93d Congress, 2d Session House Document No. 93-403 PROPOSED ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM COMMUNICATION FROM THE PRESIDENT OE THE UNITED STATES TRANSMITTING PROPOSALS FOR THIRTY-SEVEN ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM AND DEFERRAL OF ACTION ON FIVE AREAS SUITABLE FOR INCLUSION IN THE SYSTEM, AND RECOMMENDATIONS AGAINST THE INCLUSION OF FOUR OTHER AREAS STUDIED, PURSUANT TO SECTION 3 OF THE WILDER- NESS ACT OF 1964 [16 USC 1132] PART 29 ANAHO ISLAND WILDERNESS NEVADA DECEMBER 4, 1974. - Referred to the Committee on Interior and Insular Affairs and ordered to be printed with illustrations. U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1974 42-797 O THE WHITE HOUSE WAS HINGTON December 4, 1974 Dear Mr. Speaker: Pursuant to the Wilderness Act of September 3, 1964, I am pleased to transmit herewith proposals for thirty-seven additions to the National Wilderness Preservation System. As described in the Wilderness Message that I am con- currently sending to the Congress today, the proposed new wilderness areas cover a total of over nine million primeval acres. In addition, the Secretary of the Interior has recommended that Congressional action on five other areas which include surface lands suitable for wilderness be deferred for the reasons set forth below: A. Three areas which are open to mining might be needed in the future to provide vital minerals for the Nation, but these areas have not been adequately surveyed for mineral deposits. The areas are the Kofa Game Range, Arizona; Charles Sheldon Antelope Range, Nevada and Oregon; and, Charles M. Russell National Wildlife Range, Montana. B. One area is subject to withdrawals for power purposes and additional study is needed of the West's potential energy needs before a wilderness decision can be made. This is Lake Mead National Recreation Area, located in Arizona and Nevada. C. Certain parts of one area are subject to selection by the village of Mekoryuk under the terms of the Alaska Native Claims Settlement Act and a wilderness recommenda- tion should be made only after the completion of the Native selection process. The area in question is the Nunivak National Wildlife Refuge in Alaska. Four other possibilities considered by the Secretary of the Interior in his review of roadless areas of 5,000 acres or more were found to be unsuitable for inclusion in the Wilderness System: Deer Flat National Wildlife Refuge, Oregon and Idaho; Blackwater National Wildlife Refuge, Maryland; Mammoth Cave National Park, Kentucky; and, Upper Mississippi River Wildlife and Fish Refuge, Minnesota, Wisconsin, Iowa and Illinois. I concur in this finding and in the other recommendations of the Secretaries of the Interior and Agriculture, all of which are transmitted herewith. Wilderness designation of both of these new wilderness areas and those already submitted that are pending be- fore the Congress would dramatically demonstrate our commitment to preserve America's irreplaceable heritage, and I urge the Congress to act promptly in this regard. Sincerely, The Honorable Carl Albert Speaker of the House of Representatives Washington, D.C. 20515 United States Department of the Interior OFFICE OF THE SECRETARY WASHINGTON, B.C. 20240 SEP 6 Dear Mr. President: It is with pleasure that I recommend the establishment of areas totaling approximately 7^7*73 acres in Anaho Island National Wildlife Refuge as part of the National Wilderness Preservation System. The recommendation stems from this Department's responsibility under the Wilderness Act (78 Stat. 890) to recommend to the President areas within its jurisdiction suitable for designation as wilderness. Having reviewed potential areas in Anaho Island National Wildlife Refuge, we conclude that all of the refuge should be designated wilderness. Established by Executive Order in 1913 as a "preserve and breeding grounds for native birds", the Anaho Island National Wildlife Refuge is located in the southeastern portion of Pyramid Lake in Washoe County, Nevada. The waters of Pyramid Lake are part of the Pyramid Lake Indian Reservation. The island serves as sanctuary for a multitude of nesting birds, including the largest nesting colony of White pelicans on the North American continent. Partially because of upstream diversion of the Truckee River for the Newlands irrigation project and partially because of natural factors, the level of Pyramid Lake has been dropping steadily over the past 100 years, to the point where there is substantial danger that a land bridge from the island to the mainland will be formed. Such a bridge would afford ingress onto the island to predators and thus poses a distinct threat to the island's nesting birds. During- the past few years this Department has been attempting to secure the Pyramid Lake Paiute Indians in the full use and enjoyment of their water rights to the lake. In