California Wilderness Act of 1984
Encyclopedia
The California Wilderness Act of 1984 is a federal law (Public Law
98-425), passed by the United States Congress
on September 28, 1984, that authorized the addition of over 3 million acres (12,140.6 km²) within the state of California
to the National Wilderness Preservation System
.
passed in 1964 provided guidelines and provisions for future wilderness additions, of which this California Act is one of.
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 5000 acres (20.2 km²), have only foot trails, and be undeveloped. The first evaluation and inventory 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 the "wilderness" ambiance. This second inventory had 69 roadless areas totaling almost 900000 acres (3,642.2 km²) , 176 non-wildernesss areas of about 2500000 acres (10,117.2 km²) and 118 further planning areas. At this point in history, 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 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 the question of land use, particularly wilderness, to the attention of more people in this country than any other effort."
Source: letter from Zane G. Smith, Jr to Dr. Richard P. Gayle
Feb.4, 1982
Box 3, 95-91-0003
National Archive Record Center
San Bruno, CA
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 nation-wide recommendation.
The California Wilderness Act included the inventoried roadless areas from RARE II as well as other areas recommended by environmentalists.
1. Motorized access-
§101(a)(2) and (25) allow continued access for livestock
facilities in two specific areas which are 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 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
.
politicians were concerned about maintaining the viability of plans for a highway
or tunnel
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
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 conservationist
s' efforts to prevent this highway. Reagan continued his efforts after being elected President
in 1980 and his influence helped the area to be eventually designated 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.
within the Six Rivers, Klamath and Siskiyou national forests. Within this wilderness area 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 the way to the US Supreme Court. The California Wilderness Act, by designating the Siskiyou Wilderness area in 1984, made the debate a moot point as it prohibits road construction and logging.
The US Forest Service planned to upgrade and pave a 6 miles (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 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, 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 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 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, 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 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 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 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 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 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.
Public law
Public law is a theory of law governing the relationship between individuals and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law...
98-425), passed by the 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....
on September 28, 1984, that authorized the addition of over 3 million acres (12,140.6 km²) within the state of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
to the National Wilderness Preservation System
National Wilderness Preservation System
The National Wilderness Preservation System of the United States protects federally managed land areas designated for preservation in their natural condition. It was established by the Wilderness Act upon the signature of President Lyndon B. Johnson on September 3, 1964...
.
Background-Roadless Areas
The historic Wilderness ActWilderness 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...
passed in 1964 provided guidelines and provisions for future wilderness additions, of which this California Act is one of.
One key provision called for evaluating roadless areas
Inventoried roadless area
Inventoried Roadless Areas are a group of United States Forest Service lands that have been identified by government reviews as lands without existing roads that could be suitable for roadless area conservation as wilderness or other non-standard protections. The Inventoried Roadless areas include...
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 5000 acres (20.2 km²), have only foot trails, and be undeveloped. The first evaluation and inventory 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 the "wilderness" ambiance. This second inventory had 69 roadless areas totaling almost 900000 acres (3,642.2 km²) , 176 non-wildernesss areas of about 2500000 acres (10,117.2 km²) and 118 further planning areas. At this point in history, things got a bit complicated. The state of California sued the US Forest Service charging that the agency's Environmental Impact Statement
Environmental impact statement
An environmental impact statement , under United States environmental law, is a document required by the National Environmental Policy Act for certain actions "significantly affecting the quality of the human environment". An EIS is a tool for decision making...
(EIS) process was faulty as it only had public comments from northern California and had ignored 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 the question of land use, particularly wilderness, to the attention of more people in this country than any other effort."
Source: letter from Zane G. Smith, Jr to Dr. Richard P. Gayle
Feb.4, 1982
Box 3, 95-91-0003
National Archive Record Center
San Bruno, CA
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 nation-wide recommendation.
The California Wilderness Act included the inventoried roadless areas from RARE II as well as other areas recommended by environmentalists.
Special provisions
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
Livestock
Livestock refers to one or more domesticated animals raised in an agricultural setting to produce commodities such as food, fiber and labor. The term "livestock" as used in this article does not include poultry or farmed fish; however the inclusion of these, especially poultry, within the meaning...
facilities in two specific areas which are 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
San Rafael Wilderness
The San Rafael Wilderness is a wilderness area in the mountains of north central Santa Barbara County, California, USA. It is completely contained within the Los Padres National Forest, and is north of the city of Santa Barbara and east of Santa Maria...
.
