Congressional Wilderness & Public Land Acts

Transcription

1 EXHIBIT B Congressional Wilderness & Public Land Acts Kevin S. Kirkeby Rural Coordinator Office of U.S. Senator John Ensign EXHIBIT B Committee Name Wilderness Document consists of 87 SLIDES Entire document provided. Due to size limitations, pages provided. A copy of the complete document is available through the Research Library (775/ ) or library@lcb.state.nv.us. Meeting Date:

2 A Presentation for the Nevada Legislative Committee on Public Lands Subcommittee to Study Wilderness Areas and Wilderness Study Areas March 25,

3 Presentation Outline Pre-Wilderness history Wilderness Act of 1964 Modification/clarification of the WA Wilderness statistics (U.S. and NV) Wilderness and Wilderness Study Areas in Ely District BLM Public Lands legislation Conclusion Q & A 3

4 Pre-Wilderness Era Howard Zahniser envisions a system of wilderness protection After the 66 version, 18 hearing and 8 years, signed into law Zahniser died just months prior 4

5 Wilderness Act of 1964 September 3, Signed into law by President Lyndon Johnson Applied only to USFS, NPS, and USF&WS BLM was excluded 5

6 The Wilderness Act AN ACT To establish a National Wilderness Preservation System for the permanent good of the whole people and for other purposes SHORT TITLE may be cited as the Wilderness Act 6

7 Wilderness System Established Statement of Policy... assure that an increasing population, accompanied by expanding settlement and growing mechanization, does not occupy and modify all areas within the U.S. and its possessions, leaving no lands designated for preservation and protection in their natural condition 7

8 Wilderness System Established Statement of Policy (cont.) Declared to be the policy of Congress to secure the benefits of an enduring resource of wilderness to the American people and future generations Establish a National Wilderness Preservation System (NWPS) 8

9 Wilderness System Established Statement of Policy Composed of federally owned areas Designated by Congress No lands shall be designated as wilderness areas except as provided for in this Act or a subsequent Act 9

10 Management of National Wilderness Preservation System Areas shall continue to be managed by the department or agency having prior jurisdiction No appropriations for payment of expenses or salaries for the administration NWPS 10

11 Definition of Wilderness A wilderness, in contrast with those areas where man and his works dominate the landscape, is hereby 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. - Sec. 2 (c) 11

12 Definition of Wilderness Further defined to mean an area of undeveloped federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to preserve its natural conditions 12

13 Wilderness Values Generally appears to have been affected by forces of nature w/o man s imprint Has outstanding opportunities for solitude, primitive, and unconfined type of recreation At least 5,000 acres (or sufficient size) Contain ecological, geological, scientific, educational, scenic, and historical values 13

14 Classification/ Process Sec. of Ag. Shall, within 10 years, review suitable primitive areas for wilderness preservation Report findings to President President shall advise U.S. Senate and House of recommendations No less than 1/3 of all areas now classified as primitive 14

15 Congressional Approval Each recommendation of the President for designation as wilderness shall become effective only if so provided by an Act of Congress. Sec. 3 (b) 15

16 Use of Wilderness Areas Administering agency responsible for preserving the wilderness character And for other such purposes for which it was established Except as otherwise provided, devoted to the public purposes of recreational, scenic, scientific, educational, conservation and historical use 16

17 Prohibition of Certain Uses Except as specifically provided and subject to existing private rights, there shall be no Commercial enterprises Permanent or temporary roads (administrative exceptions) Use of motor vehicles Motorized equipment Motorboats 17

18 Prohibition of Certain Uses cont. Landing of aircraft Other forms of mechanical transport Structures Installations 18

19 Special Provisions The following special provisions are hereby made: the use of aircraft or motorboats (subject to restrictions) where already established Measures necessary to control fire, insects, and diseases Prospecting for the purpose of gathering information about mineral or other resources (subject to compatibility) 19

20 Special Provisions cont. Mineral leases and claims Water resources Grazing 20

21 Mineral leases and claims Notwithstanding any other provisions of the Act until midnight December 31, 1983, the U.S. mining laws and all laws pertaining to mineral leasing shall, to the same, prior to the effective date of this Act, extend as applicable to those national forest lands designated by this Act as Wilderness (subject to regulation) 21

22 Water Resources 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 maintenance of reservoirs, water conservation works, power projects, transmission lines, and other facilities needed in the public interest which shall include road construction and maintenance essential to development and use of the above 22

23 Livestock Grazing The grazing of livestock, where established prior to the effective date of this Act, shall be permitted to continue subject to such reasonable regulations as are deemed necessary by the Secretary of Agriculture. Sec. 4 (d) (4) 23

24 Other Special Provisions Commercial services may be performed... which are proper for realizing the recreational or other wilderness purposes of the areas 24

25 Other Special Provisions Nothing in this Act shall Constitute an expression, implied claim, or denial on the part of the Federal Government as an exemption from the State water laws Be construed by affecting the jurisdiction or responsibilities of the several states with respect to wildlife and fish in the national forests 25

