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dberdinka

Bolting Moratorium in NCNP

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So I missed this development over the summer.

 

"On May 13, 2013 the National Park Service released a policy directive entitled Director's Orders #41 (Wilderness). The policy allows parks to authorize fixed anchors through development of a Climbing Management or similar Plan only if the activity is deemed appropriate in that park."

 

This was generally considered to be good news for climbers as it was not a blanket ban that many expected. However North Cascades National Park has apparently had a two-fold response.

 

1) NCNP has established a mandatory moratorium on installing new fixed anchors. "However, the NPS intends to engage the public in a planning process to address climbing related issues as time and resources allow."

 

2) More controversially the park service has been chopping existing anchors as well. They've been accused of chopping relatively new bolted rap anchors on the heavily used gully descent off the west ridge of Forbidden Peak. It's been suggested that the recent fatality on Forbidden may have been avoided had these anchors been in place.

 

I'm personally bothered by their rather draconian approach for a number of reasons. In large part it amounts to mentality that a certain perceived stasis must be enforced with no regards to actual historical, cultural or environmental merit. For example NCNP claims the moratorium exists "In order to preserve a wilderness experience that reflects a raw style of mountaineering in a range that has changed little since Fred Beckey made first ascents of now-popular peaks." Yet Fred Beckey was willing to drill MANY bolts on numerous first ascents in the North Cascades and elsewhere if they proved necessary. Witness the East Buttress of South Early, Flagpole Needle in the Enchantments, Baron Spire in the Sawtooths or Zeus and Moses in Canyonlands. Nothing jumps out at me in NCNP proper but thats a rock quality issue more than some self-enforced raw style of climbing.

 

Of course the number of bolts that have proliferated within NCNP over the last 50 years is ridiculously low.

 

Yet if climbers are to have the ability to explore new lines inevitably they will be pushed out on to more imposing and blanker faces that could potentially require the judicious use of bolts.

 

So the question remains

 

Is removal of existing anchors part of their official policy?

When and will they actually develop a climbing management plan that involves the input of the community? (Of course I should probably call them up and ask!)

 

 

Any thoughts?

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Luckily, the Ragged Edge is not in NCNP. The USFS doesn't have the manpower and zealotry to compete with the NPS, at least in the MBSNF.

 

Personally, I think Forbidden is the perfect location for well placed bolted anchors. I've often thought that while descending the east ledges raps on somewhat junky stations, right next to perfect slabs of rock. A cleaner line too. I'm not as familiar with the late season descent next to the WR couloir, but I imagine that it is somewhat similar.

 

That would be unfortunate if the recent accident was partially as a result of the bolt chopping. Does anyone have any more details on this??

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It's the sort of intransigence that doesn't recognize or acknowledge that the West Ridge of Forbidden is unique in that it gets an enormous % of the total technical climbing usage in the range by climbers of all levels of ability. That this is one place where good fixed anchors might really be appropriate.

Edited by dberdinka

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Yes, a perfect example of why blanket policies rarely apply everywhere intelligently.

 

Are you contacting Kelly to get the straight scoop? I guess it wouldn't hurt to have multiple folks contacting them. Or, they could save us all the trouble and chime in here!

 

 

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Darin,

 

Please don't take this as an attack, but I'm curious what your position on bolts in the mountains is, seeing how you've bolted new routes on Vesper and are advocating their use in the NCNP yet publicly stated your opposition to them at Washington Pass.

 

The continued comfortization of Washington Pass is weak sauce.

 

Bolts added to 4th class climbs, top-down power-drilled sport climbs on the east faces of Liberty Bell and South Early. Now convenience rap stations where 1000's managed without.

 

Yeah sure it's next to a highway blah-blah-blah. But they are still some of our more outstanding mountains and the continual need to keep dumbing down the climbing experience in the alpine is sad. All the more so in that it's being done for a profit motive (So what Sol said!).

 

So y'all have fun with their handy work! I'm super glad you're all going to be able to get home now 5 minutes quicker.

