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60-572: The federal Wilderness Act passed in 1964 provided guidelines and provisions for future wilderness additions, of which this California Act is one. One key provision called for evaluating roadless areas for future wilderness classification. The US Forest Service began its evaluation in 1967 and was known as the Roadless Area Review and Evaluation or "RARE." Each area had to be at least 5,000 acres (20 km), have only foot trails, and be undeveloped. The first evaluation and inventory

120-757: A Trans-Sierra Highway connecting the Eastern Sierra and the San Joaquin Valley via Minaret Summit had been discussed since the early days of highway building. The gap between Minaret Road, which runs northeast into the Sierra from North Fork, California , and the end of the Reds Meadow Road is less than 10 miles or 16 kilometres. An area southwest of Minaret Summit was not included in the Wilderness Act of 1964 in order to leave

180-458: A compelling justification for its otherwise lawful actions. The crucial word in the constitutional text is "prohibit"... Justice Brennan wrote the dissenting opinion, stating, I thus cannot accept the Court's premise that the form of the government's restraint on religious practice, rather than its effect, controls our constitutional analysis. Respondents here have demonstrated that construction of

240-621: A conference committee to resolve differences between the House and Senate versions of the bill, the Act eventually was eventually signed into law by President Johnson on September 3, 1964. The Wilderness Act of 1964 was significant in American environmental legislation, setting a start for the federal protection of wilderness areas across the United States. It was passed with the support in both

300-485: A corridor for this potential highway. While Governor of California , Ronald Reagan made a horse packing trip into the area. Afterwards he supported conservationists ' efforts to prevent this highway. Reagan continued his efforts after being elected President in 1980 and the area was eventually designated wilderness by the California Wilderness Act of 1984 . The Sierra Nevada escarpment

360-652: A critical moment in the history of environmental protection but also set the stage for ongoing debates about the role of government in managing natural resources and the balance between conservation and development. The 1964 Wilderness Act, which was praised for protecting undisturbed American landscapes, encountered strong resistance from the Sagebrush Rebellion in the latter part of the 1970s. The majority of "resource Westerners" who were affected by federal environmental regulations that limited their access to public lands, such as ranchers, miners, and loggers, were

420-1095: A foundation that allows for many new additions of American land to be designated as wilderness. Congress considers additional proposals every year, some recommended by federal agencies and many proposed by grassroots conservation and sportsmen's organizations. Additional laws adding areas to the NWPS include: Congressional bills are pending to designate new wilderness areas in Utah, Colorado, Washington, California, Virginia, Idaho, West Virginia, Montana and New Hampshire. Grassroots coalitions are working with local congressional delegations on legislative proposals for additional wilderness areas, including Vermont, southern Arizona, national grasslands in South Dakota, Rocky Mountain peaks of Montana, Colorado and Wyoming. The U.S. Forest Service has recommended new wilderness designations, which citizen groups may propose to expand. In 2014, America celebrated "50 Years of Wilderness" and Wilderness50 which

480-532: A period known as a baby boom . Additionally, American transportation systems grew in size which made transportation easier and increased environmental concerns. A leading concern was that environmental degradation would have an impact on air and water quality, this was partly addressed by the initial passage of the Clean Air Act in 1963. The problem of American wilderness still persisted even after attempts to regulate pollutants. Part of America's identity

540-524: A span of four days. One month later, the Senate also introduced a draft bill of the Wilderness Act. President John F. Kennedy , was a supporter of the Wilderness Act, his administration worked to rally Legislators to pass the bill. During the 87th Congressional session , the Senate voted and passed a version of the Wilderness Act, however it never made it to a vote in the House and its overall fate

600-560: A transmission powerline . If the powerline is constructed, the corridor will no longer be within the wilderness boundary of the San Jacinto Wilderness . 2. Water Infrastructure- §101(a)(25) protects rights for water diversion and use, including construction, operation, maintenance, and repair in the hydroelectric project on the North Fork San Joaquin River . When the Wilderness Act of 1964

660-546: A very specific boundary line in statutory law. Once a wilderness area has been added to the system, its protection and boundary can be altered only by Congress. The basics of the NWPS set out in the Wilderness Act are straightforward: Section 4 lists what usage is not allowed on land protected by the NWPS, and define the exceptions to the rules. Prohibited actions include: Sections 5, 6, and 7 discuss how Congress shall handle acquisition of more land, gifts, and addition of new designated wilderness areas. Some topics surrounding

