Crater Lake National Park Administrative History

CHAPTER NINE

The purpose of this chapter is the examination of legislation relating to Crater Lake National Park from 1916 to 1986. Emphasis is placed on the provisions of the various legislative acts and their impact on park management, operations, and expansion. Separate sections of this chapter are devoted to analyses of park wilderness designation proposals, acquisition of major park inholdings, and various unsuccessful efforts to expand the park boundaries.

A. LEGISLATIVE ACTS

1. An Act Providing for Acceptance by Federal Government of Exclusive Jurisdiction over Park Lands and Establishment of Resident U.S. Commissioner Position (39 Stat. 521--August 21, 1916)

On August 21, 1916, four days before enactment of the act establishing the National Park Service, Congress approved legislation providing for acceptance by the federal government of the State of Oregon's cession of exclusive jurisdiction over the lands embraced in Crater Lake National Park. The legislation further provided for appointment of a U.S. Commissioner to reside in the park with authority to handle violations of law [misdemeanors] and rules and regulations promulgated by the Secretary of the Interior.

The Oregon state legislature approved an act on January 25, 1915, ceding to the United States exclusive jurisdiction over all lands within Crater Lake National Park. [1] The act reserved certain rights for the state, among these being service of "civil or criminal process" in "any suits or prosecutions for, or on account of, rights acquired, obligations incurred, or crimes committed in said State, but outside of said park." The state also reserved "the right to tax persons and corporations, their franchises and property on lands included in said park." Exclusive jurisdiction would not be vested in the federal government until after it had notified the state that it was assuming "police and military jurisdiction over said park."

Section 3 of the act states that confusion existed concerning the jurisdiction of the federal and state courts in the park. Hence passage of the act was "declared to be immediately necessary for the immediate protection of the peace, health, and safety of the State." An emergency was "declared to exist, and this Act shall go into immediate force and effect from and after its passage and approval by the Governor."

For more than a year Congress took no formal action to accept the cession of exclusive jurisdiction over Crater Lake National Park. Finally on April 20, 1916, Congressman Nicholas J. Sinnott of Oregon introduced legislation (H.R. 14868) in the House to accept the cession from the State of Oregon. Two days later Senator George E. Chamberlain of Oregon submitted a similar bill (S. 5704) in the Senate. [2]

The Sinnott bill was referred to the House Committee on Public Lands. In response to a request from committee chairman Scott Ferris, Secretary of the Interior Franklin K. Lane submitted a letter on May 3 endorsing the legislation:

The provisions of this bill are identical, except for the necessary changes to make it applicable to Crater Lake National Park, instead of Glacier National Park, with the provisions of the act of Congress approved August 22, 1914 (38 Stat., 699), accepting similar jurisdiction ceded by the State of Montana over the Glacier National Park. It also follows generally the provisions of S. 3928, to accept similar jurisdiction over the Mount Rainier National Park, Wash., which passed the Senate on March 9, 1916, and which is now pending in the House of Representatives.

It is very desirable for administrative reasons that the cession of jurisdiction by the State of Oregon over the lands within Crater Lake National Park should be accepted, and I recommend that the bill be enacted into law at the earliest practicable date. [3]

The Committee on Public Lands reported the bill with several minor amendments on June 22, and on July 1 the House passed the legislation. The bill was sent to the Senate on July 3, and nine days later the Senate Committee on Public Lands reported favorably on the bill. [4] After passing the Senate on August 5, the legislation (39 Stat. 521) was signed into law by President Woodrow Wilson on August 21. [5]

The law, as was customary with such acceptance bills, included detailed regulations for the park's administration. The park was declared part of the United States judicial district for Oregon. The United States District Court for Oregon, which had jurisdiction over all offenses committed in the park, was to appoint a commissioner who would live in the park for the purpose of hearing and acting "upon all complaints made of any violations of law [misdemeanors] or of the rules and regulations made by the Secretary of the Interior for the government of the park." The commissioner would receive a salary of $1,500 per year.

2. An Act Making Appropriations for Sundry Civil Expenses of the Government for the Fiscal Year Ending June 30, 1918, and for Other Purposes (40 Stat. 152--June 12, 1917)

The general appropriations act for fiscal year 1918 contained a section (U.S.C., title 16, sec. 135) pertaining to the acquisition of land inholdings at Crater Lake National Park. By its provisions the Secretary of the Interior was authorized to accept patented lands or rights of way over patented lands in the park that might be donated for park purposes.