Edited by DPS

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I'm not a big fan of the concept of sport-routes in wilderness, but chopping the rap-station on a popular climb is an outrage and if this was a proximate cause of the recent fatality (and if it's actually true) then someone should be held accountable. Thanks to the NCCC and NCNP management's successful campaign to close virtually all road access, this park is now one of the least-visited national parks in the nation. Green-club rangers who toss registers off summits, kick over cairns (I assume), torch public shelters, force-march improperly permitted climbers back to Marblemount, and opine in local papers is another. It is for these reasons and more that the proposal to expand NCNP has little support from the people who actually use it--and even less from the people who live nearby.

Edited by Fairweather

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My position is inconsistent :laf:.

 

Or maybe more accurately my position is not expressedly for or against which in this polarized era of debate will obviously confuse people.

 

So my position is "Used judiciously when clean gear is generally not available they can be an asset."

 

Though I've placed quite a few up there myself WA Pass has seen in my mind the excessive use of unnecessary bolts in recent years. To whit adding another rappel route to a peak that already has a retro-bolted rappel route strikes me as excessive.

 

On Vesper we established the route ground up hand drilling 2 bolts and using generally mediocre pins for protection and anchors. Considering that pins are a complete relic I felt justified in replacing beak placements and tied off pin belays with bolts (SS power bolts at that). There are more great lines to do on Vesper. Considering the heavy levels of munge on that wall if I head back it will be top down. At that point feel free to call me a hypocrite.

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The rap bolts coming down from the west ridge notch on Forbidden were placed by a local guide (maybe he will chime in here, maybe not) last year if I remember right, and the story goes that there were rangers who heard him hammering them in from the ridge, and came back a few days later to chop them. Everyone involved are friends of mine, so I really don't want to be too judgmental, but that was pretty much the first thing I thought about when I heard about the recent accident. Supposedly the bolts were placed on a cleaner rap line (less loose rock laying around).

 

I myself was hit by a rock while rappelling there six years ago (there is a trip report on this site), and things got pretty serious because we were on a chossy ledge and I was very nearly killed by a second rock that popped when I weighted our anchor as I tried to stop the bleeding. That whole area to the lookers left of the couloir is covered in random trash and rap stations, which could be really cleaned up by a few bolts. So what I'm getting at is that on a super popular route like that, where bolts are far safer and cleaner, what's the problem?

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Thanks for the background Dan. I plan to contact Kelly and voice my support for establishing some bolted raps stations on Forbidden, not that it will probably matter. There have been one too many loose rock related accidents on the descent of Forbidden, and the popularity isn't going to wane anytime soon.

 

And though your position may be confusing Darin, I think it is intelligent, and I tend to agree.

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Two thoughts:

 

1. The Park and the Wilderness are two different beast, and should be managed differently. My take on the park is allow anchors where people will use them. It's a park.

 

2. Wilderness starts as a philosophical construct: a place free from the alterations of Man. As such, we should modify our actions to meet the philosophy, not the other way around. Sometimes this means making tough sacrifices.

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I doubt that they have any legal standing to remove anchors, and in so doing could open themselves up to liability.

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I doubt that they have any legal standing to remove anchors, and in so doing could open themselves up to liability.

 

But that's what happened. A lone bolted station already existed (the last rappel out of the gully, if memory serves), when someone added three more bolted rappel stations by hand, a fourth station using cord because they had run out of time in the day, and removed over 10 lbs of tat. Yet the NOCA NPS argued that these anchors set a dangerous precedent that could lead to sport climbing on Forbidden, and sent up a ranger team less than a week later to remove all the stations - including the one that already existed.

 

Everyone I climb Forbidden with comments on how prolific tat is on the mountain - it seems like every descending rib feature on the west and east ridges has a sling every 30m. The descent from the West Notch is even worse - in my mind, there are three obvious ribs, and each has cord every 15-30 meters down. I've now done the rap descent 3 times in the last two months, and I've noticed new slings and cord added each time.

