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EXHIBIT B

Congressional Wilderness &

Public Land ActsKevin S. Kirkeby

Rural CoordinatorOffice of U.S. Senator John Ensign

EXHIBIT B Committee Name Wilderness Document consists of 87 SLIDESEntire document provided.Due to size limitations, pages ________________ provided. A copy of the complete

document is available through the Research Library (775/684-6827) or e-mail library@lcb.state.nv.us. Meeting Date: 3-25-04

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A Presentation for the

Nevada Legislative Committee on Public Lands

Subcommittee to Study Wilderness Areas and Wilderness Study Areas

March 25, 2004

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Presentation OutlinePre-Wilderness historyWilderness Act of 1964Modification/clarification of the WAWilderness statistics (U.S. and NV)Wilderness and Wilderness Study Areas in Ely District BLMPublic Lands legislationConclusionQ & A

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Pre-Wilderness Era1955 - Howard Zahniser envisions a system of wilderness protectionAfter the 66 version, 18 hearing and 8 years, signed into lawZahniser died just months prior

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Wilderness Act of 1964

September 3, 1964 - Signed into law by President Lyndon JohnsonApplied only to USFS, NPS,and USF&WSBLM was excluded

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The Wilderness ActAN 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”

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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

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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)

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Wilderness System Established – Statement of Policy

Composed of federally owned areasDesignated by CongressNo lands shall be designated as wilderness areas except as provided for in this Act or a subsequent Act

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Management of National Wilderness Preservation

System

Areas shall continue to be managed by the department or agency having prior jurisdictionNo appropriations for payment of expenses or salaries for the administration NWPS

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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)

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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…

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Wilderness Values

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

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Classification/Process

Sec. of Ag. Shall, within 10 years, review suitable “primitive” areas for wilderness preservationReport findings to PresidentPresident shall advise U.S. Senate and House of recommendationsNo less than 1/3 of all areas now classified as “primitive”

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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)

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Use of Wilderness Areas

Administering agency responsible for preserving the wilderness characterAnd for other such purposes for which it was establishedExcept as otherwise provided, devoted to the public purposes of recreational, scenic, scientific, educational, conservation and historical use

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Prohibition of Certain Uses

Except as specifically provided and subjectto existing private rights, there shall be no

Commercial enterprisesPermanent or temporary roads (administrative exceptions) Use of motor vehiclesMotorized equipment Motorboats

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Prohibition of Certain Uses cont.

Landing of aircraftOther forms of mechanical transportStructuresInstallations

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Special ProvisionsThe following special provisions arehereby made:

the use of aircraft or motorboats (subject to restrictions) where already establishedMeasures necessary to control fire, insects, and diseasesProspecting for the purpose of gathering information about mineral or other resources (subject to compatibility)

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Special Provisionscont.

Mineral leases and claimsWater resources Grazing

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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)

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Water ResourcesThe 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

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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)

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Other Special Provisions

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

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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 lawsBe construed by affecting the jurisdiction or responsibilities of the several states with respect to wildlife and fish in the national forests

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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 accessSuch lands may be exchanged in the same state for lands of equal value

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State and Private Lands within Wilderness Areas

Mining claims and other valid occupancies shall be granted ingress and egress by customarily enjoyed meansAcquisition of inholdings only by owners concurrence and Congressional authorization

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Other Congressional Acts

1976 - Federal Land Policy and Management Act (FLPMA)1978 - Endangered American Wilderness Act1990 - The Americans with Disabilities Act (ADA)1990 - Arizona Desert Wilderness Act

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Federal Land Policy and Management Act

1976 - Approved by Congress Oct.21 Section 603 authorized BLM participation in the Wilderness ActDirected the Sec. of Interior to review all roadless areas > 5,000 acres for wilderness characteristicsReport findings to President

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Federal Land Policy and Management Act (cont.)

President to advise Senate and House of RecommendationsDesignation of wilderness only effective by Act of CongressDuring the review period Sec. mandated to manage lands in a manner so as not to impair the suitability of such areas for wilderness preservation

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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.”

