Boundary Waters Canoe Area Wilderness Act
Encyclopedia
The BWCA Wilderness Act of 1978 (Pub.L. 95-495) created the Boundary Waters Canoe Area Wilderness
(BWCAW or BWCA), which was previously known as the Boundary Waters Canoe Area. The bill was introduced in October 1975 by United States Congress
man Jim Oberstar
and was a source of major controversy and debate. Topics of major concern were logging, mining, the use of snowmobiles and motorboats. After much debate, the Act was signed into law by President Jimmy Carter
on October 21, 1978.
The main purpose of the law is to protect, preserve, and enhance the lakes, waterways and forested areas of the BWCA to enhance public enjoyment of the unique landscape and wildlife. It also intends to establish some form of management to maintain the area and places restrictions on logging, mining, and the use of motorized vehicles.
, Minnesota, known as the Conservation Affiliates, asked the United States Secretary of Agriculture
Orville Freeman
to stop logging and the use of motor vehicles in the Boundary Waters. On May 21, 1964, Secretary Freeman announced that he had appointed a Boundary Waters Canoe Area review committee, chaired by George A. Selke. Other members of this committee included Wayne Olson, Minnesota's conservation commissioner; Rollie Johnson, news director from WCCO-TV
; and David J. Winton, chairman of the board of Winton Lumber Company. They reported their findings on December 15, 1964. They recommended that logging be banned in more parts of the area and more regulations be imposed on motorboat and snowmobile use. Secretary Freeman accepted the report and decided to allow a one year period for public comment due to the controversy surrounding the issues.
The U.S. Congress passed the Wilderness Act
on September 3, 1964. This new law made the Boundary Waters Canoe Area part of the new National Wilderness Preservation System and became an "instant wilderness
." However, the act left much of the management, specifically in regards to logging and motorboat use, in the hands of the Secretary of Agriculture. The BWCA was the only area with such major exceptions in management policy.
This order created two zones, an Interior Zone where commercial timber harvesting is banned, and a Portal Zone, where timber may be harvested except for areas within 400 feet (121.9 m) of lakes or streams suitable for watercraft and portages which connect these waterways. This was done to maintain the beautiful scenery of the area and to preserve the pristine waters from pollution. Several areas of virgin forests that had been untouched by the logging industry were added to the Interior zone with this directive. The most notable examples are the area between Loon Lake and Lake Agnes
as well as the area northwest of Cherokee Lake. 200000 acres (809.4 km²) of virgin forest were still left in the Portal Zone and were vulnerable to logging.
(MPIRG) filed a lawsuit in federal district court in Minneapolis, which became known as MPIRG v. Butz. The suit sought a court order which would require logging companies to file an environmental impact statement (EIS) before renewing contracts under the National Environmental Policy Act
(NEPA). The MPIRG also requested that logging in virgin forests be suspended until the environmental impact statement is completed. On April 16, 1973, Judge Miles Lord stated that seven timber contracts did harvest trees from virgin forests which would require an EIS under the NEPA. He issued an injunction against logging on these areas until completion of an EIS. In his opinion, the Wilderness Act
of 1964 did not permit logging in the virgin forests of the BWCA.
After the EIS was released in August of 1974, the MPIRG filed a second lawsuit along with the Sierra Club
as a coplaintiff. They claimed that logging in virgin tracts of land was a violation of the Wilderness Act and they wished to permanently ban logging. Judge Lord issued a temporary injunction until the start of the trial on November 4, 1974. Judge Lord issued his final decision for MPIRG and Sierra Club v. Butz et al. on August 13, 1975. For the most part, he ruled in favor of the plaintiffs. He found that timber cutting within blocks of virgin forests violated the intent of the Wilderness Act
and was illegal. Also, the Forest Service
was no longer allowed to conduct sales.