While this specific authorization pertaining to Crater Lake was repealed by 46 Stat. 1028 in 1931, its general provisions were covered by 41 Stat. 917, a government appropriations bill approved by Congress on June 5, 1920. In "An Act Making Appropriations for Sundry Civil Expenses of the Government for the Fiscal Year ending June 30, 1921, and for other purposes," Congress granted:

The Secretary of the Interior in his administration of the National Park Service is authorized, in his discretion, to accept patented lands, rights of way over patented lands or other lands, buildings, or other property within the various national parks and national monuments, and moneys which may be for the purposes of the national park and monument system. [6]

3. An Act Accepting Certain Tracts of Land in the City of Medford, Jackson County, Oregon (43 Stat. 606--June 7, 1924)

From the inception of the park its superintendents had established their winter quarters and offices outside the park. This was due to the annual heavy snowfalls which made the park largely inaccessible from mid-autumn to late spring. By 1924 the open season for the park was from July 1 to September 30, during which time the superintendent established summer headquarters in the park. During the remainder of the year the park office was located in one room of the Federal Building in Medford. The superintendent rented living quarters in the town, and all park motor vehicles and road-building machinery was stored in the open on private land, the use of which had been granted by the public-spirited owners. [7]

During 1923 negotiations between Park Service officials and Medford town leaders resulted in the offer of three lots in fee simple as sites for buildings to be used for park administrative purposes. After the National Park Service indicated interest the Medford City Council passed an ordinance tendering to the United States the three lots on a tax and assessment free basis. It was contemplated that a warehouse and a combined residence and office for the park superintendent would be built on the lots. [8]

To enable the federal government to accept these lots Senator Irvine L. Lenroot of Wisconsin, who was chairman of the Senate Committee on Public Lands and Surveys, introduced legislation (S. 1987) on January 15, 1924. The bill read:

That the Secretary of the Interior be, and he is hereby, authorized to accept certain tracts of land in the city of Medford, Jackson County, Oregon, described as lots numbered 15 and 16, block 9, amended plat to Queen Ann Addition to the city of Medford: and lot 3, block 2, central subdivision to the city of Medford, which have been tendered to the United States of America in fee simple by the city of Medford, Oregon, as sites for buildings to be used in connection with the administration of Crater Lake National Park, Oregon. [9]

In response to a request by Lenroot, Secretary of the Interior Hubert Work submitted the department's recommendation for passage on January 31, 1924. The report read in part:

A warehouse at this location will afford an opportunity to put under cover and distribute from a central point supplies and equipment which may be purchased to better advantage during the winter and also to condition motor and other equipment so that the working forces of the park may be able to function immediately upon the opening date without having to carry on repair work at the same time.

In other national parks the superintendents are furnished and are able to spend the entire year within the park area. The superintendent of Crater Lake National Park, however, who receives a salary less than that of any other superintendent of a major park of the West, is obliged to provide a residence for his occupation during the closed season of the park. Experience has shown that it is difficult to find a suitable residence which may be leased at a reasonable cost for part of the year only. [10]

The bill encountered little opposition in Congress. It was reported favorably without amendment by the Senate Committee on Public Lands and Surveys on May 12, 1924, and passed the Senate ten days later. On May 24 the bill was referred to the House Committee on Public Lands, which reported it favorably without amendment on June 5. [11] The bill was approved by the House on June 7 and signed into law (43 Stat. 606) by President Calvin Coolidge that same day. [12]

After the enactment of the law proceedings were initiated for the formal conveyance of the two lots to the federal government. Accordingly, the two lots, comprising 0.13 and 0.28 acres respectively, were acquired and added to the park holdings on September 1, 1924. [13]

4. An Act to Add Certain Land to the Crater Lake National Park in the State of Oregon, and for Other Purposes (47 Stat. 155--May 14, 1932)

The long-sought effort to provide a more attractive southern entrance to the park and secure a more available water supply for park utilization was achieved by legislation in June 1932. On March 1 of that year Representative Robert R. Butler of Oregon introduced a bill (H.R. 9970) providing for the transfer of land from Crater National Forest to the park for such purposes. As introduced the bill provided:

That all of unsurveyed sections 2 and 11, north half and north half south south half section 14, and those parts of unsurveyed sections 1, 12, and 13, lying west of Anna Creek, in township 32 south, range 6 east, Willamette meridian in the State of Oregon be, and the same are hereby, excluded from the Crater National Forest and made a part of the Crater Lake National Park subject to all laws and regulations applicable to and governing said park. [14]

After the bill was referred to the House Committee on Public Lands its chairman, John M. Evans of Montana, requested the views of the Interior and Agriculture departments on the proposed legislation. On March 18 Secretary of the Interior Ray L. Wilbur submitted a memorandum in support of the bill that had been prepared by National Park Service Director Horace M. Albright three days before. In his memorandum Albright stated:

The extension proposed to be authorized by this legislation is the so-called Annie Creek extension of approximately 973 acres, to the south of Crater Lake National Park as recommended by the Coordinating Commission on National Parks and Forests.

