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WSP03726
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Last modified
1/26/2010 12:51:48 PM
Creation date
10/11/2006 11:55:41 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
7630.285
Description
Wild and Scenic - General
State
CO
Basin
Statewide
Date
3/30/1978
Author
Unknown
Title
Press Kit - Wilderness Review - US DOI-BLM
Water Supply Pro - Doc Type
News Article/Press Release
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<br />000814 <br /> <br />If an existing mining or grazing use is already impairing an area's <br />wilderness quulities, Congress hus prohibited the secretary fro~ regu- <br />lating it solely to preserve wilderness characteristics. Section 603 <br />specifically alloll.s those activities to continue if they are carried <br />out to the sa~e degree and in the s~~e manner as they were carried o~t <br />on October 21, 1976, notwithstanding the fact that ~~ese activities <br />might destroy the area's wilderness characteristics. 7/ For exa~?le, <br />. if a miner I.Jas using on O:tober 21, 1976, motorized vehicles, €X?los- <br />ives, and drilling equipment to ex?lore for hardrock minerals o~ a <br />particular mining clai~, the Secretary may not now restrict the miner <br />to using a burro and a pickax in order to preserve wilderness charac- <br />teristics. 8/ Similarly, grazing levels in practice on OCtober 21, 1976 <br />may not be reduced solely because they may be i~airing or may eventually <br />impair an area's wilderness characteristics. <br /> <br />But Section G03(c) mandates that the level .of physical or aesthetic im- <br />pairment caus'?d to an area by these activities ,"ay not differ in "manner <br />and degree" without being subject to regulation in the interest of ~lilG- <br />erness preservation. Except for the specific q~alification im?Qsed o~ <br />the Secretary's authority by the viords "existing" and "m=er and de')ree," <br />Section 603 directs the Secretary to regulate exisLing uses of BL'\ a~~:~ <br />istered lands under review in order to preserve their \1ilderness charac- <br />teristics. For exa~le, unless the impact of such activities would no~ <br />impair the area's suitability for wilderness, a miner who was using a <br />pickax and burro on October 21, 1976 must not be allowed to Degin using <br />a bulldozer and explosives thereafter in a wilderness study area unless <br />these activities are subject to appropriate regulation. <br /> <br />~c lan9u~ge of section 603(c) irrylicitly directs the Secretary to regL~ <br />late new mining uses which would Lcpair the wildern2ss characteristics <br />of the land under review. But, while directing the Secretary to regulate <br />new mining uses, Congress at the sa~e time pro~ibited the Secretary fro~ <br />withdral.,ing any of the vlilderness study la.-:ds fro;n appropriation un:3er <br />the Mining Laws of 1872, solely to preserve vlilderness characteristics. <br />Section 603(c) states, <br /> <br />, <br />! <br />I <br /> <br />Unless previously withdra\,~ from appropriation <br />under the mining laws, such lands shall continue <br />to be subject to such appropriation during the <br />period of review unless withdrawn by L~e Secretary <br />under the procc~ures of section 204 of this Act <br />for reasons other than preservation of their wil- <br />derness character. <br /> <br />Although this sentence deprives the Secretary of au~'1ority to 11ithdraw <br />wilderness review lands [rom appropriation under the mining law in order <br />to protect their wilderness characteristics, section 603(cj clearly <br />directs the S'2cretary to regulate how activities undertal;en pursuant to <br />the mining law are carried out. Thus the secretary must, to the extent <br />necessary to protect wilderness characteristics, regulate the activities <br /> <br />6 <br />
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