 

If the point of a wilderness area is to leave a minimal trace, what creates less impact: 1) a known bolted rap descent or 2) an unknown rap descent utilizing terrain features slung by multiple parties being followed by climbers who have moderate experience and feel safer adding intermediate rappel stations, getting off route and adding more rappel stations, and creating potential scenarios in which someone might find themselves off route, unanchored and exposed to rockfall?

Edited by chris

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Then it is time to make them play by their rules. Ask them

 

1) Due they have the statuary authority to remove anchors

 

2) If so, isn't there a decision making process that involves more time than a week, and more people than "them".

 

3) Do they have documentation that these bolts that were removed were recent and placed during the ban?

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...what creates less impact: 1) a known bolted rap descent or 2) an unknown rap descent utilizing terrain features slung by multiple parties being followed by climbers who have moderate experience and feel safer adding intermediate rappel stations, getting off route and adding more rappel stations, and creating potential scenarios in which someone might find themselves off route, unanchored and exposed to rockfall?

 

There is the third option of no rap station at all. Can't do it w/o leaving webbing, don't do it. I know that sounds a bit fanatical, but why should climbers exempt themselves from the the "Leave no trace" ethic? (Chris: cheers!)

 

 

Part 2: I think outside of the Wilderness, the chains are superior to the tat.

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Fixed anchors are a "trace" that is a bit different from other types of traces. Climbers are the only ones who will see these, and I sure as hell am happy to see/know about bolted chain stations rather than manky slung features. And no, Max, climbers aren't going to give up rappelling in the wilderness anytime soon. I think we need to figure out what is the better path, given that Forbidden is an immensely popular climb, and check the ideology at the door. The knee jerk response of NCNP is disappointing, to say the least.

 

 

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It sounds like this is an excellent opportunity for the WCC and AAC to draft a position with the local guiding companies to support fixed rap stations in certain locations. A perfect analogy is the rap station off the top of the O-S on the Grand Teton; it certainly hasn't promoted "sport climbing" there, but it does make the descent safer and more attractive... Unless someone's decided to chop it, in which case, ignore the analogy. :)

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There is the third option of no rap station at all. Can't do it w/o leaving webbing, don't do it. I know that sounds a bit fanatical, but why should climbers exempt themselves from the the "Leave no trace" ethic? (Chris: cheers!)

In my opinion they shouldn't, but the fact is they will. Have you never left webbing, even though you'd prefer not to? If bolts will improve safety and at the same time get rid of crap scattered all over the mountain, then it would seem they are the best solution.

 

Part 2: I think outside of the Wilderness, the chains are superior to the tat.

Hangers with rap rings would be visually less obtrusive and serve the same purpose.

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Hi Max. I believe Paul Preuss was the most famous and effective communicator of a strict "Leave No Trace" ethic for climbers. But that idea effectively died with him in 1913. Climbers are going to very reasonably leave rappel anchors.

 

In the mid-1990's the Forest Service very nearly banned ALL fixed anchors in wilderness areas they managed. That included bolts, pins and webbing on natural features. As I recall with the help of big industrial players (REI etc.) that was rescinded.

 

The issue of fixed anchors has now been clarified within wilderness areas of National Parks. My issue with North Cascades National Park is that they are clearly not following the spirit or word of the order. You can and should read Order #41 here.

 

Directors Order #41

 

"If significant climbing activities occur in wilderness, a climbing management plan must be prepared or be included as part of the park's wilderness stewardship plan or another activity level plan. Plans will be developed with the aid of public involvement and collaboration and will include public review and comment. The occasional placement of a fixed anchor for belay, rappel or protection purposes does not necessarily impair the future enjoyment of wilderness or violate the Wilderness Act."

 

A complete moratorium on bolting with no scheduled development of a climbing management plan does not follow that order in the least.

 

Having not been on Forbidden in many years I am not convinced that the West Ridge gullies needed bolted rappel stations anymore than North Early needed a second rappel route. That said I'm not concerned about overbolting in NCNP either. The geography and geology simply prevent that from being a possibility.

