"Working for environ men tal qualitY and economic security"
.' ' St. Maries, Idaho 83861
PROTECTIONISM OR PLUNDER??
(Hi-Lites of The Federal 1Nild & Scenic Rivers Act (PL 90-.542)
and
(Idaho's 1975 ''Land-Use Bill" SBl09?, & Com.'1lents)
**"'
Feder~l Wild & Scenic Rivers Act1
Bacl<ground:
The Wild & Scenic Rivers Act has its "roots" in mMy bills presented to
Congress over a period of years, including the Wilderness Act of 1964. According
to the Hild & Scenic Rivers Act "Any portion of a component of the National
\o/ild and Scenic Rivers system that is within the national wilderness preservation
system, as established by , , , the Wilderness Act,,, "shall be subject to the provisions
of both the \'/ilderness Act and the National \o/ild and Scenic Rivers Act, • ,, "and in
case of conflict between the provisions of these Acts the more restrictive provisions
shall apply", H,R, 8ln6, H,R, 18260, S,ll9, H,R, 6166, and H,R, 90, all gave
shape and form to the National 1,-i:l.ld & Scenic Rivers Act, The St, Joe River, the
Priest and Hoyie Rivers in North Idaho and the Bruneau River in South Idaho 'Were
included in the Study Category in H,R, 90,
We in the St, Joe Valley Asso~iation feel that the inherent right of private
ownership, nationally, and on a state and local level are· in serious jeopardy;
that under the guise of "protectionism" by CLASSIFICATION, and other means,
private o~ership is to replaced by puolic ownership or emminent domain,
In the spring of 1973, we raised the question as to whether it w~s mandatory
for the Forest Service to come up with a recommendation for classification of a
Study river? Chief John McGuire of the U,S , Forest Service, in a letter dated
August 15, 1973, statedt ",,.Nothing in the Act (ll'ild & Scenic Rivers Act) no:t"
our po1 ic;v would nessarily preclude a non-classification recom.'llandation should
other factors warrant it."
Here are factors which we feel should make any river in Idaho excluded
from Classification under the Wild & Scenic Rivers Act:
1, The Multiple Use and Sustained Yield Act of 1960 which states "that
it is the policy of the Congress that the National Forests are established and
shall be ad~~nistered for outdoor recreation, range, timber1 watershed and wild.
life and fish purposes,,," 1 "The establishment and maintenance of areas of
H:'lderness are consistent with the nurposes and provisions of this Act," We are
of the opinion the Hultiple Use Act gives the U.S. Forest Ser\'ice all the authority
it .needs to "manage" or 11rnismanage" its forestso
Protectionism or Pl~~der, Conts
St, Joe Valley Association
page two
"'hat the Multip:J. Use Act does not do, is give the Federal Government authority
to move in on the heretofore sacred area of private ownership, and usurp traditional
property rights, The National i'.'ild and Scenic Rivers Act does do this--
and we are firmly opposed to an Act (Federal or State) which gives such rampant
authority for bureaucratic control of our lives, property, and livlihood,
2. Approximately 7o% of the State of Idaho is already in public ownership,
and since municipalities, schools and general welfare of its people are dependent
upon sufficient tax base, and since t~ere is no provision for long term compensation
from tax dollars lost in areas which are classfied, we are of the
opinion, that the loss of tax monies is an important reason why an area should
not be classified,
J, The State of Idaho, when it became State, Has granted authority over
its •,raters, Any type of classification, resulting from the Wild & Scenic Rivers
Act, would give that authority eit~er directlv (Federal administration of a
classified river) or indirectly (State admL~istered component of a river classified
under the ',>/ild & Scenic Rivers Act), to the Federal Government
4, The State of Idaho has enacted a State Land Use Planning Law which gives
sufficient aut~ority to local units of government to initiate and undertake
sound land-use planning at a local level,
5o Classification of any Idaho river will "lock-up" much needed potential
energy, mineral, timber, and agricultural resources, Our Association believes
t~at we must have a concern for the environment, but we do not recognize the
environmental aspect as a separate and total need, As believers in the Hultiple
Use Concept we believe our natural resources are capable of being harvested.
utilized and still preserved for the use of future generations •.