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720-592: Is a growing coalition of federal agencies, non-profit organizations, academic institutions, and other wilderness user groups has been created to document this historical commemoration honoring America's "True American Legacy of Wilderness". A series of projects and events were held to commemorate the 50th year of the Wilderness Act, including community museum, airport and visitor center displays; National website and social media campaign; Smithsonian photography exhibition; Washington D.C. Wilderness Week in September, and

780-401: Is a portion of the forest road connecting the towns of Gasquet and Orleans (hence the term "G-O Road") which traverses land traditionally used by Native Americans for religious practices. The Forest Service planned to pave a section of the road and conduct a timber sale in the early 1970s . A lawsuit filed by Native Americans to stop this road's upgrade and associated timber harvest went all

840-399: Is less than 10 miles. The Act excluded an area southwest of Minaret Summit to create a corridor for this possibility. During his time as Governor of California , Ronald Reagan made a horse packing trip into the area. Afterwards he supported conservationists ' efforts to prevent this highway. Reagan continued his efforts after being elected President in 1980 and his influence helped

900-729: Is now a continuous Wilderness from Ball Mountain (near Inyokern ) to Tioga Pass , a distance of about 150 miles (240 km). The Summit offers views of the Ritter Range , including The Minarets , Mount Ritter and Banner Peak , to the west and the Long Valley Caldera , the Glass Mountains and the White Mountains to the east. The Middle Fork of the San Joaquin River runs through

960-702: Is within the Mammoth Ranger District of the Inyo National Forest and located near Devils Postpile National Monument , Mammoth Lakes , and Mammoth Mountain . The elevation of the pass is about 9,265 ft (2,824 m). Highway 203 ends at Minaret Summit. The road continues, now called Reds Meadow Road, until its dead end at the Reds Meadow Pack Station near the Rainbow Falls trailhead . Plans for

1020-563: The Library of Congress . The report was completed a year later, and the results released the data that had been requested which provided more information on the current state of federal land. In 1956, about seven years later, the first committee hearings began in House and Senate on the topic of protecting Wildlife Refuge areas. The first drafts of the Wilderness Act were introduced in the House in January 1957, where 6 bills were introduced over

1080-530: The National Wilderness Conference . The Wilderness Act of 1964 is a pivotal legislation governing the preservation and management of wilderness areas in the United States. It provides a framework for Congress to designate federally managed lands as wilderness areas and mandates federal land agencies to manage these areas in a manner consistent with their natural wilderness character. Celebrating its fiftieth anniversary in September 2014,

1140-599: The United States of America previously protected by administrative orders. The current amount of areas designated by the NWPS as wilderness totals 757 areas encompassing 109.5 million acres of federally owned land in 44 states and Puerto Rico (5% of the land in the United States). Throughout the 1950s and 1960s, there were growing concerns about the rapidly growing population in America after World War II ,

1200-529: The "wilderness" ambiance. This second inventory had 69 roadless areas totaling almost 900,000 acres (3,600 km), 176 non-wilderness areas of about 2,500,000 acres (10,000 km) and 118 further planning areas. Then things got a bit complicated. The state of California sued the US Forest Service charging that the agency's Environmental Impact Statement (EIS) process was faulty as it only had public comments from northern California and had ignored

1260-495: The 50th anniversary in 2014, it encompassed over 109 million acres across 758 areas in 44 states. This expansion has been largely due to the bipartisan support wilderness designations often receive, reflecting a shared value across the political spectrum. Minaret Summit Minaret Summit is a mountain pass on Highway 203 in the central Sierra Nevada . The pass, lying on the Madera-Mono County border,

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1320-416: The Act has facilitated the protection of over 109 million acres of public land. The commemorative symposium, "The Wilderness Act at 50," organized by Lewis & Clark Law School, brought together experts to discuss various facets of the Act's evolution and impact. Notably, discussions delved into the role of litigation in shaping wilderness management, emphasizing strategic decisions by plaintiffs. Moreover,

1380-752: The Act remained unanswered, which has prompted future actions and controversies. When the Wilderness Act was passed, it ignored lands managed by the Bureau of Land Management because of uncertainty of policy makers surrounding the future of those areas. The uncertainty was clarified in 1976 with the passing of the Federal Land Policy and Management Act , which stated that land managed by the Bureau of Land Management would remain federally owned and, between March 1978 and November 1980, would be reviewed to possibly be classified as wilderness. Some argue that

