Resolutions adopted by the stockholders of the Twin Falls Canal Company and the North Side Canal Company

              UNITEO STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE
WASHINGTON 25, O.C.
IN REPLY REFER TO
1510
September 9, 1964
Honorable Len B. Jordan
United States Senate
Dear Senator Jordan:
We have your letter of September 2 concerning the inquiry you
received from the Assistant Attorney General for the State of
Idaho about the application of the Wilderness Act which President
Johnson signed on September 3.
In addition to Item (6) of Subsection (d) of Section 4, which provides
for the performance of commercial services within the wilderness
areas to the extent necessary for activities proper for realizing the
recreational and other wilderness purposes of the areas, Item (8) of
this Subsection provides that nothing in the Act will be construed
as affecting the jurisdiction or responsibilities of the States with
reference to wildlife and fish in the National Forests.
Neither the provisions of the Wilderness Act nor the regulations
which will be issued by this Department under it have any effect
upon the applicability of Idaho law within the wilderness areas
designated by that Act. Thus the question as to the applicability
of a particular State law in these areas is in no way changed by
the enactment of the Wilderness Act.
Sincerely yours,
EDWARD P. CLIFF, Chief
By
ALLAN G. SHEPARD
ATTORNEY GEN!:RAL
Hon. Len Jordan
Senate Office Building
Washington, D.C.
Dear Senator Jordan:
STATE OF IDAHO
OFFICE OF THE ATTORNEY GENERAL
BOISE
August 24, 1964
Press reports indicate that the Wilderness Bill has
passed the Senate-House Conference Committee and will be considered
shortly by both houses.
As counsel for the Idaho Outfitters and Guides Board,
we have had frequent contact with the Forest Service regarding
the applicability of a state law such as the Idaho Outfitters
and Guides Act, Title 36, Chapter 54, Idaho Code, to federally
owned and managed lands such as are included in the Wilderness
Bill. With rare exception the attitude of the Forest Service
has been less than enthusiastic.
To our mind, the extent of the right of a state to exert
control of its citizens when on the Federal Domain is not
clear, except to the extent of taking fish and game, the admitted
property of the people of the state.
Most of the members of the outfitters and guides industry
in Idaho depend for their livelihood upon access to their
deeded rights within the area covered by the Wilderness Bill, and
all of the outfitters and guides operate within national forests
outside primitive and wilderness areas. If the Wilderness Bill
will restrict the rights of these citizens to carry on their
legitimate operations, then we urge some amendatory legislation
which will recognize the rights of outfitters and guides to operate
within national forests, and the correlative right of states
to regulate outfitters and guides in the interest of the public
health, safety and welfare.
Ron. Len Jordan
Page 2
August 24, 1964
We realize that it may be too late to accomplish such
legislation in regard to the present bill, but we urge that you
give this subject your consideration for the future.
In any event, may we have a copy of the bill when it
receives the approval of Congress?
Allan sends his best wishes to you and your staff.
Very truly yours,
SWB/aj
UNITED STATES DEPARTMENT OF AGRICULTURE
FOREST SERVICE
NI:ZPUIC'I NATIONAL FoREST
Ciiiii:ANG'IVILLI.. IDAHO ADDftl8. lltiP'LY TO
II'OIII:EST SUPI!:I'tVISOIIt
AND ftll'lft TO
2710
August 22, 1963
Mr. Joe Richardson
c/o Riverside Lumber Company
Orofino, Idaho
Dear Mr. Richardson:
On January 11, 1963, Secretary of Agriculture Orville L. Freeman signed
his decision establishing the Selway-Bitterroot Wilderness Area under
Regulation U-1. Pertinent parts of this regulation are QUOted below:
(a) Upon recommendation of the Chief, Forest Service, National
Forest lands in single tracts of not less than 100,000 acres may
be designated by the Secretary as "wilderness areas", within
which there shall be no roads or other provision for motorized
transportation, no commercial timber cutting, and no occupancy
under special use permit for hotels, stores, resorts, summer
homes, organization camps, hunting and fishing lodges, or similar
uses: Provided, That roads over National Forest lands reserved
from the public domain and necessary for ingress and egress to or
from privately owned property shall be allowed under appropriate
conditions determined by the Forest Supervisor, and upon allowance
of such roads the boundary of the wilderness area may be modified
without prior notice or public hearing to exclude the portion
affected by the roads,
(h) Grazing of domestic livestock, development of water storage
projects which do not involve road construction, and improvements
necessary for the protection of the Forest may be permitted
subject to such restrictions ns the r,hief deems desirable.