On October 24, 1975, Representative Jim Oberstar
introduced bill H.R. 10247 which would resolve the BWCA lawsuits. His bill split the area into two parts. Some 625000 acres (2,529.3 km²) would be given full wilderness
status, while the remaining 527000 acres (2,132.7 km²) would be declared a National Recreation Area and still be open to logging and use by motorized vehicles. This bill was strongly opposed by environmentalists Among the largest group of opposition was the pro-wilderness Friends of the Boundary Waters, led by Kevin Proescholdt. Representative Oberstar explained his position in a 1977 news conference,
About one year later, Representative Donald Fraser
introduced H.R. 14576 in the U.S. House of Representatives. This bill would give wilderness status to all of the BWCA and would end logging, motorized vehicles, and mining.
The Eighth Circuit Court of Appeals overturned Judge Lord's logging decision on August 30, 1976. The logging injunctions were lifted by December of the same year. At the same time, Representative Oberstar worked with several large lumber companies with the Forest Service acting as a mediator to suspend cutting for six months while Congress could examine the issue without further damage to the environment and external pressure.
In order to resolve issues between the two bills, a U.S. House subcommittee on national parks and recreation held two field hearings in July of 1977 in Minnesota. The first took place in a State Capitol hearing room filled to capacity in St. Paul, Minnesota. Notable wilderness supporters which were present included State Rep. Willard Munger
. The hollowing hearing took place the next day in the northern town of Ely
on the edge of the BWCA. Both supporters of the logging industry and environmentalists came out in large numbers to show their support. Environmentalist Sigurd Olson spoke of the need to protect the Boundary Waters. After the hearings, another bill was drafted and unveiled in March 1978, this time sponsored by California's Phillip Burton
, chair of the Interior's National Parks and Insular Affairs subcommittee, and Minnesota Representative Bruce Vento
. This bill called for the complete termination of logging. This bill stalled until negotiations took place between Ely City Attorney Ron Wells and environmental attorney Chuck Dayton. The final measure became known as the Dayton-Walls agreement. On October 15, 1978 in the final hours of the Ninety-fifth Congress, the House and the Senate bassed the revised version of H.R. 12250. The bill was signed on October 21, 1978 by President Jimmy Carter
.
.
This limit does not apply to towboats used to transport canoes on the lakes of Moose, Newfound, Sucker, and Saganaga until January 1, 1984.
Birch Lake and the portion north of Jackfish Bay in Basswood Lake have a 25 hp limit only until January 1, 1984.
Certain lakes are limited to to 10 hp until a specified date. These lakes include: Basswood River to and including Crooked Lake in Saint Louis and Lake Counties until January 1, 1984, Carp Lake, the Knife River and Knife Lake in Lake County until January 1, 1984, Sea Gull Lake, the portion generally west of Threemile Island until January 1, 1999, and Brule Lake in Cook County until January 1, 1994.
Snowmobiles were also considered by many visitors to be destructive and noisy. Therefore, this Act prohibited the use of snowmobiles in all areas of the wilderness except for the following: the overland portages from Crane Lake to Little Vermilion Lake in Canada, and from Sea Gull River along the eastern portion of Saganaga Lake to Canada. Snowmobiles may be used on Vermilion Lake portage to and including Trout Lake, Moose Lake to and including Saganaga Lake via Ensign, Vera and Knife Lakes, and East Bearskin Lake to and including Pine Lake via Alder Lake and Canoe Lake until January 1, 1984. Snowmobiles must be less than 40 inches (1,016 mm) in width.
refused to review this opinion in 1982.
Boundary Waters Canoe Area Wilderness
The Boundary Waters Canoe Area Wilderness , is a wilderness area within the Superior National Forest in northeastern Minnesota under the administration of the U.S. Forest Service...
(BWCAW or BWCA), which was previously known as the Boundary Waters Canoe Area. The bill was introduced in October 1975 by United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
man Jim Oberstar
Jim Oberstar
James Louis "Jim" Oberstar is a former U.S. Representative who served in the U.S. Congress from 1975 until 2011 as a member of the Minnesota Democratic–Farmer–Labor Party. He represented northeastern , which included the cities of Duluth, Brainerd, Grand Rapids, International Falls, and Hibbing...
and was a source of major controversy and debate. Topics of major concern were logging, mining, the use of snowmobiles and motorboats. After much debate, the Act was signed into law by President Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
on October 21, 1978.