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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.”

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Americans with Disabilities Act

Nothing in the WA is to be construed as prohibiting the use of a wheelchairPerson must have a disability that requires use of a wheelchairAgencies are not required to provide special treatment, accommodations, facilities or modify land conditions

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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.”

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Arizona Desert Wilderness Act of 1990

AKA Congressional Grazing GuidelinesNo curtailments of grazing simply because an area is designated a wilderness areaAdministrators may not slowly “phase-out” grazingAny grazing adjustments must be result of normal management planning and policy processes

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Arizona Desert Wilderness Act cont.

Anticipated livestock permit numbers will remain at approximate level prior to designationAUM increases allowable if no adverse impacts on wilderness valuesMaintenance of prior existing facilities is permissible

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Arizona Desert Wilderness Act cont.

Occasional use of motorized equipment allowable if no other practical alternatives existFacility replacement/reconstruction not required to be natural materials if costs are unreasonableReplacement and new facilities allowable under resource protection and effective management measures

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Arizona Desert Wilderness Act cont.

Use of motorized equipment for true emergencies is permissibleRule of thumb – activities or facilities established prior to designation as wilderness should be allowed to remain and may be replaced when necessary

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StatisticsThe National Wilderness

Preservation System

104.7 million acres (ma)4.4% total U.S. land base44 ma in Nat. Parks34.7 ma in Nat. Forest20.7 ma in Nat. Wildlife Refuges5.2 ma on BLM lands

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Bureau of Land ManagementNationally

1976 - FLPMA directed BLM to inventory lands having wilderness characteristicsBLM inventoried 174 ma in U.S.1980 - BLM determined 149 ma did not qualifyBLM classified 27.5 ma as WSA’sFLPMA required study be done by 1991Since 1991, Congress designated 5.2 ma

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BLM NevadaChronology

1977 - BLM begins inventory of 49 ma1979 - BLM drops 34 ma from wilderness review and begins and intensive inventory of remaining 15 ma1980 - BLM designates 110 WSA’s, 5.1 ma

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BLM NevadaChronology

1991 - BLM completes state wide wilderness report Recommends designating of 1.9 ma with in 52 WSA’s, release 3.2 ma1992 - President sends report to Congress*

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BLM Nevada

Manages nearly 48 ma67% land base of NVManages 24 wilderness areas in NV83 WSA’s

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Congressional Act in NV

1989 - Congress passes Nevada Wilderness protection Act of 1989 designated Mt. Moriah in WPC2000 - Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area Act created NCA and 10 wilderness areas2002 - Clark County Conservation of Public Land and Natural Resources Act created Sloan Canyon NCA and 18 wilderness areas

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Clark County Land ActPublic Law 107-282

Designated 18 Wilderness Areas233,000 acresReleased 9 WSA’s in whole or part and 1 ISAShall be managed in accordance to the Wilderness ActDoes not restrict special use airspace or military flight training routes

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Clark County Land Actcont.

Created Sloan Canyon NCA 48,438 acresExpanded land disposal boundary by 22,000 acresProvided ROW for electrical linesState shall manage wildlifeConveyed land to UNLV, LV Metro Police Dept., and Henderson (state college).

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Clark County Land ActCont.

“. . . 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.” - 203(a)(b)

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Clark Co. Land ActCont.

Native American Culturaland 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. 206

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Clark County Land Actcont.

“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)

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Clark County Land ActCont.

“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 . . .” –203(d)(3)

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Clark County Land Actcont.

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.”

