2326-MOTORIZED AND MECHANICAL EQUIPMENT USE The use of motorized equipment and mechanized transport will be limited or controlled so that National Forest wilderness is managed for the purposes of the act, while sustaining optimum characteristic wilderness values. To the extent feasible the management goal will be to exclude the sight, sound, and other tangible evidence of motorized equipment and mechanical transport. Travel will be by foot, horse, canoe, or other nonmechanical means consistent with the primitive character of wilderness. Except for special provisions applicable to the Boundary Waters Canoe Area, there is no specific prohibition of overflight of wilderness by aircraft. Low-flying aircraft are becoming increasingly frequent and cause much disturbance of the solitude of the area. Much of this low flight is by military jet aircraft on routine training missions. Other is pleasure flying, often associated with searching for game. Except in bona fide emergencies, such as search and rescue efforts, and essential military missions, low flight should be discouraged. The Federal Aviation Administration has agreed to post an advisory on all section charts, establishing a 3,000-foot limit above terrain over wilderness. Flight within that 3,000-foot zone would be discouraged. Where low overflight is a problem, or expected to become a problem, wilderness management plans will provide for liaison with proper military authorities and contact with pilots in the general area in an effort to reduce low flight. 2326.04-Responsibility 2326.04a-Chief The Chief approves any use of motor vehicles and motorized equipment, except as assigned to the Regional Forester (FSM 2326.04b) and the Forest Supervisor (FSM 2326.04c). 2326.04b-Regional Forester The Regional Forester may approve: 1. Transport and supply by aircraft, air drop, motor boat, or mechanical transport for situations fitting conditions under items 1b, lc, and 1d of FSM 2326.11. 2. Motorized equipment of a hand-portable size for needs fitting conditions under items 1b, lc, and ld of FSM 2326.11. 3. Motorized ground equipment not designed for personnel transport and of a type or size that is controlled from a position afoot. 2326.04c-Forest Supervisor The Forest Supervisor may approve use of motorized or mechanical equipment under conditions described in FSM 2326.11, item la, except the use of tractors for fire suppression. 2326.1-Conditions under which use may be approved Except that aircraft or motorboat use, where established prior to September 3, 1964, may be allowed to continue, and except as otherwise authorized for mining or prospecting purposes (FSM 2323.7), or in accordance with provisions for ingress to and egress from private lands (FSM 2326.14), or as necessary to meet the minimum needs for the proper protection or administration of the wilderness, and in emergencies, the use of mechanical transport or motorized equipment will not be allowed. The fact that use of motorized equipment is allowed by the Wilderness Act under the above exceptions does not imply that such use is compatible with wilderness. The Congress merely recognized that it is necessary to provide for such exceptions in order to meet the minimum needs for such activities in meeting the purposes of the Wilderness Act. The management plan for each wilderness will specify the places and the circumstances in which motorized equipment, mechanical transport, or aircraft are necessary to meet the minimum requirements for authorized activities to protect and administer the wilderness and its resources. 2326.11-Forest Service official use 1. Types of use permitted.-Very few activities and situations within wildernesses justify or require the use of motorized equipment and/or mechanical transportation (FSM 2320.3). Such use may be permitted only if the situation meets at least one of the following conditions: a. It is obvious that the situation involves an inescapable urgency and temporary need for speed beyond that available by primitive means. Examples are: (1) Fire suppression.-Fire suppression may demand urgent action. Motorized equipment and mechanical transport may be used for the period of the emergency. Evidences and damages resulting from overland vehicle travel will be obliterated or repaired, as a cost of the fire, in a manner that allows the wilderness to heal rapidly. (2) Health and safety.-Motorized equipment and mechanical transport may be allowed when an emergency condition exists which involves the health and safety of human beings. This may also include the removal of deceased persons from the wilderness. (3) Law enforcement.