1440-762: The District Court issued a permanent injunction prohibiting the Forest Service from constructing the Chimney Rock section of the G-O road or putting the timber harvesting management plan into effect. (Northwest Indian Cemetery Protective Assn. v. Peterson, 565 F.Supp. 586 (1983)). The court found that both actions would violate the Free Exercise Clause because they "would seriously damage the salient visual, aural, and environmental qualities of

1500-652: The Forest Service hired an external, professional anthropological consulting firm called Theodoratus Cultural Research, to estimate the effect of building the G-O Road and harvesting timber in the Chimney Rock Section of the Six Rivers National Forest . Theodoratus Cultural Research, Inc. reported that a cultural conflict existed between Indian religious activity and Forest Service management practices. They concluded that "intrusions on

1560-494: The G-O road will completely frustrate the practice of their religion, for, as the lower courts found, the proposed logging and construction activities will virtually destroy respondents' religion, and will therefore necessarily force them into abandoning those practices altogether. In 1992 the Smith River National Recreation Area was established and the area in which the G-O Road was established

1620-473: The Interior, emerged as a key player in this situation. During his tenure, he worked to extend the scope of mineral rights to include coal and oil, a goal that suited the interests of people impacted by the Wilderness Act and other environmental laws. Watt aimed to reduce federal constraints and give local governments more authority over land management choices. These efforts were perceived as a direct answer to

1680-581: The Senate (73–12) and the House of Representatives (373–1), showing bipartisan agreement on the importance of preserving natural landscapes for future generations. This act established the National Wilderness Preservation System, defining wilderness as areas, according to Wilderness Society president Howard Zahniser, "where the earth and its community of life are untrammeled by man." It also stopped most forms of development and motorized vehicles in these areas. The success of

1740-959: The State of California—challenged both the roadbuilding and timber harvesting decisions in the United States District Court for the Northern District of California. Respondents claimed that the Forest Service's decisions violated the Free Exercise of Religion Clause in the First Amendment , the Federal Water Pollution Control Act (FWPCA), the National Environmental Policy Act of 1969 (NEPA), and several other federal statutes. After trial,

1800-657: The Wilderness Act and the growing federal oversight of environmental protection, opposition movements like the Sagebrush rebellion and the Wise use movement emerged, particularly in the American West. These movements represented a shift in the political landscape, fighting against what they saw as federal overreach and advocating for states' rights and individual property rights over public land management. The conflict over wilderness protection and public land management showed

1860-537: The Wilderness Act had a lot to do with the groups who supported it. These groups included not only environmental organizations like the Wilderness Society and the Sierra Club but also labor and civic groups, showing great public interest in preserving America's wilderness. The Wilderness Act of 1964 included a few provisions (sections), that covered different aspects its implementation. Section 2 of

California Wilderness Act of 1984 - Misplaced Pages Continue

1920-406: The Wilderness Act into law on September 3, 1964, creating the legal definition of wilderness in the United States and protecting 9.1 million acres (37,000 km²) of federal land. The Wilderness Act is well known for its succinct and poetic 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

1980-426: The Wilderness Act provides a justification for and definition of what constitutes an area of land as wilderness. Wilderness Act land is chosen from existing federal land and by determining which areas are considered to meet the following criteria: Section 3 of the Act outlines the creation and regulation of the National Wilderness Preservation System (NWPS). When Congress designates each wilderness area, it includes

2040-775: The Wolf Creek drainage area in the Toiyabe National Forest (Carson-Iceberg Wilderness) and the Heitz Meadow Guard Station area (San Joaquin /Ansel Adams wilderness areas) §101(a)(6) allows motorized administrative use of the Buckhorn Fire Road between the contiguous areas of Dick Smith Wilderness and the San Rafael Wilderness . §101(a)(24) allows a right-of-way corridor for construction, within 10 years, of

2100-416: The administrating agencies to ban bicycles from wilderness areas based on the statutory text prohibiting "other mechanical forms of transport". It is noteworthy that mountain bikes did not exist when the Wilderness Act was enacted, hence they were not explicitly identified in the statute. The prohibition on bicycles has led to opposition from mountain bikers to the opening of new wilderness areas. Because of

2160-562: The area to eventually be designated as wilderness by this legislation. The Sierra Nevada escarpment is now a continuous wilderness from Round Mountain (near Inyokern ) to Tioga Pass , a distance of about 150 miles. The passage of the California Wilderness Act created the 153,000-acre (620 km) Siskiyou Wilderness within the Six Rivers, Klamath and Siskiyou national forests. Within this wilderness area