 

What bothers me is that those bolts were placed lawfully within the regulations established by the NCNP at the time and they were removed haphazardly by the park to enforce some sort of perceived historical climbing style. While other national parks have active climbing management plans and rangers, I personally cannot think of any other examples where the park service engaged in the active placement or removal of anchors on established and frequently climbed routes. As pointed out above there could very likely be liability issues in doing so.

 

Clearly it's a long stretch to claim that the recent fatality would not have happened if the bolted anchors were still there. Yet based on the amount of loose rock, tat and bad anchors on that face combined with a history of gruesome rappelling accidents in Boston Basin there placement certainly seems to be prescient in retrospect.

 

I know the climbing rangers for NCNP both read and have posted on CC.com in the past. Maybe they would like to provide their perspective on Order #41, their moratorium and the removal of anchors on Forbidden Peak.

 

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Less of a visually impact, cheaper, approved design and KN rating, stainless Steel will last lifetimes.

032-040_300x373.gif

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chains are easier to replace when worn and to have multiple parties clip into and use at once than rap ring stations such as Lucky shows and offer more opportunities for belaying and rappelling safely in ledgy alpine terrain.

 

whatever is used, chains or ring stations, is far better than tat. experience and professional biologists advice in the Bugaboos led BC Parks to remove all tat stations in favor of fixed chains.

 

they are not only safer, but better for wildlife - marmots and other snafflehounds like pack rats chew nylon but get no nourishment from it and prolific wads of webbing and cord lead over time to measurable increases in rodent mortality.

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FWIW, I have copy-pasted the entire Wilderness Act here and applied bold font to some portions that may be relevant. The bad thing about the ACT, is that it sometimes conflicts with subsequent Acts of Congress--like the Washington Wilderness Acts of 1984 and 1988. I'm not sure to what degree it conflicts with the NCNP Act that created the park in 1968 as I haven't read that entire document. The 1964 Act is only 5-1/2 pages and leaves much to the interpretation of land managers--and those who control the narrative. Here it is:

 

 

 

WILDERNESS ACT

Public Law 88-577 (16 U.S. C. 1131-1136)

88th Congress, Second Session

September 3, 1964

AN ACT

To establish a National Wilderness Preservation System for the permanent good of the whole people, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in

Congress assembled.

Short Title

Section 1. This Act may be cited as the "Wilderness Act."

WILDERNESS SYSTEM ESTABLISHED STATEMENT OF POLICY

Section 2.(a) In order to assure that an increasing population, accompanied by expanding

settlement and growing mechanization, does not occupy and modify all areas within the United

States and its possessions, leaving no lands designated for preservation and protection in their

natural condition, it is hereby declared to be the policy of the Congress to secure for the

American people of present and future generations the benefits of an enduring resource of

wilderness. For this purpose there is hereby established a National Wilderness Preservation

System to be composed of federally owned areas designated by Congress as ''wilderness

areas'', and these shall be administered for the use and enjoyment of the American people in

such manner as will leave them unimpaired for future use and enjoyment as wilderness, and

so as to provide for the protection of these areas, the preservation of their wilderness

character, and for the gathering and dissemination of information regarding their use and

enjoyment as wilderness; and no Federal lands shall be designated as ''wilderness areas''

except as provided for in this Act or by a subsequent Act.

(b) The inclusion of an area in the National Wilderness Preservation System notwithstanding,

the area shall continue to be managed by the Department and agency having jurisdiction

thereover immediately before its inclusion in the National Wilderness Preservation System

unless otherwise provided by Act of Congress. No appropriation shall be available for the

payment of expenses or salaries for the administration of the National Wilderness Preservation

System as a separate unit nor shall any appropriations be available for additional personnel

stated as being required solely for the purpose of managing or administering areas solely

because they are included within the National Wilderness Preservation System.