-Motorized equipment necessary to meet emergencies involving serious violations of criminal law and/or including the pursuit of fugitives. b. A delivery or application problem exists which cannot reasonably be met with the use of primitive methods. A solution to the problem is necessary to meet wilderness objectives. Examples would be delivery of supplies or material to construct or maintain improvements necessary for management of the area for the purposes of the act and which cannot reasonably be delivered by pack and saddle stock, or removal of crashed aircraft by helicopter if it cannot be removed by pack and saddle stock. c. An activity essential for administering the wilderness is confined by limitations of time, season, primitive manual skills, or other material restriction which makes the job impossible by primitive methods. Examples are: (1) Maintenance of trails and other improvements.-Powered hand-portable tools, such as chain saws and rock drills, may be approved in those cases where it will not be possible to accomplish the work with nonpowered handtools. Regional Foresters will approve use of motorized hand-held equipment. (2) Construction and restoration of trails and other improvements.-Powered handportable tools, such as chain saws and rock drills may be needed. Primitive transport of personnel and normal supplies will be maintained. (3) Geodetic control.-Helicopters may be approved to establish geodetic control on points where it cannot reasonably be done by foot or horse travel. d. A necessary and continuing program was established before the unit was incorporated into the National Wilderness Preservation System on the basis of using motorized equipment, and its continued use is essential to continuation of the program. 2. Review and approval. The use of motorized equipment and mechanical transport consistent with these conditions is subject to the review and approval as specified in FSM 2326.04. Once it has been decided that motorized equipment, aircraft, or mechanical transport must be used, that equipment which is suitable and will result in the least lasting impact on the wilderness resource will be selected. Use will be scheduled, where possible, at times and locations which will have the least impact on wilderness visitors. 2326.12-Other Government agency official use. Other Government agencies will follow the same guidelines described for Forest Service use (FSM 2326.11). Requests for permission to use motorized or mechanical equipment must be justified on a basis other than efficiency, economy, or convenience. Approval will be on the same basis as for comparable Forest Service activity, except as provided below. 1. For policy governing access for snow surveys, see FSM 2323.43a. 2. Special consideration for topographic mapping and mineral studies of wildernesses and primitive areas by the Geological Survey and Bureau of Mines is shown in exhibit 1. Hon. CHARLES L. SCHULTZE, EXHIBIT 1 U.S. DEPARTMENT OF THE INTERIOR, GEOLOGICAL SURVEY, Washington, D.C., May 23, 1967. DEAR MR. SCHULTZE: On February 16 representatives of the Geological Survey, Forest Service, and Bureau of the Budget met to discuss possible use of helicopters by the Geological Survey in connection with its activities in Nationa! Forest Wilderness. In discussing the uses prohibited by the Wilderness Act and the relationships of these prohibitions to operations by government agencies, the Forest Service representatives cited Section 4(c) of the Act, which provides that the land ing of aircraft and certain other uses are prohibited "*** except as necessary to meet the minimum requirements for the administration of the area for the purposes of this Act." In accordance with the request of the Bureau of the Budget, the Geological Survey made an analysis of its use of helicopters in Primitive Area mineral surveys and in topographic mapping, as contrasted to the use of other means of transportation. This analysis is summarized in a March 9 memorandum to the Chief of the Forest Service (copy enclosed). Following this analysis, a meeting was held between Geological Survey and Forest Service personnel on March 22, at which the following points were agreed upon: MINERAL SURVEYS The mineral surveys are specifically required by the Act; while the Act does not specify a deadline, it was agreed that Congress probably intended the first review of Wilderness units to be completed before the automatic withdrawal of these lands from mineral location on December 31, 1983. The Act provides the surveys must be "*** consistent with the concept of wilderness preservation. * * *” The Geological Survey analysis, based on the experience of recent mineral surveys of Primitive Areas, shows that the staff of experience geologists is too small to complete the surveys prior to 1984 without taking advantage of time savings to be gained through the use of helicopters. This experience indicates that a total of about 7 years, or until FY 1971, will be required to complete the field study of 51⁄2 million acres of Primitive Areas with the use of helicopters. The Geological Survey will be unable to make a significant start on mineral studies of the Wilderness System until FY 1971, by which time the Primitive Area studies will have been completed. The mineral