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<br />000812 <br /> <br />Wilderness Study" issued a specific directive to the Secretary, and <br />qualified it with the proviso basically as suggested by Congressman <br />Dellenback: I. <br /> <br />-The Secretary shall continue to manage such <br />lands according to his authority under this <br />Act . . . so as not to iffi?air the suitability <br />of such areas for preservation as wilderness, <br />subject, ho~ever, to the continuation of <br />existing mining and grazing uses and mineral <br />leasing in the manner and degree in which the <br />same was being conducted on the date of the <br />approval of this Act . . .. 4/ <br /> <br />I <br /> <br />The Conference Committee discussed the conflict between the House and <br />Senate bills at some length. 5/ Senator Haskell noted, "We don't want <br />people going in [to areas under review for wilderness classification] <br />and increasing the activity during the study period, do we?" Transcript <br />of proceedings, United states Senate Conference Committee on S. 507 at <br />66 (Se?ternber 20, 1976). And later during the meeting, Senator Haskell <br />set forth his viewpoint: "I am in favor of protecting all existing <br />uses Ion federal lands under review for wilderness classification], but <br />not expanding them or adding new ones. . .." Id., at 68. <br /> <br />FOllowing the Conference Committee discussions, the wilderness langu- <br />age contained in section 311 of the House bill was adopted. The Con- <br />ference Report d~~ not explain why the cor.ferees selected the House <br />language and no debate on the provision occurred after the Conference <br />in either House. <br /> <br />" <br /> <br />" <br />I, <br /> <br />:1 <br /> <br />" <br />I' <br />I: <br /> <br />III. INTERPRETATlOO OF "MA'llTt:R A!ID D::G?EE" <br /> <br />At the onset it should be noted that section 603 provides only interim <br />management direction to the Secretary. Once the period of review of BLM <br />aaninistered lands terminates and Congress deterrr.ines that such manage- <br />ment direction is no longer needed, section 603 would no longer dictate <br />that the Secretary manage Bh~ lands to preserve wilderness characteristics. <br />Thus, under section 603 any regulation or prohiqi~ion of a use taking <br />place on Bh~ administered lands only postpones the enjoyment of that use <br />pending Congressional action. An appreciation of the interim nature of <br />section 603 is important to a proper understanding of that provision and <br />this memorandum. <br /> <br />It should also be noted that section 603 is parallel to, but does not <br />overlap with, the wilderness Act itself, 16 U.S.C. 5 1131 et ~ The <br />latter Act provides for the manage~ent of wilderness areas once they <br />have been designated by Congress. It does not deal with the issue <br />addressed in section 603 -- manage~ent of areas being inventoried and <br />studied for possible Congressional protection as wilderness. Therefore, <br /> <br />4 <br />