§101(a)(24) allows a right-of-way corridor for construction, within 10 years, of a transmission powerline
Electric power transmission
Electric-power transmission is the bulk transfer of electrical energy, from generating power plants to Electrical substations located near demand centers...
. 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
San Joaquin River
The San Joaquin River is the largest river of Central California in the United States. At over long, the river starts in the high Sierra Nevada, and flows through a rich agricultural region known as the San Joaquin Valley before reaching Suisun Bay, San Francisco Bay, and the Pacific Ocean...
.
Minaret Area Considerations
When the Wilderness Act of 1964 was being drafted CaliforniaCalifornia
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
politicians were concerned about maintaining the viability of plans for a highway
Highway
A highway is any public road. In American English, the term is common and almost always designates major roads. In British English, the term designates any road open to the public. Any interconnected set of highways can be variously referred to as a "highway system", a "highway network", or a...
or tunnel
Tunnel
A tunnel is an underground passageway, completely enclosed except for openings for egress, commonly at each end.A tunnel may be for foot or vehicular road traffic, for rail traffic, or for a canal. Some tunnels are aqueducts to supply water for consumption or for hydroelectric stations or are sewers...
connecting the Eastern Sierra and the San Joaquin Valley
San Joaquin Valley
The San Joaquin Valley is the area of the Central Valley of California that lies south of the Sacramento – San Joaquin River Delta in Stockton...
. These plans centered on the Minaret Summit
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, 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...
area as the distance between the end of Minaret Road, which runs northeast into the Sierras from North Fork, California
North Fork, California
North Fork is an unincorporated community in Madera County, California. It is located east of Raymond, at an elevation of 2638 feet .It is miles south east of Bass Lake and from Oakhurst. North Fork is also home of the Mono Indian Museum and the starting point of the Sierra scenic byway...
, and the end of the Red's Meadow Road, running west from Mammoth Lakes, California
Mammoth Lakes, California
-History:The European history of Mammoth Lakes started in 1877, when four prospectors staked a claim on Mineral Hill, south of the current town, along Old Mammoth Road. In 1878, the Mammoth Mining Company was organized to mine Mineral Hill, which caused a gold rush. By the end of 1878, 1500 people...
is less than 10 miles. The Act excluded an area southwest of Minaret Summit
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, 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...
to create a corridor for this possibility.
During his time as Governor of California
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
, Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
made a horse packing trip into the area. Afterwards he supported conservationist
Conservationist
Conservationists are proponents or advocates of conservation. They advocate for the protection of all the species in an ecosystem with a strong focus on the natural environment...
s' efforts to prevent this highway. Reagan continued his efforts after being elected President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
in 1980 and his influence helped the area to be eventually designated 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...
by this legislation. The Sierra Nevada escarpment is now a continuous 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...
from Round Mountain (near Inyokern) to Tioga Pass
Tioga Pass
Tioga Pass is a mountain pass in the Sierra Nevada mountains of California. State Route 120 runs through it, and serves as the eastern entry point for Yosemite National Park. It is the highest highway pass in California and in the Sierra Nevada. Mount Dana is to the east of the pass...
, a distance of about 150 miles.
The "G-O Road"
The passage of the California Wilderness Act created the 153000 acres (619.2 km²) Siskiyou WildernessSiskiyou Wilderness
The Siskiyou Wilderness is a federal wilderness area designated by the passage of the California Wilderness Act of 1984. Originally, the land area was The Northern California Wild Heritage Act of 2006 added for the current total of . All of the wilderness is in Northern California and is managed...
within the Six Rivers, Klamath and Siskiyou national forests. Within this wilderness area 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 the way to the US Supreme Court. The California Wilderness Act, by designating the Siskiyou Wilderness area in 1984, made the debate a moot point as it prohibits road construction and logging.
The US Forest Service planned to upgrade and pave a 6 miles (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
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 ....
, or NEPA. In response to public comments received on 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, 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
Six Rivers National Forest
Six Rivers National Forest is a U.S. National Forest located in the northwestern corner of California. It was established on July 1, 1947 by U.S. President Harry S. Truman from portions of Klamath, Siskiyou and Trinity National Forests. Its over one million acres of land contain a variety of...
.
Theodoratus Cultural Research, Inc. reported that a cultural conflict existed between Indian religious activity and Forest Service management practices. They concluded that "intrusions on 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 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
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
, the Federal Water Pollution Control Act (FWPCA), the National Environmental Policy Act of 1969 (NEPA), and several other federal statutes.
After trial, the District Court issued a permanent injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
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 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 the decision.
While an appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
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 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 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 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.