The purposes of this extension are to secure for the Crater Lake National Park a more attractive entrance amid fine yellow pine forests and to secure a more available water supply for park purposes. This is of great administrative importance.

Because of unfavorable natural conditions and lack of available water supply at the south entrance to Crater Lake National Park, the idea of extending the park boundary some 3 miles farther south to include Annie Creek and the highway has been under consideration for the past five or six years. Such extension would provide a far more imposing park entrance and at the same time enable the development of a gravity water supply for ranger uses at the entrance.

The area was inspected by the Coordinating Commission on National Parks and Forests in 1926 and full agreement was reached on this proposed extension, which was also concurred in by the Forest Service. . . .

Albright went on to report that "an entirely new description of the area proposed to be added to the park" should be given in the bill. Hence he recommended new boundaries for the addition to the park:

That all of that certain tract described as follows: Beginning on the south boundary line of Crater Lake National Park at Four Mile Post No. 112; thence west along the south boundary line of said park 4.26 chains which is the northwest corner of this tract; thence south 114.42 chains; thence south 40°59' east, 84.39 chains; thence east 15.13 chains to highway stake No. 130; thence north 89°30' east, 18.06 chains; thence north 20.83 chains; thence north 19°40' west 126.04 chains; thence north 27°52' west 43.50 chains to the south boundary of Crater Lake National Park; thence west 24 chains, following the south boundary of said park to the place of beginning, in.

On March 16 Secretary of Agriculture Arthur M. Hyde submitted a report that gave less than enthusiastic endorsement to the bill, provided that Albright's revised boundary description was incorporated into its text. Hyde observed:

. . . It is understood informally from the National Park Service, that the bill incorrectly describes the lands which it is desired shall be affected by it and that a new description will be proposed; that this new description covers an area of approximately 973 acres extending along both sides of the Fort Klamath road for a distance slightly in excess of 2 miles; that the purpose of this addition is to insure a more attractive entrance to the Crater Lake National Park by giving especial protection to the timber along the highway.

This department feels that as a general rule such piecemeal adjustments of coterminus boundaries between national parks and national forests are less desirable and effective than comprehensive and permanent adjustments based upon careful studies of all factors involved which will include within the park all areas predominantly of park value and exclude from the park all areas predominantly of industrial value. It also dissents to the idea that the inclusion within national parks of the roads giving access thereto is essential to the maintenance of the scenic attractiveness of such roads, since this department in the administration of the national forests also adheres to a policy of conserving the scenic values of the lands abutting on the highways. In this particular instance, however, representatives of the Forest Service have agreed that the addition of a certain area to the park would not seriously conflict with the use and management of the surrounding national forest lands, and if the bill is amended to correctly describe that area, this department will offer no objections to its enactment.

After some deliberation the House Committee on Public Lands reported favorably on the bill I on March 24 with the recommendation that Albright's boundary revisions be inserted. [15] As amended the bill encountered little opposition in Congress. It passed the House on April 18, was referred to the Senate Committee on Public Lands and Surveys on April 19, and received a favorable report without amendments on April 26. [16]

After passage by the Senate on May 9 the bill was signed into law (47 Stat. 155) by President Herbert C. Hoover on May 14, 1932. Thus, 973 acres were added to the park, the addition becoming popularly referred to as the park's "southern panhandle."

The boundary change, which added some 973 acres to the park, had ramifications for the Park Service in terms of road maintenance. In response to inquiries from the Oregon State Highway Commission, Superintendent Elbert C. Solinsky stated on July 14, 1932:

It is true that our park boundary has been extended to include approximately 973 acres along the southern boundary. This addition includes a section of the state highway between Fort Klamath and the old park boundary. I believe approximately three miles of this highway have been added to the park and are now a part of the park highway system and subject to maintenance from Park Service funds. Unfortunately this year no allotments have been provided for the maintenance of this section. In fact practically no funds are available for road maintenance of our park roads. For that reason we will not undertake any maintenance work on the new section added by this boundary change this year. [17]

Some years later Superintendent Earnest P. Leavitt observed that considerable friction had developed between the Park Service and the Forest Service during negotiations for this addition to the park. Among other observations, he stated that:

. . . originally it was contemplated that the addition would be along section lines and would be a sizeable area. Before the addition was worked out, however, the Forest Service officials in charge became provoked at the National Park Service and determined that they would agree to only the very smallest area possible that was necessary to preserve this stand of ponderosa pine. The result is that we have a very narrow and irregular tongue of land extending south from the park boundary. [18]

5. An Act to Authorize the Acquisition of Additional Land in the City of Medford, Oregon, for Use in Connection with the Administration of the Crater Lake National Park (47 Stat. 156--May 14, 1932)

The Medford property acquired by the park in 1924 had become inadequate for park needs by 1932. The Park Service had built a warehouse (46 x 80 feet) on lot 3, block 2 of the central subdivision of the town which had been acquired in 1924. Each winter virtually all park equipment was taken to this property to be overhauled and placed in condition for the next season's operation. By 1932 the storage space for this equipment had become inadequate and the warehouse and yard greatly overcrowded, causing considerable delay and inconvenience in maintenance operations.