DEFINITION OF WILDERNESS

© A wilderness, in contrast with those areas where man and his own 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. An area of

wilderness is further defined to mean in this Act 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 and which

(1) generally appears to have been affected primarily by the forces of nature, with the imprint

of man's work substantially unnoticeable; (2) has outstanding opportunities for solitude or a

primitive and unconfined type of recreation; (3) has at least five thousand acres of land or is

of sufficient size as to make practicable its preservation and use in an unimpaired condition;

and (4) may also contain ecological, geological, or other features of scientific, educational,

scenic, or historical value.

NATIONAL WILDERNESS PRESERVATION SYSTEM - EXTENT OF SYSTEM

Section 3.(a) All areas within the national forests classified at least 30 days before September 3, 1964 by the Secretary of Agriculture or the Chief of the Forest Service as ''wilderness'', ''wild'', or ''canoe'' are hereby designated as wilderness areas. The Secretary of Agriculture shall -

(1) Within one year after September 3, 1964, file a map and legal description of each wilderness area with the Interior and Insular Affairs Committees of the United States Senate and the House of Representatives, and such descriptions shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such legal descriptions and maps may be made.

(2) Maintain, available to the public, records pertaining to said wilderness areas, including maps and legal descriptions, copies of regulations governing them, copies of public notices of, and reports submitted to Congress regarding pending additions, eliminations, or modifications. Maps, legal descriptions, and regulations pertaining to wilderness areas within their respective jurisdictions also shall be available to the public in the offices of regional foresters, national forest supervisors, and forest rangers.

Classification. (b) The Secretary of Agriculture shall, within ten years after September 3, 1964, review, as to its suitability or nonsuitability for preservation as wilderness, each area in the national forests classified on September 3, 1964 by the Secretary of Agriculture or the Chief of the Forest Service as ''primitive'' and report his findings to the President.

Presidential recommendation to Congress. The President shall advise the United States Senate and House of Representatives of his recommendations with respect to the designation as ''wilderness'' or other reclassification of each area on which review has been completed, together with maps and a definition of boundaries. Such advice shall be given with respect to not less than one-third of all the areas now classified as ''primitive'' within three years after September 3, 1964, not less than two-thirds within seven years after September 3, 1964, and the remaining areas within ten years after September 3, 1964.

Congressional approval. Each recommendation of the President for designation as ''wilderness'' shall become effective only if so provided by an Act of Congress. Areas classified as ''primitive'' on September 3, 1964 shall continue to be administered under the rules and regulations affecting such areas on September 3, 1964 until Congress has determined otherwise. Any such area may be increased in size by the President at the time he submits his recommendations to the Congress by not more than five thousand acres with no more than one thousand two hundred and eighty acres of such increase in any one compact unit; if it is proposed to increase the size of any such area by more than five thousand acres or by more than one thousand two hundred and eighty acres in any one compact unit the increase in size shall not become effective until acted upon by Congress. Nothing herein contained shall limit the President in proposing, as part of his recommendations to Congress, the alteration of existing boundaries of primitive areas or recommending the addition of any contiguous area of national forest lands predominantly of wilderness value. Notwithstanding any other provisions of this Act, the Secretary of Agriculture may complete his review and delete such area as may be necessary, but not to exceed seven thousand acres, from the southern tip of the Gore Range-Eagles Nest Primitive Area, Colorado, if the Secretary determines that such action is in the public interest.

Report to President. © Within ten years after September 3, 1964 the Secretary of the Interior shall review every roadless area of five thousand contiguous acres or more in the national parks, monuments and other units of the national park system and every such area of, and every roadless island within the national wildlife refuges and game ranges, under his jurisdiction on September 3, 1964 and shall report to the President his recommendation as to the suitability or nonsuitability of each such area or island for preservation as wilderness.

Presidential recommendation to Congress. The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendation with respect to the designation as wilderness of each such area or island on which review has been completed, together with a map thereof and a definition of its boundaries. Such advice shall be given with respect to not less than one-third of the areas and islands to be reviewed under this subsection within three years after September 3, 1964, not less than two-thirds within seven years of September 3, 1964 and the remainder within ten years of September 3, 1964.