The main purpose of the law is to protect, preserve, and enhance the lakes, waterways and forested areas of the BWCA to enhance public enjoyment of the unique landscape and wildlife. It also intends to establish some form of management to maintain the area and places restrictions on logging, mining, and the use of motorized vehicles.
Selke Committee
Serious concerns about destruction of the BWCA began to surface in the spring of 1964 when a group of people from the Twin CitiesTwin cities
Twin cities are a special case of two cities or urban centres which are founded in close geographic proximity and then grow into each other over time...
, Minnesota, known as the Conservation Affiliates, asked the United States Secretary of Agriculture
United States Secretary of Agriculture
The United States Secretary of Agriculture is the head of the United States Department of Agriculture. The current secretary is Tom Vilsack, who was confirmed by the U.S. Senate on 20 January 2009. The position carries similar responsibilities to those of agriculture ministers in other...
Orville Freeman
Orville Freeman
Orville Lothrop Freeman was an American Democratic politician who served as the 29th Governor of Minnesota from January 5, 1955 to January 2, 1961, and as the U.S. Secretary of Agriculture from 1961 to 1969 under Presidents John F. Kennedy and Lyndon B. Johnson...
to stop logging and the use of motor vehicles in the Boundary Waters. On May 21, 1964, Secretary Freeman announced that he had appointed a Boundary Waters Canoe Area review committee, chaired by George A. Selke. Other members of this committee included Wayne Olson, Minnesota's conservation commissioner; Rollie Johnson, news director from WCCO-TV
WCCO-TV
WCCO-TV, is the CBS owned and operated television station that serves the Minneapolis-St. Paul area of Minnesota. Its transmitter is at the Telefarm complex in Shoreview, Minnesota.- History :...
; and David J. Winton, chairman of the board of Winton Lumber Company. They reported their findings on December 15, 1964. They recommended that logging be banned in more parts of the area and more regulations be imposed on motorboat and snowmobile use. Secretary Freeman accepted the report and decided to allow a one year period for public comment due to the controversy surrounding the issues.
Wilderness Act of 1964
Wilderness Act
The Wilderness Act of 1964 was written by Howard Zahniser of The Wilderness Society. It created the legal definition of wilderness in the United States, and protected some 9 million acres of federal land. The result of a long effort to protect federal wilderness, the Wilderness Act was signed...
on September 3, 1964. This new law made the Boundary Waters Canoe Area part of the new National Wilderness Preservation System and became an "instant wilderness
Wilderness
Wilderness or wildland is a natural environment on Earth that has not been significantly modified by human activity. It may also be defined as: "The most intact, undisturbed wild natural areas left on our planet—those last truly wild places that humans do not control and have not developed with...
." However, the act left much of the management, specifically in regards to logging and motorboat use, in the hands of the Secretary of Agriculture. The BWCA was the only area with such major exceptions in management policy.
Freeman Directive
On December 15, 1965, Secretary Freeman issued his directive implementing the recommendations of the Wilderness Act and the Selke committee. The Freeman Directive increased the no-cutting zones where logging is banned by 150000 acres (607 km²) immediately and designated an additional 100000 acres (404.7 km²) to be added in 1975 after the logging contracts in that area expired. This increased the total no-cutting zone to 612000 acres (2,476.7 km²) by 1975. Motorboats were still allowed on over have of the water area and snowmobiles were allowed on designated routes. The Freeman Directive governed the management of the BWCA for the next 13 years.This order created two zones, an Interior Zone where commercial timber harvesting is banned, and a Portal Zone, where timber may be harvested except for areas within 400 feet (121.9 m) of lakes or streams suitable for watercraft and portages which connect these waterways. This was done to maintain the beautiful scenery of the area and to preserve the pristine waters from pollution. Several areas of virgin forests that had been untouched by the logging industry were added to the Interior zone with this directive. The most notable examples are the area between Loon Lake and Lake Agnes
Lake Agnes
Lake Agnes may refer to:* Lake Agnes in Banff National Park, Alberta, Canada* Lake Agnes in Colorado, United States* Lake Agnes in the Hunter Island region of the Quetico Provincial Park, northern Ontario, Canada....
as well as the area northwest of Cherokee Lake. 200000 acres (809.4 km²) of virgin forest were still left in the Portal Zone and were vulnerable to logging.