The lot (lot 4, block 2) adjoining the warehouse property became the property of Medford in the early 1930s. Park Superintendent Solinsky began negotiating with town authorities concerning donation of the lot to the Park Service for use in connection with the existing warehouse site. Assessments and interest against the lot amounted to nearly $1 ,000, and before the town could donate the lot it would be necessary for the matter to be placed on the ballot in the November election. The cost of the ballot measure was estimated to cost $300. However, it would be possible for the town to sell the lot to the government without the approval of the citizenry, and, accordingly, town officials offered the lot for the nominal sum of $300. [19]

On March 8, 1932, Representative Willis C. Hawley of Oregon introduced a bill (H.R. 10284) to authorize acquisition of the additional lot by the federal government. The bill read:

That the Secretary of the Interior be, and he is hereby, authorized to acquire on behalf of the United States for use in connection with the present administrative headquarters of the Crater Lake National Park, that certain tract of land in the city of Medford, Jackson County, Oregon, adjoining the present headquarters site and described as lot 4, block 2, central subdivision to said city of Medford, Oregon, which tract of land has been offered to the United States for the purpose aforesaid by the city of Medford, Oregon, free and clear of all encumbrances for the consideration of $300.

SEC. 2. That not to exceed the sum of $300 from the unexpended balance of appropriations heretofore made for the acquisition of privately owned lands and/or standing timber within the national parks and national monuments be, and the same is hereby, made available for the acquisition of land herein authorized. [20]

The bill encountered little opposition on its legislative course through Congress. After receiving endorsement by Secretary of the Interior Wilbur and Park Service Director Albright in mid-March, the House Committee on Public Lands recommended passage of the bill without amendment on March 28. [21] The House passed the bill on April 4 after which it was sent to the Senate. After being reported favorably without amendment by the Senate Committee on Public Lands and Surveys on April 26, [22] the bill passed the Senate on May 9. On May 14 the bill was signed into law (47 Stat. 156) by President Hoover. On March 7, 1933, the lot, comprising 0.13 acre of ground, was purchased and added to the park's property holdings. [23]

6. An Act to Amend an Act Entitled "An Act to Accept the Cession by the State of Oregon of Exclusive Jurisdiction over the Lands Embraced within the Crater Lake National Park, and for Other Purposes (49 Stat. 422--June 25, 1935)

The purpose of this legislation was two-fold. First, it provided for acceptance by the federal government of exclusive jurisdiction over the 973-acre south extension of the park from the State of Oregon. Second, it was designed to amend the Act of August 21, 1916 (39 Stat. 521) to allow the United States Commissioner for the park to live outside its boundaries. Since the park was closed each winter and the superintendent and other park officials maintained offices in Medford during those months, it was impracticable to require the commissioner to live within the park boundaries on a year-round basis.

The events precipitating this issue surrounded the death of William G. Steel on October 20, 1934. Steel had served as commissioner from 1916 to 1934 and at his death his daughter, Jean G. Steel, was appointed to succeed him effective October 25, 1934. On January 26 of the following year the Comptroller General of the United States ruled that no salary was payable for any period during which the commissioner did not reside within the boundaries of the park, thus disallowing the claim of Jean G. Steel for her salary from October 25 to December 31, 1934. A claim for the salary of William G. Steel from September 1 to October 20 was also disallowed. Thus the new legislation was proposed to allow payment of the accrued salaries. [24]

Senator Charles L. McNary of Oregon introduced the necessary legislation (S. 2185) on March 7, 1935. The bill contained language to amend three sections of the earlier legislation:

SEC. 6. That the United States District Court for Oregon shall appoint a commissioner, who shall reside within the exterior boundaries of the Crater Lake National Park or at a place reasonably adjacent to the park, the place of residence to be designated by the Secretary of the Interior, and who shall have jurisdiction to hear and act upon all complaints made of any violations of law or of the rules and regulations made by the Secretary of the Interior for the government of the park and for the protection of the animals, birds, and fish, and objects of interest therein, and for other purposes authorized by this Act.

SEC. 2. That section 9 of the said Act be amended by striking out the words, "Provided, That the said commissioner shall reside within the exterior boundaries of said Crater Lake National Park, at a place to be designated by the court making such appointment.