Within such designated wildernesses, when the use is for other
than administrative needs Find emergencies, the la.ndiM of airplanes
and the use of motorboats are prohibit<ed on Hational
Forest land or water unless such use by airplanes or motorboats
has already become well established, and the use of motor
vehicles is prohibited unless the use is in accorctunce with B
statutory right of in~ress and e~ress.
The Moose Cre<ek airfield was open to public use durin>; the time the
area was desif.inated as a primitive area. This field will ren;ain open to
public use under Regulation U-1 and serve as access to the vicinity of your
property. The trail from the Moose Creek administrative site provides access
to your property. This is a trail for horse and foot travel. Motorized
travel is prohibited on this trail.
You are presently using motorized equipment between the Moose Creek airfield
and your private property. In accordance with the provisions of (a) above,
you are hereby notified that this use of motorized equipment must cease.
Should you choose to do so, you will be authorized to use horse-drawn
vehicles from the Moose Creek airfield to your private property. This use
must be approved under regular special use permit.
In oraer that you may have an adequate period of time to adjust your operations,
I am setting August 31, 1964 as the effective date. l~otorized equipment
will not be used between the Moose Creek airfield and your private
property after that date.
If you have questions concerning this decision or procedures for special
use application, please discuss them with the IJistrict Hanger.
Sincerely,
};·~~ ;( l,;/~~A
JOHN H. !ULODRAGO~Il,
F'orest Supervisor
1
RESOLUTION
OPPOSITION TO WILDERNESS L.I'.:GISLATION
vvHEREAS, There was introduced in the last >.<ession of
the Congress S. 174 to establish a National Vdldemess Preservation
System which would seek the conversion of large areas of public
domain into ''Wilderness Areas", which said bill 1-•assed the United
States Senate at the last se8sion; and
WHEREAS, The economy of the State of Idaho is based upon
its agriculture, mining, lumber, sheep and cattle industries, and the
use of its waters for irrigation and hydroelectric power; and
WH.~at£1>8, Such '\dlderness ,c~.reas", if created, would
interfere with orderly }Jrograrns of land and watershed (llanagement
and development, and woulJ impair present public land uses for grazing,
lumbering and mining and storage reservoirs for irrigation;
NGW, THEREJ:i'UH.b, B.l:!; IT RBSOLVED That the stockholders
of the Twin Falls Canal Company at its annual meeting on January 8,
UW:O, declare its op;Josition to the enactment of S. 1.7'! or silililar
legislation; and
BE IT FUHTHER RES0LVED, That copies of this reRolution
be sent to the Idaho Congressional Delee;ation in vV ashinbrton, D. C.
R_ P PARRY
T M_ ROBERTSON
JOHN H. DALY
CLIFFORD E FIX
BERT LARSON
C G MciNTYRE
JOHN R. COLEMAN
PARRY, ROBERTSON & DALY
LAWYERS
FIDELITY BANK BUILDING
TWIN FALLS, IDAHO
TELEPHONE 73.3-3722
AREA COOE NO. 206
April 8, 1963.
Honorable Len B. Jordan,
Senator from Idaho,
Senate Office Building,
Washington, D. C .
Dear Senator:
OF COUNSEL
HUGH A. BAKER
I am enclosing for your information and consideration
Resolutions adopted by the stockholders of the Twin Falls
Canal Company and the North Side Canal Company at their
annual meetings, held January 8 and January 15, 1963, respectively,
registering their opposition to the so-called Wilderness
Bill and a bill to create a Water Resources Council and river
basin commissions, and also a Resolution adopted by the stockholders
of the Twin Falls Canal Company in opposition to federal
control on potatoes.
I have deferred forwarding these Resolutions until I
was able to learn the numbers of similar bills introduced at this
session. The Wilderness Bill, as you know, is S. 4 and the Water
Resources Planning Bill is S.1111.
Best personal regards.
Very truly yours,
{?ecr;.~ t
CLIFFOififiE. FIX
CEF:jb
Enclosures.
CC: Twin Falls Canal Company.
North Side Canal Company.