Logging trials
On November 24, 1972, the Minnesota Public Interest Research GroupMinnesota Public Interest Research Group
The Minnesota Public Interest Research Group describes itself as "a grassroots, non-partisan, nonprofit, student-directed organization that empowers and trains students and engages the community to take collective action in the public interest throughout the state of Minnesota." - History :MPIRG...
(MPIRG) filed a lawsuit in federal district court in Minneapolis, which became known as MPIRG v. Butz. The suit sought a court order which would require logging companies to file an environmental impact statement (EIS) before renewing contracts under the National Environmental Policy Act
National Environmental Policy Act
The National Environmental Policy Act is a United States environmental law that established a U.S. national policy promoting the enhancement of the environment and also established the President's Council on Environmental Quality ....
(NEPA). The MPIRG also requested that logging in virgin forests be suspended until the environmental impact statement is completed. On April 16, 1973, Judge Miles Lord stated that seven timber contracts did harvest trees from virgin forests which would require an EIS under the NEPA. He issued an injunction against logging on these areas until completion of an EIS. In his opinion, the Wilderness Act
Wilderness Act
The Wilderness Act of 1964 was written by Howard Zahniser of The Wilderness Society. It created the legal definition of wilderness in the United States, and protected some 9 million acres of federal land. The result of a long effort to protect federal wilderness, the Wilderness Act was signed...
of 1964 did not permit logging in the virgin forests of the BWCA.
After the EIS was released in August of 1974, the MPIRG filed a second lawsuit along with the Sierra Club
Sierra Club
The Sierra Club is the oldest, largest, and most influential grassroots environmental organization in the United States. It was founded on May 28, 1892, in San Francisco, California, by the conservationist and preservationist John Muir, who became its first president...
as a coplaintiff. They claimed that logging in virgin tracts of land was a violation of the Wilderness Act and they wished to permanently ban logging. Judge Lord issued a temporary injunction until the start of the trial on November 4, 1974. Judge Lord issued his final decision for MPIRG and Sierra Club v. Butz et al. on August 13, 1975. For the most part, he ruled in favor of the plaintiffs. He found that timber cutting within blocks of virgin forests violated the intent of the Wilderness Act
Wilderness Act
The Wilderness Act of 1964 was written by Howard Zahniser of The Wilderness Society. It created the legal definition of wilderness in the United States, and protected some 9 million acres of federal land. The result of a long effort to protect federal wilderness, the Wilderness Act was signed...
and was illegal. Also, the Forest Service
Forest Service
Forest Service may refer to:* Canadian Forest Service* Indian Forest Service* New Zealand Forest Service* United States Forest Service* Forestry Commission in the United Kingdom...
was no longer allowed to conduct sales.
Legislative history
Jim Oberstar
James Louis "Jim" Oberstar is a former U.S. Representative who served in the U.S. Congress from 1975 until 2011 as a member of the Minnesota Democratic–Farmer–Labor Party. He represented northeastern , which included the cities of Duluth, Brainerd, Grand Rapids, International Falls, and Hibbing...
introduced bill H.R. 10247 which would resolve the BWCA lawsuits. His bill split the area into two parts. Some 625000 acres (2,529.3 km²) would be given full wilderness
Wilderness
Wilderness or wildland is a natural environment on Earth that has not been significantly modified by human activity. It may also be defined as: "The most intact, undisturbed wild natural areas left on our planet—those last truly wild places that humans do not control and have not developed with...
status, while the remaining 527000 acres (2,132.7 km²) would be declared a National Recreation Area and still be open to logging and use by motorized vehicles. This bill was strongly opposed by environmentalists Among the largest group of opposition was the pro-wilderness Friends of the Boundary Waters, led by Kevin Proescholdt. Representative Oberstar explained his position in a 1977 news conference,
About one year later, Representative Donald Fraser
Donald M. Fraser
Donald MacKay Fraser is an American politician from Minneapolis, Minnesota.-Early life:Donald Fraser played a critical role in making human rights an important part of U.S. policy. Fraser was born on 20 February 1924 in Minneapolis, Minnesota, to Everett and Lois Fraser. His parents were émigrés...
introduced H.R. 14576 in the U.S. House of Representatives. This bill would give wilderness status to all of the BWCA and would end logging, motorized vehicles, and mining.