SEC. 3. Any commissioner heretofore appointed under authority of the said Act shall be entitled to receive the salary provided by law, which may have accrued at the date this Act becomes effective, without regard to whether such commissioner or commissioners may have resided within the exterior boundaries of the Crater Lake National Park. [25]

The bill received quick endorsement by Secretary of the Interior Harold L. Ickes, and the Senate Committee on Agriculture and Forestry reported favorably on the bill without amendment on April 15. [26] After being approved by the Senate on May 1, the bill was referred to the House where the Committee on Public Lands undertook its consideration on May 3. Earlier on April 17 Representative James W. Mott of Oregon had introduced an identical bill (H.R. 7566), which had been referred to the House Committee on Public Lands. Thus, on May 9 the committee reported favorably on H.R. 7566 without amendment. [27] On June 15 the House passed S. 2185 in lieu of H.R. 7566, and on June 25, 1935, the bill was signed into law (49 Stat. 422) by President Franklin D. Roosevelt.

7. An Act to Provide for the Resolution of Mining Activity Within, and to Repeal the Application of Mining Laws to Areas of the National Park System, and for Other Purposes (90 Stat. 1342--September 28, 1976)

On September 18, 1975, Senators Metcalf, et al. (co-sponsors were Senators Dale Bumpers, Alan Cranston, Mark Hatfield, Henry Jackson, J. Bennett Johnston, Robert Packwood, Richard Schweiker, and John Tunney) introduced legislation (S. 2371) that dealt with the only areas of the National Park System in which mineral development was permitted under the Mining Law of 1872--Crater Lake and Mount McKinley national parks, Death Valley, Glacier Bay, and Organ Pipe Cactus national monuments, and Coronado National Memorial. This was done since the level of technology of mineral exploration and development had changed radically in recent years and continued application of the mining laws of the United States to National Park Service areas often conflicted with the purposes for which those parks were established. The sponsors of the bill asserted that all mining activities in the National Park System should be conducted in such a manner as to prevent or minimize damage to the environment and other resource values, and in certain areas surface disturbance from mineral development should be halted temporarily while Congress determined whether or not to acquire any valid mineral rights which might exist in those areas.

Section 3 of the bill stated that "Subject to valid existing rights," various acts of Congress were to be amended or repealed to close the six aforementioned Park Service areas "to entry and location under the Mining Law of 1872." In this section "the first proviso of section 3 of the Act of May 22, 1902 (32 Stat. 203; 16 U.S.C. 123), relating to Crater Lake National Park, was amended by deleting the words 'and to the location of mining claims and the working of same.' "

Section 7 of the bill provided that within four years after the enactment of the legislation the Secretary of the Interior would determine the validity of any unpatented mining claims within Crater Lake National Park, Coronado National Memorial, and Glacier Bay National Monument. The secretary was to submit to Congress recommendations as to whether any valid or patented claims should be acquired by the United States.

Section 8 of the proposed legislation provided that all mining claims under the Mining Law of 1872 which were in National Park Service areas were to be recorded with the Secretary of the Interior within one year after the effective date of the act. Any mining claim not recorded during that period would be presumed to be abandoned and declared void. Such recordation would "not render valid any claim which was not valid on the effective date of this Act." [28]

The bill was referred to the Senate Committee on Interior and Insular Affairs, and on December 16, 1975, the committee reported favorably on the proposed legislation with amendments. Relative to Crater Lake the committee found that:

There are no unpatented or patented mining claims or locations within the park and, thus, there is currently no mining activity within the park.

As part of its report the committee printed a letter from Assistant Secretary of the Interior Nathaniel Reed to its chairman Henry M. Jackson on October 6. One paragraph of the letter concerned Crater Lake National Park:

This National Park may be technically open to location, entry, and patent under the mining laws of the United States. There are no unpatented or patented mining claims or locations within the park and, thus, there is currently no mining activity within the park. The Act of May 22, 1902 (32 Stat. 202) that established Crater Lake National Park stated that "Crater Lake National Park shall be open, under such regulations as the Secretary of the Interior may prescribe, to all scientists, excursionists, and pleasure seekers and to the location of mining claims and the working of the same." However, the Act of August 21, 1916 (39 Stat. 522), provided that the Secretary of the Interior shall make rules for the protection of the property therein "especially for the preservation from injury or spoilation of all timber, mineral deposits other than those legally located prior to the date of enactment of this Act, natural curiosities, or wonderful objects within said park. . . . Since the Act of 1916 did not specifically repeal the mining languages in the 1902 Act, there is some confusion in the law as to whether Crater Lake National Park is open to mining activity. [29]