RESOLUTION
WATER RESOURCES PLANNING LEGISLATION
WHEREAS, There was introduced in the last session of
Congreu S. 2246 and H. R, 8177 to create a Water Resources
Council and River Basin Commission; and
WHEREAS, The creation of a Water Resources Council,
composed of the Secretaries of Interior, Agriculture, the Army,
and Health, Education and Welfare, would have far-reaching
control over water resources projects which may be developed
within the states; and
WHEREAS, The establishment of river basins commissions
with far-reaching powers to coordinate federal development of
water resources might be another step toward river basin authorities
which thi11 Company has repeatedly gone on record in opposition;
NOW, THEREFORE, Bl£ IT RESOLVED, That the stockholders
of the Twin Falls Canal Company at its annual meeting on January
8, 1963, declare their opposition to S. 2246 and H.R. 8177 in their
present form; and
BE IT FURTHER RESOLVED, That a copy of this resolution
be sent to the Idaho Congressional Delegation in Washington, D. C.
R:t<::SOGUTION
FEDERAL CONTROLS ON POTATOES
BE IT RESOLVED, By the stockholders of the Twin Falls
Canal Company at its annual meeting neld on January 8, 1963, that they
are o1,posed to the issuance of regulations by the United States
Department of A15riculture relating to feaeral controls on potatoes,
including acreage limitations, price support, and marketin€(; and
BE IT FURTHBH liBSULV.I:!.D, That a COfJ.) of this resolution
be sent to Secretary of Ac:;ricuiture Freeman, and to the mem~Jers of
the Idaho ;.!ongressional 0ele,;ation.
RESOLUTION
OPPOSITION TO WILDERNESS LEGISLATION
WHEREAS, There was introduced in the last session of
the Congress S. 174 to establish a National Wilderness Preservation
System which would seek the conversion of large areas of public
domain into "Wilderness Areas", which said bill passed the United
States Senate at the last session; and
WHEREAS, The economy of the State of Idaho is based upon
its agriculture, mining, lumber, sheep and cattle industries, and the
use of its waters for irrigation and hydroelectric power; and
WHEREAS, Such "Wilderness Areas", if created, would
interfere with orderly programs of land and watershed management
and development, and would impair present public land uses for grazing,
lumbering and mining and storage reservoirs for irrigation;
NOW, THEREFORE, BE IT RESOLVED That the stockholders
of the North Side Canal Company at its annual meeting on January 15,
1983, declare its opposition to the enactment of S. 174 or similar
legislation; and
BE IT FURTHER RESOLVED, That copies of this resolution
be sent to the Idaho Congressional Delegation in Washiniton, D. C.
RESOLUTION
WATER RESOURCES PLANNING LEGISLATION
WHEREAS, There was introduced in the last session of
Congress S. 2246 and H. H. 8177 to create a 'water Resources
Council and River Basin (;ornmission; awl
WHEREAS, The creation of a Water Resources Council
compo:oed of the Secretaries of Interior, Agriculture, the Army,
and Health, Education and Vvt:lfare, would have far-reaching
control over water resources projects which may be developed
within the states; and
\vHERB.AS, The establishment of river basins commissions
with far-reaching power:; to coordinate federal development of
water resources mi,;ht be another step toward river basin authorities
which this Company has repeatedly gone on record in opposition;
NOYv, THEREFURE, Bl:!; IT RESOLVED, That the stockholders
of the North Side Canal Company at its annual meeting on January
15, 1963, declare their opposition to 0>. 2246 and H. H. '117'7 in their
present form; and
BE IT FURTHER RESOLVED, That a copy of this resolution
be sent to the Idaho Congressional Delegation in Washin1,>i:on, D. C.
STATEMENT BY SENATOR LEN B, JORDAN ON WILDERNESS BILL, S, 4 <iongrrssional1Rrcord
PROCEEDINGS AND DEBATES OF THE 88th CONGRESS, FIRST SESSION
Vol. 109 WASHINGTON, TUESDAY, APRIL 9, 1963 No . .52
Mr. JORDAN of Idaho. Mr. President,
will the Senator from Colorado
yield?
Mr. DOMINICK. I yield to the distinguished
Senator from Idaho.
Mr. JORDAN of Idaho. Mr. President,
I wish to associate myself with the
remarks of the distinguished Junior Senator
from Colorado. I doubt it there is
a Senator who is more in favor of preserving
a segment of our country in its
natural state, for the enjoyment of present
and future generations, than I. I
can think of few things more wastefUl
and thoughtless than to destroy all the
primeval areas in our Nation., so that fUture
generations could never see for
themselves what this cpntinent was like
centuries ago. But there are honest
differences of opinion as to the best way
to accomplish this purpose.