The Eighth Circuit Court of Appeals overturned Judge Lord's logging decision on August 30, 1976. The logging injunctions were lifted by December of the same year. At the same time, Representative Oberstar worked with several large lumber companies with the Forest Service acting as a mediator to suspend cutting for six months while Congress could examine the issue without further damage to the environment and external pressure.
In order to resolve issues between the two bills, a U.S. House subcommittee on national parks and recreation held two field hearings in July of 1977 in Minnesota. The first took place in a State Capitol hearing room filled to capacity in St. Paul, Minnesota. Notable wilderness supporters which were present included State Rep. Willard Munger
Willard Munger
Willard M. Munger, Sr. was a Minnesota politician and a member of the Minnesota House of Representatives from northeastern Minnesota. First elected in 1954, he was re-elected to four more terms before running for the Minnesota Senate in 1964...
. The hollowing hearing took place the next day in the northern town of Ely
Ely, Minnesota
As of the census of 2000, there were 3,724 people, 1,912 households, and 916 families residing in the city. The population density was 1,369.5 people per square mile . There were 1,912 housing units at an average density of 703.2 per square mile...
on the edge of the BWCA. Both supporters of the logging industry and environmentalists came out in large numbers to show their support. Environmentalist Sigurd Olson spoke of the need to protect the Boundary Waters. After the hearings, another bill was drafted and unveiled in March 1978, this time sponsored by California's Phillip Burton
Phillip Burton
Phillip Burton was a United States Representative from California. A Democrat, he was instrumental in creating the Golden Gate National Recreation Area. Burton was one of the first members of Congress to acknowledge the need for AIDS research and introduce an AIDS bill. He was the brother of...
, chair of the Interior's National Parks and Insular Affairs subcommittee, and Minnesota Representative Bruce Vento
Bruce Vento
Bruce Frank Vento was an American politician, a Democratic-Farmer-Labor member of the United States House of Representatives from 1977 until his death in 2000...
. This bill called for the complete termination of logging. This bill stalled until negotiations took place between Ely City Attorney Ron Wells and environmental attorney Chuck Dayton. The final measure became known as the Dayton-Walls agreement. On October 15, 1978 in the final hours of the Ninety-fifth Congress, the House and the Senate bassed the revised version of H.R. 12250. The bill was signed on October 21, 1978 by President Jimmy Carter
Jimmy Carter
James Earl "Jimmy" Carter, Jr. is an American politician who served as the 39th President of the United States and was the recipient of the 2002 Nobel Peace Prize, the only U.S. President to have received the Prize after leaving office...
.
Provisons
The BWCA Wilderness Act officially changed the name of the over one million acres (4,000 km²) of land known as the Boundary Waters Canoe Area to the Boundary Waters Canoe Area Wilderness. Over 50000 acres (202.3 km²) were added to the wilderness, which brought the total area to 1098057 acres (4,443.7 km²). This Act also instated regulations for many debated topics which were brought about by the Wilderness Act of 1964. Although the area may look nearly the same as it did prior to 1978, it is currently much quieter and mostly free of motorized vehicles.Motorboat restrictions
The use of motorboats in the wilderness was highly controversial, as they caused noise and environmental pollution. As a result, one of the first provisions of the Act was to prohibit the use of motorboats in the wilderness, as well as in lakes which border the wilderness, effective January 1, 1978. It restricted motorboats to 24% of the water surface area of the BWCA. Lakes with motorboat access are typically large lakes served by either access roads or mechanical portagesPortage
Portage or portaging refers to the practice of carrying watercraft or cargo over land to avoid river obstacles, or between two bodies of water. A place where this carrying occurs is also called a portage; a person doing the carrying is called a porter.The English word portage is derived from the...
.