The bill was debated at length in the Senate on February 3 and 4, 1976, and after several amendments (none of which affected Crater Lake) were adopted it was approved by that chamber on the 4th. The bill was sent to the House where the Committee on Interior and Insular Affairs submitted a favorable report with amendments on August 23. [30] After being amended (none of which affected Crater Lake), the bill passed the House on September 14. Three days later the Senate concurred in the House amendments, and on September 28 the bill was signed into law (90 Stat. 1342) by President Gerald R. Ford. [31]

8. An Act to Revise the Boundary of Crater Lake National Park in the State of Oregon, and for Other Purposes (94 Stat. 3255--December 19, 1980)

On February 20, 1980, Senator Mark O. Hatfield of Oregon introduced legislation (S. 2318) to revise and expand the boundaries of Crater Lake National Park. Hatfield noted in the Congressional Record that the bill was designed "to further protect a national park which houses the deepest and possibly the most pure body of fresh water in the United States. He went on to present a lengthy speech explaining the rationale behind his bill:

In contrast to most other natural lakes, Crater Lake has no influent or effluent streams to provide continuing supplies of oxygen, nutrients, and large volumes of fresh water. Thus, water entering the lake comes directly from rainfall or snowmelt and leaves by means of evaporation or seepage through fractures in the caldera wall. Its purity is thus highly susceptible to man-caused pollution, which would not be "flushed" by water moving through the lake.

Several other ecological communities of importance exist within the park. It is to these features that I address my concern. This legislation provides, through a moderate expansion of the park, protection for key natural features associated with the geological formations in the park. On the east, the boundary modifications would include the Sand Creek Drainage, a canyon which contains geological pumice formations commonly referred to as "The Pinnacles," as well as Bear Butte, a significant scenic feature viewed from within the park. To the north, the proposed boundary incorporates the lower slopes of Timber Crater, and the Desert Ridge-Boundary Springs ecological units. Sphagnum Bog, an area to the west of the park, which exhibits a flora of mosses and herbs, is fed by Crater Springs. The proposal incorporates that spring, as well as the scenic Spruce Lake into the park. Just outside the southwest corner of the park is a unique area known as Thousand Springs. This feature also would be included in the park, if the Senate enacts this legislation.

Total acreage of the existing park is 160,290. My proposal would add approximately 22,890 acres to that figure, all of which are presently managed by the U.S. Forest Service. There is no private land involved in this proposal.

I might also note . . . that the major portion of this acreage was recommended last year by the administration for additional protection as wilderness through the Forest Service evaluation of roadless areas, known as RARE II . After intensive evaluation by myself and my staff, I agreed that these lands merit protection. However, because of their size and relationship to the geological features of the park, I believe it makes sense that these lands be managed by the National Park Service.

. . . a glance at the map indicates that the straightlined boundaries drawn 80 years ago did not follow the ecological features of the land area, but simply carved a rectangle to assure protection of the lake. If we were to draw boundaries today which reflect natural ecological features related to those in the existing park, I believe they would clearly follow those proposed in this legislation. . . . [32]

The proposed additions by Hatfield comprised 8,000 acres less than a proposal by the administration of Jimmy Carter in 1979 to designate lands (RARE II) adjacent to the park boundaries as wilderness managed by the U.S. Forest Service. Lands deleted by Hatfield included acreage in the Diamond Lake area north of the park to permit its continued use by snowmobiles and land south of the park because much of it was in the wilderness bill and some was part of a proposed exchange with the state. Hatfield's bill was based on the recommendations of Park Service and Forest Service officials that had met at his instigation to come up with manageable boundaries that would contain features that could be placed in the park. [33]

As introduced S. 2318 provided for the repeal of the Act of May 14, 1932 (47 Stat. 155). Provisions in the bill included:

. . . The boundary of the park shall encompass the lands, waters, and interests therein within the area generally depicted on the map entitled, "Crater Lake National Park," numbered 106-80,001, and dated February, 1980, which shall be on file and available for public inspection in the office of the National Park Service, Department of the Interior. Lands, waters, and interests therein within the boundary of the park which were within the boundary of any national forest are excluded from such national forest and the boundary of such national forest is revised accordingly. [34]

The bill was referred to the Senate Committee on Energy and Natural Resources, which had Henry M. Jackson of Washington as its chairman. On September 18, 1980, the committee reported favorably on the bill and recommended passage without amendment. In its report the committee observed that the purpose of the proposal was to expand the park "by some 22,890 acres, in order to protect important natural features and to establish a more identifiable boundary."

The committee report contained a lengthy section on the background and need for the bill. This section read in part:

Since the lake was viewed as the primary feature of the park, straight line boundaries, generally following land survey section lines, were drawn to assure protection of the lake and to delineate the park. These boundaries did not follow the natural ecological features of the land area nor did they include certain significant natural features associated with the geological formations in the park.