2220-482: The criteria to determine wilderness are vague and open to interpretation. For example, one criterion for wilderness is that it be roadless, and the act does not define the term roadless. Wilderness advocacy groups and some agency staff have attempted to use this standard: "the word 'roadless' refers to the absence of roads that have been improved and maintained by mechanical means." For more information, see Revised Statute 2477 . The Wilderness Act has been interpreted by

2280-543: The decision. While an appeal was pending before the US Court of Appeals for the Ninth Circuit, the California Wilderness Act of 1984 was passed, which means that timber harvesting and road construction are forbidden. The Ninth Circuit Court upheld the lower court's decision. In 1987 The US Supreme court heard arguments in the case, and overturned the lower court's rulings by a 5-3 decision. Justice O'Connor wrote

2340-540: The demands of the Sagebrush Rebellion. Due to regulatory rollbacks which were perceived as a decrease in federal government control over Western lands, the Sagebrush Rebellion temporarily felt victorious due to its alliance with the Reagan administration. The pioneering research and advocacy work of Margaret and Olaus Murie and Celia Hunter, along with the Alaska Conservation Society, was crucial to

2400-536: The earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain." – Howard Zahniser When Congress passed and President Lyndon B. Johnson signed the Wilderness Act on September 3, 1964, it created the National Wilderness Preservation System . The initial statutory wilderness areas, designated in the Act, comprised 9.1 million acres (37,000 km²) of national forest wilderness areas in

2460-601: The environmental statement, including consideration of other routes and appeals by the Sierra Club and a group of Native Americans, the Secretary of Agriculture , Richard E. Lyng, supported the Chief Forester and Regional Forester's decision favoring the Chimney Rock Corridor. In 1977 the Forest Service issued a second DEIS for construction of the G-O Road. After public discussion on this second DEIS,

California Wilderness Act of 1984 - Misplaced Pages Continue

2520-495: The first draft of the Wilderness Act. The Wilderness Act of 1964 went through numerous discussions and drafts before finally being enacted during the 88th Congress. The concept of developing a Federal Wilderness system through Congress began to be seriously explored in 1948 when a group of Congressional members requested a report be compiled on the topic through the Legislative Reference Service within

2580-555: The growing division in American environmental politics, showing bigger cultural and ideological divides. This period of environmental opposition not only challenged the principles of federal land management but also contributed to the reorganization of political ideas, playing a role in the evolution of the New Right and the Republican Party's stance on environmental regulations. The Wilderness Act, therefore, not only marked

2640-571: The high country." The court also found that both proposed actions would violate the FWPCA, and that the environmental impact statements for construction of the road were deficient under the NEPA. Finally, the court concluded that both projects would breach the Government's trust responsibilities to protect water and fishing rights reserved for Native Americans of Hoopa Valley. The Forest Service appealed

2700-419: The inventoried roadless areas from RARE II as well as other areas recommended by environmentalists. The California Wilderness Act of 1984 contains several special provisions allowing certain uses and activities within the wilderness areas that are otherwise prohibited. These exemptions are: 1. Motorized access- §101(a)(2) and (25) allow continued access for livestock facilities in two specific areas which are

2760-496: The land preserved for future generations. The shortcomings of previous protections were exclaimed by efforts to develop protected lands for mining and energy utilization, a prominent example is the Echo Park Dam controversy at Dinosaur National Monument .The encroachment on existing protected land motivated conservationists to lobby Congress to add additional protections to wilderness land, in particular, Howard Zahniser wrote

2820-708: The majority opinion which basically stated that the First Amendment rights of the Native Americans have not been violated because the actions of the Forest Service do not prohibit the practice of religion. As stated in the Opinion: This does not and cannot imply that incidental effects of government programs, which may make it more difficult to practice certain religions but which have no tendency to coerce individuals into acting contrary to their religious beliefs, require government to bring forward

2880-535: The ones who initiated this backlash. The Federal Land Policy Management Act (FLPMA) of 1976, which changed the Bureau of Land Management's emphasis from resource extraction to conservation, was a major source of dispute because it significantly restricted these groups' ability to make a living. Many in the West were unhappy as a result of this alleged government overreach and saw it as "federal colonialism." James G. Watt, nominated by President Ronald Reagan as Secretary of