6, Classification of the St, Joe River (and other rivers) would give the
U,S, F,S, authority to establish a rninimum of 1/4 mile (320 acres per mile)
}~na.gement Corridor over Private Property, We feel personal rights, freedoms
and use of private property by legal taxpaying o;mers would be severely restricted,
Economic and personal uses of these private properties would be usurped through
enforced land ncguistion, by the means of conden~.ation for scenic or conservation
easementsa
7. Under the guise of protecting scenic VB.lUe.§_, and obtaining recreational ve.lues,
we feel classification ~r.tll place a cloud upon title to lands 11tutting classified
rivers, •Qll interfere with norMal progress and economic development, incur
a sta;:;gering expend\ ture of unknown proportions and set-up a condition of
"supersession 11 by the Federal Government which will interfere ~lith the right of
t~e State of Idaho to manage its own rivers,
I."', n; THE TRADITIONAL Al'ID INHE!tENT RIGHT OF PRIVATE 0\•.NERSHIP, OUR LAL'IDS ALONG
Ti'3 ST, JOE RIVER, ARE NOT SACRED A~D INVIOLATE THAN NEITH.:R CAl{ BE YOURS,
{~
J r~~r-Y'
Church gives
stand on wild
river designatio
With the Wild and Scenic
River bill and the study of
the St. Joe occupying the
interest of area residents,
Senator Frank Church
issued a statement concerning
his stand on the
subject when he visited St.
Maries Monday.
In a statement to the
Gazette Record, Senator
Church said:
"Before any segment of
the St. Joe River can
become a part of the Wild
and Scenic Rivers System
an affirmative act of
Congress is required. I
have no inclination to
support a bill that would
designate the St. Joe as a
wild or scenic river as long
as the majority of the local
people are opposed to such
designation.
"In cases of this kind, it
isn't feasible to establish
either a wild or scenic river
because the opposition of
the bank-land owners
makes the price too high.
The fact is that there is
presently insufficient
money available to
adequately implement this
)rogram.ln this situation it
makes much more sense to
designate rivers which flow
largely through public
lands. such as the Salmon
river as wild, and incorporate
them into the
system, rather than attempt
to force a Wild River
designation upon such a
river as the St. Joe where
most of the bank-land
owners are strongly opposed"
"It has never been my
purpose to impose a river
management plan which is
contrary to the wishes of
the majority of the local \
people in the area concerned.''
"When the Wild Rivers .
Act was originally passed
in the Senate, the St. Joe
River was not included
in the study
category. The inclusion of
the river came as the result
of an amendment to the bill
which was sponsored by the
Idaho Congressmen in the
House of Representatives.
That amendment was then
retained in the bill in the
conference between the two
Houses and thus became :
part of the final version of/'
the bill when it became
law." j
The Honorable Frank Church
senator, state of Idaho
qenate office ~ldg
',',Tashington, D. c. 20510.
Dear Senator Church: -~P'"",''
Route 1 Box 334-A
Hayden Lake, Idaho. 8~835.
30 August, lq73.
ilaM!n
SrP 4 1~11
< '·' •\ ., ' "iflfllltj,j
Recently you were quoted tn a local paper as not favoring
the continuing study of the st Joe River for possible classification
as a Wild and Scenic River. The reason stated was that as long as
it•s cl!lssification did not meet with the approval of the majority
of the local residents you would not support it.
I have no "axe to grind" in this matter and, although I do
consider myself to be a conservationist, I am W)t an "obstructionist"
and I fully realize that "multiple use" is the proper employment of
our Natural Resources. I am past president of the Coeur d• Alene
Wildlife ",ederation (1971 and 1972) and during this time I trted to
be considerate of the needs of all the people and not let any certain
"entity" exploit our Resources for the sake of the "Almighty Dollar".
I am very much concerned about leaving the st Joe in an "unclassified"
state. Already it is beginning to show the effects of development
by so called "outsiders" who will build, sell and move away. A very good
example is sun valley where, at one ttme you could see the mountains. Now
you look out the window of a condiminium and see another condiminium.
state Senator C. c. (Cy) Chase, who lives in St ~aries, has
already demonstrated his attitude of preserving the River. Re has
a development started in the "i'lood plain" and I understand he proposes
to build canals to make the property accessable to the River. What is
to become of sewage in this area is evident -- the property is on
the water table.
recently the District one, Idaho Wildlife Federation, held a
"Show ''fle Trip" on the st Joe. The weather was inclement and the turnout
was not what was expected. A "critique'' was held in a Bar where
the local r•csidents were in majority. Representative steve Symms was
invited anrl attended this 11eetinv,. ']'he 11 rRstdents 11 were very discourteous
to the "visitors" and proceeded to shout our speakers down. I was
hopeful that their conduct and fanatic attitude alienated ,,lr Sycnms and
~ave him some idea of who he was representing.
Since the river belongs to the public, lt should not be allowed
to be considered as ''personal property" of any one group. It is to be
notod that the Coeur dr Alene Tribe have supported a continuing study
for possible classification.
It is respectfully requested that you lend your support to the
continuing study to at least determine the river•s q11Blifications for
possible classlf'ication. A fair hearin~ is all we ask. District one,
Idaho Wildlife Federation passed a Resolution for the study to continue
with one dissenting vote, The st Joe Fish & r;ame Ass •n.
'I\~·~··./(' Wt ~
Yours very truly,
WM. M. !\lHJX,
Colonel, ffi., petired.