Congressional approval. A recommendation of the President for designation as wilderness shall become effective only if so provided by an Act of Congress. Nothing contained herein shall, by implication or otherwise, be construed to lessen the present statutory authority of the

Secretary of the Interior with respect to the maintenance of roadless areas within units of the national park system.

Suitability. (d)(1) The Secretary of Agriculture and the Secretary of the Interior shall, prior to submitting any recommendations to the President with respect to the suitability of any area for preservation as wilderness –

Publication in Federal Register. (A) give such public notice of the proposed action as they deem appropriate, including publication in the Federal Register and in a newspaper having general circulation in the area or areas in the vicinity of the affected land;

Hearings. (B) hold a public hearing or hearings at a location or locations convenient to the area affected. The hearings shall be announced through such means as the respective Secretaries involved deem appropriate, including notices in the Federal Register and in newspapers of general circulation in the area: Provided, That if the lands involved are located in more than one State, at least one hearing shall be held in each State in which a portion of the land lies;

© at least thirty days before the date of a hearing advise the Governor of each State and the governing board of each county, or in Alaska the borough, in which the lands are located, and Federal departments and agencies concerned, and invite such officials and Federal agencies to submit their views on the proposed action at the hearing or by no later than thirty days following the date of the hearing.

Any views submitted to the appropriate Secretary under the provisions of (1) of this subsection with respect to any area shall be included with any recommendations to the President and to Congress with respect to such area.

Proposed modification. (e) Any modification or adjustment of boundaries of any wilderness area shall be recommended by the appropriate Secretary after public notice of such proposal and public hearing or hearings as provided in subsection (d) of this section. The proposed modification or adjustment shall then be recommended with map and description thereof to the President. The President shall advise the United States Senate and the House of Representatives of his recommendations with respect to such modification or adjustment and such recommendations shall become effective only in the same manner as provided for in subsections (b) and © of this section.

USE OF WILDERNESS AREAS

Section 4.(a) The purposes of this Act are hereby declared to be within and supplemental to the purposes for which national forests and units of the national park and national wildlife refuge systems are established and administered and -

(1) Nothing in this Act shall be deemed to be in interference with the purpose for which national forests are established as set forth in the Act of June 4, 1897 (30 Stat. 11), and the Multiple-Use Sustained-Yield Act of June 12, 1960 (74 Stat. 215) (16 U.S.C. 528-531).

(2) Nothing in this Act shall modify the restrictions and provisions of the Shipstead-Nolan Act (Public Law 539, Seventy-first Congress, July 10, 1930; 46 Stat. 1020), the Thye–Blatnik Act (Public Law 733, Eightieth Congress, June 22, 1948; 62 Stat. 568), and the Humphrey-Thye-Blatnik-Andresen Act (Public Law 607, Eighty-Fourth Congress, June 22, 1956; 70 Stat. 326), as applying to the Superior National Forest or the regulations of the Secretary of Agriculture.

(3) Nothing in this Act shall modify the statutory authority under which units of the national park system are created. Further, the designation of any area of any park, monument, or other unit of the national park system as a wilderness area pursuant to this Actshall in no manner lower the standards evolved for the use and preservation of such park, monument, or other unit of the national park system in accordance with sections 1, 2, 3, and 4 of this title, the statutory authority under which the area was created, or any other Act of Congress which might pertain to or affect such area, including, but not limited to, the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 432 et seq.); section 3(2) of the Federal Power Act (16 U.S.C. 796(2)); and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.).

(b) Except as otherwise provided in this Act, each agency administering any area designated as wilderness shall be responsible for preserving the wilderness character of the area and shall so administer such area for such other purposes for which it may have been established as also to preserve its wilderness character. Except as otherwise provided in this

Act, wilderness areas shall be devoted to the public purposes of recreational, scenic, scientific, educational, conservation, and historical use.