26 State and Private Lands within Wilderness Areas In any case where state or privately owned land is completely surrounded (inholdings) by wilderness, owner shall be given rights to assure adequate access Such lands may be exchanged in the same state for lands of equal value 26

27 State and Private Lands within Wilderness Areas Mining claims and other valid occupancies shall be granted ingress and egress by customarily enjoyed means Acquisition of inholdings only by owners concurrence and Congressional authorization 27

28 Other Congressional Acts Federal Land Policy and Management Act (FLPMA) Endangered American Wilderness Act The Americans with Disabilities Act (ADA) Arizona Desert Wilderness Act 28

29 Federal Land Policy and Management Act Approved by Congress Oct.21 Section 603 authorized BLM participation in the Wilderness Act Directed the Sec. of Interior to review all roadless areas > 5,000 acres for wilderness characteristics Report findings to President 29

30 Federal Land Policy and Management Act (cont.) President to advise Senate and House of Recommendations Designation of wilderness only effective by Act of Congress During the review period Sec. mandated to manage lands in a manner so as not to impair the suitability of such areas for wilderness preservation 30

31 Endangered American Wilderness Act Fires, Insects, and Disease The Wilderness Act permits any measures necessary to control fire, insect outbreaks, and disease in wilderness Areas. This includes the use of mechanized equipment, the building of fire roads, fire towers, fire breaks, fire pre-suppression facilities where necessary, and other techniques for fire control. In short, anything necessary for the protection of public health or safety is clearly permissible. 31

32 Endangered American Wilderness Act... mechanized vehicle use may be necessary and appropriate in emergencies or for the proper administration of an area. As a rule, there should be no altitude limits on aircraft over flight in wilderness areas. 32

33 Americans with Disabilities Act Nothing in the WA is to be construed as prohibiting the use of a wheelchair Person must have a disability that requires use of a wheelchair Agencies are not required to provide special treatment, accommodations, facilities or modify land conditions 33

34 Americans with Disabilities Act Definition... The term wheelchair means a device designed solely for use by a mobility-impaired person for locomotion, that is suitable for use in an indoor pedestrian area. 34

35 Arizona Desert Wilderness Act of 1990 AKA Congressional Grazing Guidelines No curtailments of grazing simply because an area is designated a wilderness area Administrators may not slowly phase-out grazing Any grazing adjustments must be result of normal management planning and policy processes 35

36 Arizona Desert Wilderness Act cont. Anticipated livestock permit numbers will remain at approximate level prior to designation AUM increases allowable if no adverse impacts on wilderness values Maintenance of prior existing facilities is permissible 36

37 Arizona Desert Wilderness Act cont. Occasional use of motorized equipment allowable if no other practical alternatives exist Facility replacement/reconstruction not required to be natural materials if costs are unreasonable Replacement and new facilities allowable under resource protection and effective management measures 37

38 Arizona Desert Wilderness Act cont. Use of motorized equipment for true emergencies is permissible Rule of thumb activities or facilities established prior to designation as wilderness should be allowed to remain and may be replaced when necessary 38

39 Statistics The National Wilderness Preservation System million acres (ma) 4.4% total U.S. land base 44 ma in Nat. Parks 34.7 ma in Nat. Forest 20.7 ma in Nat. Wildlife Refuges 5.2 ma on BLM lands 39

40 Bureau of Land Management Nationally FLPMA directed BLM to inventory lands having wilderness characteristics BLM inventoried 174 ma in U.S BLM determined 149 ma did not qualify BLM classified 27.5 ma as WSA s FLPMA required study be done by 1991 Since 1991, Congress designated 5.2 ma 40

41 BLM Nevada Chronology BLM begins inventory of 49 ma BLM drops 34 ma from wilderness review and begins and intensive inventory of remaining 15 ma BLM designates 110 WSA s, 5.1 ma 41

42 BLM Nevada Chronology BLM completes state wide wilderness report Recommends designating of 1.9 ma with in 52 WSA s, release 3.2 ma President sends report to Congress* 42

43 BLM Nevada Manages nearly 48 ma 67% land base of NV Manages 24 wilderness areas in NV 83 WSA s 43

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45 Congressional Act in NV Congress passes Nevada Wilderness protection Act of 1989 designated Mt. Moriah in WPC Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area Act created NCA and 10 wilderness areas Clark County Conservation of Public Land and Natural Resources Act created Sloan Canyon NCA and 18 wilderness areas 45

46 Clark County Land Act Public Law Designated 18 Wilderness Areas 233,000 acres Released 9 WSA s in whole or part and 1 ISA Shall be managed in accordance to the Wilderness Act Does not restrict special use airspace or military flight training routes 46

47 Clark County Land Act cont. Created Sloan Canyon NCA 48,438 acres Expanded land disposal boundary by 22,000 acres Provided ROW for electrical lines State shall manage wildlife Conveyed land to UNLV, LV Metro Police Dept., and Henderson (state college). 47

48 Clark County Land Act Cont.... the grazing of livestock in areas in which grazing is established as of the date of enactment of this Act shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers necessary, consistent with section 4(d)(4) of the Wilderness Act (a)(b) 48