surveys of the 9.1 million acres in the Wilderness System must be completed by 1980 if the public is to receive the published information well in advance of the December 31, 1983, withdrawal date. The topography and geologic complexity of Wildernesses and Primitive Areas are roughly comparable; accordingly, the time required for the mineral studies of the Wilderness System will be significantly greater than for the Primitive Areas. In view of the above, it was agreed that helicopters may be used for mineral surveys in the Wilderness System on the same basis that they have been approved for use in Primitive Areas. This means that the actual use will be worked out locally on a case-by-case basis, with the Geological Survey making the decision whether or not helicopters are necessary, after consulting with the Forest Supervisor(s) involved. Size and topography of some areas are such that helicopters will not be necessary. It was also agreed that helicopter use will be very carefully planned as to timing and routes of travel, so as to attract the least possible attention by wilderness visitors. Local Forest Officers will be kept informed of Geological Survey plans and programs; they, in turn, will give the necessary publicity to explain the reasons for the activity. TOPOGRAPHIC MAPPING It was also agreed that good topographic maps are necessary as a base for adequate mineral surveys. Geological Survey map records show that: 630 7-minute quadrangles are wholly or partly within the Wilderness System. 100, or about 16 percent, of these quadrangles still require ground control and other field surveys for topographic mapping. Access will be needed for this purpose. 530, or about 84 percent, of these quadrangles already have topographic maps or have the field work completed; access to these areas is not required to provide topographic maps for the mineral surveys. To insure that topographic maps are available for mineral surveys as needed in 1970 and thereafter, mapping of some areas must commence within a year, field surveys of all areas must be completed by 1978. This means that as of now a maximum of 12 years are available to plan and complete the mapping of 16 percent of the Wilderness System, for which maps are not now available for adequate mineral survey purposes. During the past two years, a policy has been followed of allowing the use of helicopters for access to those points which cannot reasonably be reached by horse, but not for those points readily accessible by horse. Such a determination is made on a project-by-project basis and requires a point-by-point analysis by people familiar with the country when the mapping project is being planned. For this reason, final approval for access in connection with topographic surveys has been delegated to the Regional Foresters. This is consistent with the policy applicable to a wide range of activities not specifically referred to in the Wilderness Act but which must be carried out by the Forest Service and cooperating agencies within National Forest Wilderness. This policy is that such activities should not involve the use of helicopters or other nonconforming equipment or installations if the work can reasonably be done by using compatible forms of travel and equipment. An example of the application of this policy is a 1966 decision involving the Selway-Bitterroot Wilderness in Montana, wherein helicopters were permitted to establish control on 14 points and disapproved for work on 10 points. With about 84 percent of the Wilderness now covered by topographic maps adequate for mineral survey purposes, and with almost 4 years before mineral survey work in the Wildernesses is fully underway, time limits on mapping are not so critical as those on mineral surveys themselves. Therefore, in the opinion of the Forest Service, the information available does not, under the Wilderness Act and Secretary of Agriculture's regulations, justify departure from this general policy. Consideration must continue to be on a point-by-point basis, but approval has been delegated to the Regional Foresters. Local Forest Officers will cooperate fully with Geological Survey field parties in helping them arrange for the necessary horses, equipment, and packers, or when helicopter use is appropriate, they will cooperate in scheduling such use to minimize conflicts with the public. The Forest Service agreed that, if a real time bind develops concerning any topographic mapping job on which the mineral studies depend, special consideration will be given to the needs indicated at that time. There is no argument but that the use of helicopters usually will make the accomplishment of field surveys easier, less costly, and more efficient. The use of helicopters also greatly conserves the time of the limited field force available for the National Topographic Program. On the other hand, it was also agreed that it is possible to do such work under the policy which has been followed during the last 2 years. In addition, the Geological Survey estimates that the average cost of producing a 72-minute topographic quadragle map is increased by about $1,600 when horse and foot transportation is used rather than helicopters. The Geological Survey will continue to evaluate the time, cost, and personnel required to complete the remaining topographic surveys needed for the mineral studies. In those cases where nonhelicopter field operations are used, this study will provide information on which budgets can be based or reprograming effected to provide the additional funds and personnel required to accomplish the task by these methods. Sincerely yours, ARTHUR A. BAKER, Acting Director, Geological Survey. 