In April of 1979, the administration transmitted to Congress its recommendations for management of some 62 million acres of roadless national forest lands. Included in its wilderness recommendations was a 30,000-acre strip of U.S. Forest Service land which surrounds Crater Lake National Park. These lands were recommended by the Forest Service for designation as wilderness.

The committee, however, felt these lands that are geographically related to the features of the park should be managed by the National Park Service, rather than having a narrow strip surrounding the park managed in wilderness by another agency.

In addition, the proposed minor changes would improve the park boundary by more closely following the topographical features of the land area. It would also add to the park key natural features associated with the geological formations in the park. . . .

Since the bill would have the effect of transferring lands from the U.S. Forest Service to the National Park Service no additional administrative costs were expected to be incurred by the federal government as a result of the bill's passage. It was estimated that it would cost $300,000 to post the revised boundary line. The removal of the lands involved from the national forest system would reduce the long-term programmed harvest of the surrounding forest by approximately 800,000 board feet per year, thus causing a long-term reduction in timber receipts of some $200,000 annually. [35]

A companion bill, Title I of H.R. 8350, was introduced by Representative Philip Burton in the House of Representatives on November 17, 1980. The Committee on Interior and Insular Affairs, to which the bill was referred, was discharged from consideration, and H. R. 8350 passed the House on November 19.

S. 2318 was brought before the Senate for consideration on December 4, 1980. During debate a section was added to the bill concerning provisions to make possible more effective protection of the Alpine Lakes Wilderness and more comprehensive management of the Alpine Lakes Area in Washington as established by the Alpine Lakes Area Management Act of 1976. The bill, as amended, passed the Senate on December 4 and the House the following day. The bill was signed into law (94 Stat. 3255) by President James E. Carter on December 19, 1980. [36]

9. An Act to Correct the Boundary of Crater Lake National Park in the State of Oregon, and for Other Purposes (96 Stat. 709--September 15, 1982)

On May 6, 1981, Senator Hatfield submitted a bill (S. 1119) to "correct the boundary of Crater Lake National Park." The 22,890-acre addition to the park in 1980 included a 480-acre parcel of timber on the west boundary which was scheduled to be cut under a contract entered into by the U.S. Forest Service in 1976. Thus, Hatfield introduced S. 1119 by stating:

Based on field examinations by Forest Service and Park Service personnel, a boundary line based on the above criteria was developed and reviewed by both agencies. The line finally adopted included a small parcel of timber on the west boundary which was scheduled to be cut under a contract entered into in 1976. Field personnel of the National Park Service were not aware that the added lands were subject to an outstanding timber sale. However, neither the sponsor of the legislation nor the Park Service wished to prohibit the exercise of valid contractual rights to cut timber by the boundary change.

Timber harvesting is not permitted within Crater Lake National Park. Accordingly, this legislation would remove from the park about 480 acres, of which 39 acres are scheduled to be harvested and 58 acres have already been cut during 1960-66. The new boundary line will conform the boundary to that which was intended by all parties when the 1980 legislation was considered. [37]

As introduced the bill read:

That (a) the first section of the Act entitled, "An Act reserving from the public lands in the State of Oregon, as a public park for the benefit of the people of the United States, and for the protection and preservation of the game, fish, timber, and all other natural objects therein, a tract of land herein described, and so forth", approved May 22, 1902 (32 Stat. 202), as amended, is further amended by revising the second sentence thereof to read as follows: "The boundary of the park shall encompass the lands, waters, and interests therein within the area generally depicted on the map entitled, 'Crater Lake National Park, Oregon,' numbered 106-80-001-A, and dated March 1981, which shall be on file and available for public inspection in the office of the National Park Service, Department of the Interior."

(b) Lands, waters, and interests therein excluded from the boundary of Crater Lake National Park by subsection S(a) are hereby made a part of the Rogue River National Forest, and the boundary of such national forest is revised accordingly. [38]

The proposed legislation was referred to the Senate Committee on Energy and Natural Resources for consideration. Meanwhile, on May 19, Representative Denny Smith of Oregon introduced an identical bill (H.R. 3630) in the House, where it was referred to the Committee on Interior and Insular Affairs.

In response to the request of Senate committee chairman James A. McClure of Idaho Under Secretary of the Interior Donald P. Hodel responded with the department's position on the bill on September 23. Recommending enactment of the bill Hodel urged passage "to remove the approximately 480 acres of land from Crater Lake National Park, and to make those lands a part of Rogue River National Forest." On October 7 the committee issued a report recommending passage of the bill without amendment. [39]

The bill passed the Senate on October 21 and was sent to the House where it was referred to the Committee on Interior and Insular Affairs the following day. Meanwhile on October 16 the House Subcommittee on Public Lands and National Parks had held hearings on H.R. 3630. On November 19 the subcommittee adopted S. 1119 in lieu of H.R. 3630 and reported its findings to the Committee on Interior and Insular Affairs. Among its recommendations, which were accepted by the full committee, were amendments authorizing the Secretary of the Interior to initiate studies and actions to assure the retention of Crater Lake's natural pristine water quality and to designate part of the Cumberland Island National Seashore as wilderness, the text relating to the latter issue becoming Section 2 of the bill.

