaiser area should be managed for a broader range of resource uses--including timber harvesting--than would be possible under wilderness designation. The hodgepodge of wilderness study areas created and the time deadline for studies, would disrupt and delay the systematic efforts of the Department to complete studies of 274 areas totaling 12.3 million acres now under review for wilderness potential as a result of the Department's comprehensive survey of roadless areas in the national forests. OMB recommends approval of the enrolled bill. They also point out that you should be aware of a provision in a National Park System omnibus enrolled bill, H.R. 13160, which would remove the so-called "Whiskey Mountain" wilderness area from the Fitzpatrick Wilderness that would be designated under s. 1026. OMB states: "Although the Congressional intent with respect to these two conflicting provisions is unclear, the effect of the provision in H.R. 13160, if that enrolled bill is signed after S. 1026, would be to eliminate at least part of the objectionable wilderness designation in S. 1026. In this regard, if you decide to approve • both bills, Agriculture strongly recommends that s. 1026 be approved at least one day before you approve H.R. 13160." Staff Recommendations- Max Friedersdorf, Counsel's Office (Lazarus) and I recommend approval of s. 1026. Recommendation That you sign s. 1026 at Tab B. EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 OCT 13 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill s. 1026 - Omnibus wilderness designations Sponsor - Sen. Jackson (D) Washington Last Day for Action October 19, 1976 - Tuesday Purpose Designates 19 wilderness areas encompassing some 387,571 acres in 13 States and establishes eight wilderness study areas encompassing approximately 587,364 acres in three of these States. Agency Recommendations Office of Management and Budget Approval Department of the Interior Approval Council on Environmental Quality Approval Department of Defense No objection Federal Power Commission No objection Department of Commerce No objection Department of Transportation No objection Department of Agriculture Disapproval (Memoran- dum of Disapproval attached) Discussion Under the Wilderness Act, Agriculture and Interior are required to make recommendations to the President for additions to the National Wilderness Preservation System, and the President is required to submit these, along with his own recommendations, to the Congress. To qualify for wilderness designation, an area must generally 2 be undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to pre­ serve its natural conditions. s. 1026 would designate as components of the National Wilderness Preservation System: (a} 16 areas within the Interior/National Wildlife Refuge System comprising approx­ imately 155,156 acres located in 11 States; and (b) three areas within the Agriculture/National Forest System com­ prising approximately 232,415 acres in three States. Each of these wilderness areas would be administered under the provisions of the Wilderness Act, which means its primitive, natural condition would be preserved. In addition, the bill would designate eight wilderness study areas encompassing approximately 587,364 acres of national forest lands in three States for possible future designation as wilderness areas. The bill specifies that the first of these studies would have to be completed within 19 months, with three other studies scheduled for completion at the end of 2 years and the remaining four studies to be completed in 5 years. Of the 19 areas encompassing 387,571 acres which S. 1026 would designate as wilderness, 17 are related to specific Administration proposals to designate 321,691 acres as wilderness. Attached to this memorandum is a list of the areas and location of lands which would be affected by s. 1026. In its enrolled bill letter, the Department of Agriculture urges your disapproval of S. 1026. Agriculture's primary concern is that of the three national forest areas which S. 1026 would designate as wilderness, only one of them (the proposed Fitzpatrick Wilderness in the Shoshone National Forest) has been adequately studied. Agriculture is fundamentally opposed to the "instant" wilderness designation of the other two areas without a prior wilder­ ness study, minerals survey, and public involvement as prescribed in the Wilderness Act of 1964. Agriculture also points out that one of these two "instant" wilder­ nesses which S. 1026 would create, the proposed Kaiser Wilderness in the Sierra National Forest, has been reviewed 3 for wilderness values and the Department has determined that the 22,500-acre Kaiser area should be managed for a broader range of resource uses -- including timber harvesting -- than would be possible under wilderness designation. Furthermore, Agriculture's letter expresses substantial concern with the piecemeal approach to designating wilder­ ness study areas which s. 1026 would effect. Agriculture states that the hodgepodge of wilderness study areas which s. 1026 would establish, and the time deadline for studies, would disrupt and delay the systematic efforts of the Department to complete studies of 274 areas totaling 12.3 million acres now under review for wilderness potential as a result of the Department's comprehensive survey of roadless areas in the national forests. The Department of the Interior, taking the opposite view in its attached enrolled bill letter, recommends that you approve s. 1026. Interior points out that all 16 wilderness areas which would be established in national wildlife refuges were recommended by the Administration. Ten of these areas are identical to Executive Branch recom­ mendations, while the remaining six areas would be expanded from the Administration's original proposals, comprising -45,000 acres, to a total of approximately 61,000 acres. Interior notes that it has reviewed the additional acreage in each refuge and has no opposition to the inclusion of these areas in wilderness status. Finally, Interior notes that it is aware of Agriculture's concerns regarding the instant wildernesses, and then concludes that: " ••. While we agree that Congressional action establishing wilderness areas without having mineral surveys is an unfortunate precedent, we do not believe that it is an adequate basis for vetoing this enrolled bill." Conclusion While we share Agriculture's basic concerns with respect to the "instant" wilderness designation of Forest Service lands and the requirement for additional wilderness studies, on balance, we join
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