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BLM Ely DistrictEly Dist. encompasses White Pine, Lincoln, and small eastern portion of Nye CountyComprised of 12 maManages 20 WSA’sComprises 1.27 ma, 10.6%592,167 recommended suitable672,000 recommended non-suitable

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Tri-County HistoryGeographic region consists of Ely Dist. BLM –WP, Lincoln, portion of Nye.1996 - Formation started1997 - MOU SingedPartnership between counties and Ely Dist. BLMUSFS, USF&WS, NDOW joined later

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Tri-County HistoryFormed to create a process to formally share information between organizationsSystem to build trustForm relationshipsOpenly discuss issuesShare ideasReach agreements/consensus

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Tri-County HistoryImplement Make progress

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Tri-County Wilderness

1999 - Started discussing wilderness issues Process that would involve all stakeholders & interested partiesDeveloped listsStarted formation and contacts2001 - Held wilderness workshop in Ely

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Congressional Involvement

2002 - Tri-Counties approached delegation about the best way to proceedContinue meetings w/all partiesCounties formed Technical Review TeamsPublic involvementBuild consensusPresent a compromise plan to WashingtonBroad base support

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Involvement 2003

Senators Ensign and Reid and Congressman GibbonsBLM & USFSCountiesPublic Lands Users Advisory CommitteesWilderness groupsEnvironmental communityPermitteesRecreationists

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Involvement cont.

State of NevadaNDOW and State LandsMining & mineral explorationSouthern NV Water AuthorityDevelopersOHVPublic Others groups & interested parties

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Formation of aPublic Lands Bill

2002 - Clark County Lands Bill presented a good example to work fromNot a blue print but a modelMold to fit unique situations of rural countiesInvolve all stakeholders & publicPublic processApril, 2003 - split into separate Lands Bills

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Land & Resource Issues/concerns

Counties have a lack of private landsSmall tax baseWant more private landsLoss of economic activityLoss of historical & cultural usesImpact permittees & grazingRoad & access concernsPrivate property issues

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Land & Resource Issuescont.

Mining & mineral potentialsWater developments & rightsRight-of-WaysEnforcementWildfire managementDoes not meet wilderness criteriaLoss of local controlLocking up the land

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Additional Concerns

Wildhorse managementRoad maintenanceMismatched WSA boundaries/roadsCommunication sitesMine inside WSAMine encroachmentRailroad line maintenance

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Additional Concerns

Pinyon & Juniper encroachmentInvasive/noxious weedsMultitude of roadsLogical management areasExcessive inholdingsExcessive influence by manUniqueness & special features

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How to Resolve Conflicts

Commitment from NV delegation & staffPublic meetingsMeetings with local gov., stakeholders, and interest groupsTours & fact findingOpen public processPublic review & revisions

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How to Resolve Conflicts

What do we expect/need from all parties?Commitment to continue meetings/processNegotiationNobody is going to get 100%Hopefully, everybody will get enough to support the bill

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How to Resolve the Conflicts

Look for areas of agreementNatural or logical boundariesEnforceable boundariesRedrawing boundaries around developments and inholdingsCherrystem roads, private property, developments, etc.Wide ROW

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How to Resolve Conflicts

Guarantee certain historic usesElimination/addition of certain areasOther Public Lands Bill provisions

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Other Possible Provisions

Land disposals for industrial parks, airports, annexation, and rail facilitiesRecreation studiesOHV and other trail systemsDevelop recreation opportunities on non-wilderness areasFunding possibilities from land salesEcosystem health

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Other Possible Provisions

State parks, prisons and conservation campsUtility CorridorsCommunication sitesChange management of certain USFS landsIncrease management by State ParksLand acquisitions/exchanges

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PossibleLegislation Provisions

Reaffirm certain allowable usesGuarantee certain historical uses and accessLandscape restorationWildfire prevention and control

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Next Steps What is in the future

Continue working on the WP and Lincoln Co. BillsIf successful, use as additional modelsResolve public lands issuesOther Lands Bills (Lyon Co.)Win-Win combinationsAlternative to SNPLMA

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Thank you for yourtime and patience

I would be happy to answer any questions you may have at

this time

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Contact informationKevin Kirkeby, Rural CoordinatorOffice of U.S. Senator John Ensign600 E. William St., Suite 304Carson City, NV 89701775 885-9111775 883-5590 faxKevin_kirkeby @ ensign.senate.govOn the internet: Ensign.senate.gov