49 Clark Co. Land Act Cont. Native American Cultural and Religious Uses Nothing in this Act shall be construed to diminish the rights of any Indian Tribe. Nothing in this Act shall be construed to diminish tribal rights regarding access to Federal Lands for tribal activities, including spiritual, cultural, and traditional food-gathering activities. -Sec

50 Clark County Land Act cont. Nothing in this Act shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the lands designated as Wilderness by this Act. 203(d)(2)(A) 50

51 Clark County Land Act Cont. The Secretary shall follow the procedural and substantive requirements of the law of the State of Nevada in order to obtain and hold any water rights not in existence on the date of enactment of this Act (d)(3) 51

52 Clark County Land Act cont. Adjacent Management Congress does not intend for the designation of wilderness in the State pursuant to this title to lead to the creation of protective perimeters or buffer zones around any such wilderness area The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness designated under this title shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area. 52

53 BLM Ely District Ely Dist. encompasses White Pine, Lincoln, and small eastern portion of Nye County Comprised of 12 ma Manages 20 WSA s Comprises 1.27 ma, 10.6% 592,167 recommended suitable 672,000 recommended non-suitable 53

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56 Tri-County History Geographic region consists of Ely Dist. BLM WP, Lincoln, portion of Nye Formation started MOU Singed Partnership between counties and Ely Dist. BLM USFS, USF&WS, NDOW joined later 56

57 Tri-County History Formed to create a process to formally share information between organizations System to build trust Form relationships Openly discuss issues Share ideas Reach agreements/consensus 57

58 Tri-County History Implement Make progress 58

59 Tri-County Wilderness Started discussing wilderness issues Process that would involve all stakeholders & interested parties Developed lists Started formation and contacts Held wilderness workshop in Ely 59

60 Congressional Involvement Tri-Counties approached delegation about the best way to proceed Continue meetings w/all parties Counties formed Technical Review Teams Public involvement Build consensus Present a compromise plan to Washington Broad base support 60

61 Involvement 2003 Senators Ensign and Reid and Congressman Gibbons BLM & USFS Counties Public Lands Users Advisory Committees Wilderness groups Environmental community Permittees Recreationists 61

62 Involvement cont. State of Nevada NDOW and State Lands Mining & mineral exploration Southern NV Water Authority Developers OHV Public Others groups & interested parties 62

63 Formation of a Public Lands Bill Clark County Lands Bill presented a good example to work from Not a blue print but a model Mold to fit unique situations of rural counties Involve all stakeholders & public Public process April, split into separate Lands Bills 63

64 Land & Resource Issues/concerns Counties have a lack of private lands Small tax base Want more private lands Loss of economic activity Loss of historical & cultural uses Impact permittees & grazing Road & access concerns Private property issues 64

65 Land & Resource Issues cont. Mining & mineral potentials Water developments & rights Right-of-Ways Enforcement Wildfire management Does not meet wilderness criteria Loss of local control Locking up the land 65

66 Additional Concerns Wildhorse management Road maintenance Mismatched WSA boundaries/roads Communication sites Mine inside WSA Mine encroachment Railroad line maintenance 66

67 Additional Concerns Pinyon & Juniper encroachment Invasive/noxious weeds Multitude of roads Logical management areas Excessive inholdings Excessive influence by man Uniqueness & special features 67

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75 How to Resolve Conflicts Commitment from NV delegation & staff Public meetings Meetings with local gov., stakeholders, and interest groups Tours & fact finding Open public process Public review & revisions 75

76 How to Resolve Conflicts What do we expect/need from all parties? Commitment to continue meetings/process Negotiation Nobody is going to get 100% Hopefully, everybody will get enough to support the bill 76

77 How to Resolve the Conflicts Look for areas of agreement Natural or logical boundaries Enforceable boundaries Redrawing boundaries around developments and inholdings Cherrystem roads, private property, developments, etc. Wide ROW 77

78 How to Resolve Conflicts Guarantee certain historic uses Elimination/addition of certain areas Other Public Lands Bill provisions 78

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80 Other Possible Provisions Land disposals for industrial parks, airports, annexation, and rail facilities Recreation studies OHV and other trail systems Develop recreation opportunities on nonwilderness areas Funding possibilities from land sales Ecosystem health 80

81 Other Possible Provisions State parks, prisons and conservation camps Utility Corridors Communication sites Change management of certain USFS lands Increase management by State Parks Land acquisitions/exchanges 81

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83 Possible Legislation Provisions Reaffirm certain allowable uses Guarantee certain historical uses and access Landscape restoration Wildfire prevention and control 83

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85 Next Steps What is in the future Continue working on the WP and Lincoln Co. Bills If successful, use as additional models Resolve public lands issues Other Lands Bills (Lyon Co.) Win-Win combinations Alternative to SNPLMA 85

86 Thank you for your time and patience I would be happy to answer any questions you may have at this time 86

87 Contact information Kevin Kirkeby, Rural Coordinator Office of U.S. Senator John Ensign 600 E. William St., Suite 304 Carson City, NV fax ensign.senate.gov On the internet: Ensign.senate.gov 87