2326.13-Valid occupancy of national forest land. Chief, Forest Service. Approval for the use of motorized equipment and/or mechanical transport will be conditioned upon the same criteria stipulated for approval of Forest Service administrative use (FSM 2326.11). This will also apply to those valid reserved mineral rights on acquired land principally in wilderness in the East, where the minerals regulation (35 CFR 252) does not apply. For policy on the use of motorized machinery on mining claims, see FSM 2323.7. 2326.14-Access to surrounded non-Federal land. For the basic policy, see FSM 2320.3, item 8c. 2327-RECORDS AND REPORTS 2327.1-Annual report to Congress. The Secretaries of Agriculture and the Interior are required to jointly report to the President on the status of the National Wilderness Preservation System at the opening of each session of the Congress. Since the reports must be submitted to the President in January, reports from the Regions are due in the Washington Office by November 15 of each year. The Washington Office will arrange appropriate coordination with the Department of the Interior. PUBLIC USE OF MOTORIZED ACCESS WITHIN WILDERNESS Public use of motorized access within Wilderness has been limited to the following: Boundary Waters Canoe Area--no aircraft use; specified lakes for motorboat use; two portages for snowmobile use. Selway-Bitterroot Wilderness-3 airstrips opuen for public use. Several private airstrips within area. Idaho Primitive Area-8 airstrips open for public use. Also 11 private airstrips within area. There are numerous Wildernesses in the western United States where other agency use of helicopters for snow measurements is authorized. On several occasions permission has been given to contracts for delivery of materials by helicopter. Also the USGS and BM has used helicopters for personnel transport for topographic mapping and mineral surveys. Private access to private lands or valid reserved mineral rights is provided for under Forest Service Manual instructions. Mr. CUTLER. Mr. Chairman, the point as far as I am concerned is that access to these vast Alaskan areas has to be allowed by plane or to the edge of it by motorboat. That is the only way you can get there. But there is a difference, it seems to me, in permitting unconfined use of motorboats and snowmobiles within the boundaries of the wilderness area. Access to it is one thing. Use within the area is something else. Mr. YOUNG. Mr. Chairman, one more comment. I would like to respectfully disagree. Access to the 13 million acres, that is a long way to cross. Access to this area, I am not sure of the acreage in it, that is a long ways across that. Mr. HERBST. 1.13 million. Mr. YOUNG. Think of the Artic Wildlife which has 7.8, I believe, and how are you going to get to the edge? Mr. CUTLER. The point established in wilderness areas is not only to provide a recreational experience but to provide a wildlife habitat. Mr. YOUNG. Well, again, can you testify to the wildlife habitat in the Kenai Range, has been detrimental to the moose; that the Kenai. Mr. REFFALT. No, sir. Mr. YOUNG. That is what I am asking. What advantage is it to put it in the wilderness? If I understand this correctly, which brings me to another question, under the designation of wilderness, would that prevent or improve the moose habitat? Mr. REFFALT. I think, Mr. Chairman and Mr. Congressman Young, the areas that I have selected here for including in the wilderness system would be best managed, the wildlife habitat contained there would be best managed in the wildlife system. It provides the kind of protection to the camping grounds, to these areas here used by a variety of wildlife, it requires vegetation zones for just being left alone. It is very productive for wildlife. The wintering grounds, some of the migration route where it is desirable, some of the access routes for the hunters, these have been excluded from the wilderness, Congressman. Mr. YOUNG. Again I disagree with the concept of the wildlife and management concept. Because I think you can improve anything. There is such a thing as construction of a hatchery being proposed in the Kenai, is that proposed in this area? Mr. REFFALT. No, sir. |