PROHIBITION OF CERTAIN USES

© Except as specifically provided for in this Act, and subject to existing private rights, there shall be no commercial enterprise and no permanent road within any wilderness area designated by this Act and, except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act (including measures required in emergencies involving the health and safety of persons within the area), there shall be no temporary road, no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of mechanical transport, and no structure or installation within any such area.

SPECIAL PROVISIONS

(d) The following special provisions are hereby made:

(1) Within wilderness areas designated by this Act the use of aircraft or motorboats, where these uses have already become established, may be permitted to continue subject to such restrictions as the Secretary of Agriculture deems desirable. In addition, such measures may be taken as may be necessary in the control of fire, insects, and diseases, subject to such conditions as the Secretary deems desirable.

(2) Nothing in this Act shall prevent within national forest wilderness areas any activity, including prospecting, for the purpose of gathering information about mineral or other resources, if such activity is carried on in a manner compatible with the preservation of the wilderness environment. Furthermore, in accordance with such program as the Secretary of the Interior shall develop and conduct in consultation with the Secretary of Agriculture, such areas shall be surveyed on a planned, recurring basis consistent with the concept of wilderness preservation by the United States Geological Survey and the United States Bureau of Mines to determine the mineral values, if any, that may be present; and the results of such surveys shall be made available to the public and submitted to the President and Congress.

Mineral leases, claims, etc. (3) Not withstanding any other provisions of this Act, until midnight December 31, 1983, the United States mining laws and all laws pertaining to mineral leasing shall, to the extent as applicable prior to September 3, 1964, extend to those national forest lands designated by this Act as "wilderness areas"; subject, however, to such reasonable regulations governing ingress and egress as may be prescribed by the Secretary of Agriculture consistent with the use of the land for mineral location and development and exploration, drilling, and production, and use of land for transmission lines, waterlines, telephone lines, or facilities necessary in exploring, drilling, producing, mining, and processing operations, including where essential the use of mechanized ground or air equipment and restoration as near as practicable of the surface of the land disturbed in performing prospecting, location, and , in oil and gas leasing, discovery work, exploration, drilling, and production, as soon as they have served their purpose. Mining locations lying within the boundaries of said wilderness areas shall be held and used solely for mining or processing operations and uses reasonably incident thereto; and hereafter, subject to valid existing rights, all patents issued under the mining laws of the United States affecting national forest lands designated by this Act as wilderness areas shall convey title to the mineral deposits within the claim, together with the right to cut and use so much of the mature timber therefrom as may be needed in the extraction, removal, and beneficiation of the mineral deposits, if needed timber is not otherwise reasonably available, and if the timber is cut under sound principles of forest management as defined by the national forest rules and regulations, but each such patent shall reserve to the United States all title in or to the surface of the lands and products thereof, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining or prospecting shall be allowed except as otherwise expressly provided in this Act: Provided, That, unless hereafter specifically authorized, no patent within wilderness areas designated by this Act shall issue after December 31, 1983, except for the valid claims existing on or before December 31, 1983. Mining claims located after September 3, 1964, within the boundaries of wilderness areas designated by this Actshall create no rights in excess of those rights which may be patented under the provisions of this subsection. Mineral leases, permits, and licenses covering lands within national forest wilderness areas designated by this Act shall contain such reasonable stipulations as may

be prescribed by the Secretary of Agriculture for the protection of the wilderness character of the land consistent with the use of the land for the purposes for which they are leased, permitted, or licensed. Subject to valid rights then existing, effective January 1, 1984, the minerals in lands designated by this Act as wilderness areas are withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral leasing and all amendments thereto.

Water resources and grazing. (4) Within wilderness areas in the national forests designated by this Act, (1) 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, including the road construction and maintenance essential to development and use thereof, upon his determination that such use or uses in the specific area will better serve the interests of the United States and the people thereof than will its denial; and (2) the grazing of livestock, where established prior to September 3, 1964, shall be permitted to continue subject to such reasonable regulations as are deemed necessary by the Secretary of Agriculture.