2940-635: The passage of the Wilderness Act, and to the creation of the Arctic National Wildlife Refuge. Margaret Murie testified passionately before Congress in favor of the Wilderness Act. Margaret worked with Wilderness Society staffer Howard Zahniser , author of the bill, to promote passage of the act, and she attended the signing ceremony. As of 2014, the National Wilderness Preservation System comprised over 109 million acres (441,000 km²), involving federal lands administered by four agencies: The Wilderness Act has created

3000-417: The question of land use, particularly wilderness, to the attention of more people in this country than any other effort. Feb.4, 1982 Box 3, 95-91-0003 National Archive Record Center The old 1978 inventory was updated and revised in 1983 but was still too controversial in many states. It finally came down to a state-by-state basis instead of a nationwide recommendation. The California Wilderness Act included

3060-425: The remaining 97.5 per cent of the state's population. In a letter, Regional Forester Smith commented, ...On balance, I think RARE II was a success...for the first time somebody thought about what the wilderness system ought to look like when it was complete. For the first time somebody took the time to estimate the criteria and characteristics of a complete National Wilderness Preservation System. RARE II ...brought

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3120-448: The sanctity of the...high country are . . . potentially destructive of the very core of Northwest [Indian] religious beliefs and practices." They recommended against completing the G-O Road. In 1982, the Forest Service decided not to adopt this recommendation, and it prepared a final environmental impact statement for construction of the road. Several groups, including a Native American organization and individuals, nature organizations, and

3180-500: The symposium highlighted the National Environmental Policy Act's (NEPA) significant influence on promoting wilderness designation and constraining agency management practices in wilderness areas. Overall, the Wilderness Act remains a cornerstone of wilderness preservation, subject to ongoing refinement to ensure the enduring protection of these natural treasures. Over the decades, the Wilderness System has grown steadily. By

3240-625: The valley between the Summit and the Minarets. The pass receives significant snowfall during the winter. The road usually closes near the Main Lodge of Mammoth Mountain Ski Area before Thanksgiving and usually doesn't open much before Memorial Day . In October 2008 items belonging to missing adventurer Steve Fossett were found by Preston Morrow on a hike near Minaret Lake , which

3300-585: The way to the US Supreme Court . The US Forest Service planned to upgrade and pave a 6-mile (9.7 km) segment of the road that goes through an area called Chimney Rock. In addition, a timber harvest was also scheduled for this area. In 1975, the Forest Service released a draft environmental impact statement (DEIS) as required by the National Environmental Policy Act , or NEPA. In response to public comments received on

3360-671: Was being drafted California politicians were concerned about maintaining the viability of plans for a Trans-Sierra Highway connecting the Eastern Sierra and the San Joaquin Valley . These plans centered on the Minaret Summit area as the distance between the end of Minaret Road, which runs northeast into the Sierras from North Fork, California , and the end of the Red's Meadow Road, running west from Mammoth Lakes, California

3420-580: Was completed in April 1972 and after public input, a final list of 16 roadless areas came out in 1973. This list had three-quarters of a million acres (4,000 km²) of public land spread across 12 national forests. A second evaluation (RARE II) was done in 1977 that was more extensive and had more time for public input. It was completed and published in 1978. RARE II guidelines were a bit more relaxed than its predecessor. It allowed slight traces of human impact, such as limited fencing, old fire towers and unimproved roads, as long as these traces did not disturb

3480-484: Was incorporated into the Siskiyou Wilderness ending years of uncertainty over whether the road would be built. Wilderness Act The Wilderness Act of 1964 ( Pub. L.   88–577 ) is a federal land management statute meant to protect federal wilderness and to create a formal mechanism for designating wilderness. It was written by Howard Zahniser of The Wilderness Society . After over sixty drafts and eight years of work, President Lyndon B. Johnson signed

3540-480: Was regarded as uncertain at the time. Early in the 88th Congressional term , the Senate debated and eventually passed the Wilderness Bill in April 1963. After President Kennedy's assassination , President Lyndon B Johnson continued the executive efforts for the Wilderness Act to be passed. During a press conference on June 23, 1963, President Johnson included the Wilderness Act as a piece of legislation that needed to be passed in his list of 30 "musts." After going to

3600-412: Was the vast untamed wilderness that was untouched by humans, which had fallen to about 2.5% of the total land in America by the 1960s. Previous efforts to conserve nature had yielded public land designations and protections such as the National Parks System , National Forests , and primitive areas . Unfortunately, many of these designations came short of providing the necessary protections needed to keep

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