this regard, we have been engaged in a multi-faceted effort to arrest the drying of the lake. If successful, this effort will also serve to preserve the environment of Anaho . Island. It should be noted that the Solicitor's Office of this Department has determined that title to the relicted lands abutting the island and exposed by the dropping of the lake level lies with the United States as part of the refuge, at least to the extent that such lands are within the boundaries of the original refuge. It should also "be pointed out that the tribe has expressed opposition to the proposal. Essentially, the tribe would prefer to manage the island rather than for the Federal Government to do so. We have given careful consideration to the tribe's views and believe, on balance, that our recommendation is sound. This Department has managed the island since 1913 and will continue to do so after it becomes wilderness. In managing this wilderness area, we shall make every effort to work closely with the tribe. Ho mineral survey of the area has been conducted by the Geological Survey and the Bureau of Mines. Recent volcanism known to be in the area would indicate that this region has potential for geothermal energy. In accordance with the requirements of the Wilderness Act, a public hearing was held on the recommendation at Reno, Nevada, on February 10, 1973. Analyses of the hearing records and written expressions received, together with the letters received from other Federal agencies, are contained in the enclosed synopsis. Enclosed is a draft bill which, if enacted, would incorporate the recommended area of Anaho Island National Wildlife Refuge into the National Wilderness Preservation System. Sincerely yours, p\^M^JU.-I. t~ Acting Assistant Secretary of the Interior The President The White House Washington, D. C. 20500 Enclosure A B I.L.L. To designate all of the Anaho Island National Wildlife Refuge, Washoe County, Nevada, as wilderness. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in accordance with section 3(c) of the Wilderness Act of September 3, I96k (78 Stat. 890, 892; 16 U.S.C. 1132(c)), all lands in the Anaho Island National Wildlife Refuge, Nevada, which comprise approximately 7^7«73 acres and which are depicted on a map entitled "Anaho Island Wilderness Proposal", dated February, 1973, are hereby designated as wilderness. The map shall be on file and available for public inspection in the office of the Bureau of Sport Fisheries and Wildlife, Department of the Interior. SEC. 2. As soon as practical after this Act takes effect, a map of the wilderness area and a description of its boundary shall be filed with the Interior and Insular Affairs Committees of the United States Senate and the House of Representatives and such map and description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such map and description may be made. SEC. 3. The wilderness area designated by this Act shall be known as the "Anaho Island Wilderness" and shall be administered by the Secretary of the Interior in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, and where appropriate any reference in that Act to the Secretary of Agriculture shall be deemed to be a reference to the Secretary of the Interior. SEC. U. Subject to all valid rights existing on the date of enactment of this Act, lands designated as wilderness by this Act are hereby withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral leasing and all amendments thereto. SYNOPSIS ANAHO ISLAND WILDERNESS PROPOSAL A. Introduction This wilderness proposal is perhaps unique among Bureau proposals since Anaho Island National Wildlife Refuge lies entirely within the Pyramid Lake Indian Reservation. Both political entities were created by executive action—the reservation in 1874 by Proclamation and the refuge in 1913 by Executive Order. The slow, natural decline in Pyramid Lake levels has been greatly accelerated the past 80 years by increasing and competing demands for water. The size of Anaho Island has increased accordingly. The ownership of areas thus exposed as well as submerged lands is yet unclear. A solicitor's opinion suggests that if the lake is legally classed as navigable, the Submerged Lands Act would likely apply and title would then rest with the State of Nevada. If the lake is non- navigable, ownership of relicted lands would likely be retained by the Indians along the lake shore and by the public on that portion accruing to the island above the 3,762-foot contour—the lowest elevation on -the submerged land ridge between the island and the lake shore. Indian spokesmen claim ownership of the island; however, a Regional Solicitor's opinion states that the last issued Executive Order takes precedence over any issued earlier on the same area and that the admin- istration of the island as public lands by the Bureau of Sport Fisheries and Wildlife is, therefore, valid.