(5) Other provisions of this Act to the contrary notwithstanding, the management of the Boundary Waters Canoe Area, formerly designated as the Superior, Little Indian Sioux, and Caribou Roadless Areas, in the Superior National Forest, Minnesota, shall be in accordance with regulations established by the Secretary of Agriculture in accordance with the general purpose of maintaining, without unnecessary restrictions on other uses, including that of timber, the primitive character of the area, particularly in the vicinity of lakes, streams, and portages: Provided, That nothing in this Act shall preclude the continuance within the area of any already established use of motorboats.

(6) Commercial services may be performed within the wilderness areas designated by this Actto the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the areas.

(7) Nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws.

(8) Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the several States with respect to wildlife and fish in the national forests.

STATE AND PRIVATE LANDS WITHIN WILDERNESS AREAS

Section 5.(a) In any case where State -owned or privately owned land is completely surrounded by national forest lands within areas designated by this Act as wilderness, such State or private owner shall be given such rights as may be necessary to assure adequate access to such State -owned or privately owned land by such State or private owner and their successors in interest, or the State -owned land or privately owned land shall be exchanged for federally owned land in the same State of approximately equal value under authorities available to the Secretary of Agriculture:

Transfers, restriction. Provided, however, That the United States shall not transfer to a State or private owner any mineral interests unless the State or private owner relinquishes or causes to be relinquished to the United States the mineral interest in the surrounded land.

(b) In any case where valid mining claims or other valid occupancies are wholly within a designated national forest wilderness area, the Secretary of Agriculture shall, by reasonable regulations consistent with the preservation of the area as wilderness, permit ingress and egress to such surrounded areas by means which have been or are being customarily enjoyed with respect to other such areas similarly situated.

Acquisition. © Subject to the appropriation of funds by Congress, the Secretary of Agriculture is authorized to acquire privately owned land within the perimeter of any area designated by this Act as wilderness if (1) the owner concurs in such acquisition or (2) the acquisition is specifically authorized by Congress.

GIFTS, BEQUESTS, AND CONTRIBUTIONS

Section 6.(a) The Secretary of Agriculture may accept gifts or bequests of land within wilderness areas designated by this Act for preservation as wilderness. The Secretary of Agriculture may also accept gifts or bequests of land adjacent to wilderness areas designated by this Act for preservation as wilderness if he has given sixty days advance notice thereof to the President of the Senate and the Speaker of the House of Representatives. Land

accepted by the Secretary of Agriculture under this section shall be come part of the wilderness area involved. Regulations with regard to any such land may be in accordance with such agreements, consistent with the policy of this Act, as are made at the time of such gift, or such conditions, consistent with such policy, as may be included in, and accepted with, such bequest.

(b) Authorization to accept private contributions and gifts The Secretary of Agriculture or the Secretary of the Interior is authorized to accept private contributions and gifts to be used to further the purposes of this Act.

ANNUAL REPORTS

Section 7. At the opening of each session of Congress, the Secretaries of Agriculture and Interior shall jointly report to the President for transmission to Congress on the status of the wilderness system, including a list and descriptions of the areas in the system, regulations in effect, and other pertinent information, together with any recommendations they may care to make.

APPROVED SEPTEMBER 3, 1964.

Legislative History:

House Reports: No 1538 accompanying H.R. 9070 (Committee on Interior & Insular Affairs) and No. 1829 (Committee of Conference).

Senate report: No. 109 (Committee on Interior & Insular Affairs). Congressional Record: Vol.

109 (1963):

• April 4, 8, considered in Senate.

• April 9, considered and passed Senate.

• Vol. 110 (1964): July 28, considered in House.

• July 30, considered and passed House, amended, in lieu of H.R. 9070

• August 20, House and Senate agreed to conference report.

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WCC, AF, and AAC are compiling a response to the recent letter expressing the moratorium on installation of new fixed anchor bolts in NCNP Wilderness (99% of the Park). Also to clarify, the steel fixed anchors removed by NPS were outside of the gully, looker's left. AAC is further looking into the details of the recent accident as well.

 

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