I wish to speak in support of the pending
amendment to the wilderness b1ll, an
amendment which I am privileged to cosponsor
with the senior Senator !rom
Colorado [Mr. ALLOTTl and other Senators.
I think the amendment Is a good
one; In fact, I think It Is vital to the success
of any wilderness biU.
The theory and practice of American
constitutional government has been that
Congress shall pass measures and the
Executive shall have the veto power, with
Congress retaining the power to override
such a veto by a two·thirds vote. Under
the pending bill. as reported by the committee,
this process would be reversed,
because the Executive would make the
recommendations, leaving to Congress
the power to veto.
The process established by the committee
bill Is not In accordance with the
usual congresston~ procedures, but fol ..
lows the outline set up by the ReorganIzation
Act of 1947, which relates to
changes in the executive branch of the
Government, not to methods of handling
public lands owned by the Federal Government.
Those who claim that the amendment
woUld harm the overall wilderness blll
are in a sense indicting our traditional
legislative process. In the past, Congress
has acted, without any undue hardship,
on many pieces of legislation similar
to those which would be involved in
the approval of future wllderness areas.
The present congressional procedures
relative to natural resources development
are the time-honored processes. At
present, all such actions are taken by
aftlnnative action. Congress must affirmatively
act to include within the
wilderness system all lands not now
designated for specific rises; Congress
must take afDrmative action to create
national parks from forest lands; and
Congress must take specific action to authorize
reclamation projects which are in
the public lands system. I cannot understand
why there Is any Justification
for making a congressional procedure for
wilderness areas the sole exception to .the
regular process of dealing with public
lands.
The procedure established by the committee
bill Is I>Med on the outline or the
Reorganization Act of 1947. This act
grew out of the Hoover report and was
passed to give the President more of an
opportur.Uty to reorgar.rlze the Clover.nment
according to what he felt was necessary.
That 1s not the same as dealing
with public lands. Here we are dealing
with the fundamental respons1b111ty over
the assets of the United States. These
assets belong to all the people.
When Congress delegated this present
power to the Secretary of Agriculture.
I believe It was negligent of Its duties. I
hope that today we will take back that
power.
If the attention of the whole Congress
were focused on each individual area proposed
for wilderness by holding congressional
hearings, there would be much
more assurance that this land would be
properly classified for Its highest use. I
understand that the bill cans for congressional
hearings, but only If resolut!
ons have been submitted to disapprove
the President's recommendations. If no
such resolutions are submitted, no hearings
wm be held, and the President's rec~
ommendattons will become law.
The dedication of any area to a single
use, whatever the purpose, is premature
until It Is Justified by thorough study.
Congressional hearings would certainly
afford an opportunity for more of such
study. Who knows, at this time, what
hidden mineral wealth, for instance,
might be round under these lands? Fifty
years ago, not only was the need for
urar.rlum and its use unknown, but the
actual metal Itself existed In obscurity.
Who is to say what unknown metal will
be vital to the survival of this country in
future years? How can such ores be
found in wilderness areas if such areas
cannot be prospected by modem
methods?
S. 4 would permanently set aside for
exclusive and extremely ltmited wilderness
use some 3 million acres of publlc
lands in Idaho. Much of thiS acreage
has never been objectively evaluated for
multiple-use potential. Its mineral potential
is virtually unknown. Some of it
has not even been surveyed.
I urge the the Senate to approve the
amendment, because I belleve it is vital to
the btll. I believe we should have a.
wilderness system to preserve some
primeval a.rea.s of our country. I believe
that to do this we must pass a
wilderness bill. But I am not willing to
vote for a wilde1ness bill which does not
protect the people of the country from
the precipitate actions of the Secretary
of Agriculture and the Secretary of the
Interior. I want a wilderness bill which
will restore to us the traditional congressional
review and controls which were
set aside by earlier congressional action.
I urge senators to support the amendment
offered by the senior senator from
Colorado [Mr. ALLOTT1, by myself, and
by other Senators.
Mr. DOMINICK. I thank the Senator
from Idaho for what I believe is a
pertinent and statesmanlike presentation
concerning this problem. Does the
Senator agree that in this amendment
we are dealing with an extraordinarily
important concept?
Mr. JORDAN of Idaho. Indeed. I do.