The committee issued its report on December 10, 1981, recommending passage of the bill as amended. The section of the bill pertaining to Crater Lake included the language originally introduced by Hatfield. Furthermore, a provision was added relative to water quality testing of the lake:

. . . The Secretary of the Interior is authorized and directed to promptly instigate studies and investigations as to the status and trends of change of the water quality of Crater Lake, and to immediately implement such actions as may be necessary to assure the retention of the lake's natural pristine water quality.

Within two years of the effective date of this provision, and biennially thereafter for a period of ten years, the Secretary shall report the results of such studies and investigations, and any implementation actions instigated, to the appropriate committees of the Congress.

The committee felt that Section C was important in that the lake had "long been considered to contain some of the deepest and most pure water in the world." Research conducted in recent years had indicated "that water clarity of the lake" had been "reduced by 25% over the last 13 years." Thus, the committee was concerned that further studies be conducted and steps taken to assure the purity and clarity of the water in Crater Lake. [40]

The Senate concurred with the House amendments on August 19, 1982. Thereafter, it was signed into law (96 Stat. 709) by President Ronald Reagan on September 15. [41]

As congressional debate on this legislation indicated there was increasing concern about the clarity of the water in Crater Lake. Independent studies of Crater Lake during the late 1970s and early 1980s suggested that the lake had decreased in transparency and that the species composition and distribution of the phytoplankton had changed relative to results from short-term studies conducted between 1913 and 1969. Evaluation found that the transparency and phytoplankton data were inadequate for the basis of any definitive conclusions on whether long-term changes had occurred in lake water quality. To build on the existing baseline data, however, the National Park Service initiated a limnological study of Crater Lake during the summer of 1982 while the aforementioned legislation was being debated in Congress. [42]

As a result of this legislation a comprehensive Crater Lake Limnological Studies program was initiated during the summer of 1983. The broad objectives of the program were to (1) develop a reliable limnological data base for the lake for use as a benchmark or basis for future comparison; (2) provide a better understanding of physical, chemical, and biological characteristics and processes of the lake; and (3) establish a long-term monitoring program to examine the characteristics (i.e., temperature, pH, visibility, chlorophyll, and phytoplankton levels) of the lake through time. The purpose of the applied limnological investigations was to examine changing lake conditions and carry out studies to identify the causes of any changes that were found to exist. [43]

Further refinements were made to the Crater Lake limnological program in 1985 and 1986. New studies were initiated to determine the relationship between the fisheries population and the various lake organisms. During the summer of 1985 a research boat plan was approved and a boathouse was constructed on Wizard Island for the purpose of storing the three lake research boats--Boston Whaler, Gregor Pontoon Boat, and Livingston. [44]

By 1986 the limnological program at Crater Lake had become further institutionalized. First, a "Position Statement and Operational Plan for Winter and Spring Research on Crater Lake" was adopted, outlining standardized sampling and logistical procedures for lake research during the winter and spring. [45] Second, the Crater Lake park staff developed a comprehensive, interdivisional limnological program designed to monitor the lake water quality, protect the entire caldera ecosystem, and keep the public informed concerning lake research findings. The interdivisional program provided for clearly defined roles of various personnel and offices, including the Pacific Northwest Regional Office, principal park investigator, and park administrators, resource management specialists, biotechnicians, rangers, and interpreters. [46]

As the limnological program got underway a new threat to the water quality of Crater Lake surfaced. This threat stemmed from approval given in 1985 to the California Energy Company, a Santa Rosa-based geothermal production company, to test drill for geothermal resources in the Winema National Forest adjacent to the park. An environmental assessment prepared for the Bureau of Land Management and the U.S. Forest Service in 1984 foresaw no environmental impacts on the park as a result of incorporating various Park Service proposals: measurement of noise levels; testing of surface water for contamination that might occur during drilling; use of equipment to deter drill-hole blowouts; surveys to ensure no drilling inside the park boundaries; and testing of water from the drill holes to see if its chemistry matched that of Crater Lake. Despite these provisions, however, the Park Service continued to be concerned since no one was sure about the possible substrata connections between the geothermally heated waters and Crater Lake. This concern was based on fears that by tapping these hot waters, which would be only a few miles from Crater Lake, developers might jeopardize the water quality of the lake itself. [47]