25 horsepower limit
However, there are numerous exceptions to these restrictions. Motorboats with motors no greater than 25 hp may be used on the following lakes:- Trout Lake
- Fall LakeFall LakeFall Lake may refer to:*Fall Lake, Minnesota*Fall Lake Township, Minnesota...
- Moose LakeMoose LakeMoose Lake may refer to:In Canada:* Moose Lake, Manitoba* Moose Lake * Moose Lake In the United States:* Moose Lake, Minnesota* Moose Lake Township, Carlton County, Minnesota...
- Newfound Lake
- Sucker Lake
- Newton Lake
- South Farm Lake
- East Bearskin Lake
- Snowbank LakeSnowbank LakeSnowbank Lake is a small alpine lake in Elmore County, Idaho, United States, located in the Sawtooth Mountains in the Sawtooth National Recreation Area...
- Saganaga Lake east of American Point
- Basswood Lake (except portion northwest of Washington Island and north of Jackfish Bay)
This limit does not apply to towboats used to transport canoes on the lakes of Moose, Newfound, Sucker, and Saganaga until January 1, 1984.
Birch Lake and the portion north of Jackfish Bay in Basswood Lake have a 25 hp limit only until January 1, 1984.
10 horsepower limit
Motorboats with motors no greater than ten horsepower are to be permitted on the following lakes and river:- Sea Gull Lake east of Three mile Island
- Clearwater LakeClearwater Lake-Lakes:Canada*Clearwater Lake *Clearwater Lakes, the English name of the Lac à l'Eau Claire, a pair of impact craters in northern QuébecUnited States*Clearwater Lake , a lake and campsite in the Ocala National Forest, Florida...
- North Fowl Lake
- South Fowl Lake
- Island RiverIsland River-See also:*List of rivers of Minnesota-References:**USGS Hydrologic Unit Map - State of Minnesota...
east of Lake Isabella - Alder Lake
- Canoe Lake
Certain lakes are limited to to 10 hp until a specified date. These lakes include: Basswood River to and including Crooked Lake in Saint Louis and Lake Counties until January 1, 1984, Carp Lake, the Knife River and Knife Lake in Lake County until January 1, 1984, Sea Gull Lake, the portion generally west of Threemile Island until January 1, 1999, and Brule Lake in Cook County until January 1, 1994.
No horsepower limit
The Act designated the following lakes as being free of the horsepower limit:- Little Vermilion Lake
- Loon RiverLoon River-See also:*List of rivers of Minnesota-References:**USGS Hydrologic Unit Map - State of Minnesota...
- Loon LakeLoon Lake-Lakes:United States*Loon Lake , El Dorado County*Loon Lake , in the Silver Springs State Fish and Wildlife Area*Loon Lake *Loon Lake , a lake in Indiana*Loon Lake...
- Lac La Croix south of Snow Bay and east of Wilkins Bay
Snowmobile restrictions
Logging restrictions
The Act stated that the Secretary of Agriculture must terminate all timber sale contracts in the BWCA within one year of its passage. The logging in virgin forests was to terminate immediately. The one year termination period allows contracts to expire and for the logging companies to take corrective steps to clean up and restore tracts of timber which were harvested heavily. The U.S. government paid compensation for any timber contracts terminated or modified by this Act.Mining restrictions
Mining became restricted in the BWCA and the Secretary of Agriculture has the authority to acquire mineral rights in the Wilderness and along three road corridors in a 222000 acres (898.4 km²) Mining Protection Area.Quotas
The Act also established quotas for daytime use of motorboats on the lakes where they are permitted. Cabin owners, resorts, and their guests are exempt on their own lakes. The quotas are based on criteria such as the size and configuration of each lake. The quotas may not exceed the annual average actual annual motorboat use of the calendar years 1976, 1977, and 1978 for each lake and must take into account fluctuations in use during different seasons.Amendments
Although the BWCA Wilderness Act was never officially amended, several attempts were made between 1979 and 1982 by the state of Minnesota. All of these were eventually upheld by the 8th District Court. The Supreme Court of the United StatesSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
refused to review this opinion in 1982.