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1

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Note to presenters -

• This is the LONG version of the Wilderness Act.
  A SHORT version is also available.
• The LONG version has more detail on some sections
  of the Wilderness Act (i.e. special provisions,
  process for designating new areas, other agency
  mgmt. etc.) and includes FS Wilderness Policy
  (FSM 2320)
• Separate presentations on Wild. Act HISTORY,
  VALUES AND BENEFITS, TRIVIA, MINIMUM
  REQUIREMENTS, and COURT CASES are also available
• Local images and topics will need to be
  substituted to tailor this presentation to the
  workshop objectives
• Check the images and animation to be sure that no
  corruption occurred during download.

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4
The Wilderness Act
for the permanent good of the whole people, and
for other purposes.
Workshop Location Date
5
The Wilderness Act

• Part 1 - Purpose of wilderness
• Part 2 - Definition of wilderness
• Part 3 - Management of Wilderness
• Part 4 - Other laws and FS policy
• Part 5 - Stewardship principles

6
The Wilderness Act of 1964 PL 88-577
COMPLETE TEXT OF THE WILDERNESS ACT Public Law
88-577 (16 U.S. C. 1131-1136) 88th Congress,
Second Session September 3, 1964 A N A C T To
establish a National Wilderness Preservation
System for the permanent good of the whole
people, and for other purposes. Be it enacted by
the Senate and House of Representatives of the
United States of America in Congress assembled.
SHORT TITLE SECTION 1. This Act may be cited
as the "Wilderness Act."   WILDERNESS SYSTEM
ESTABLISHED STATEMENT OF POLICY SECTION 2.(a)
In order to assure that an increasing population,
accompanied by expanding settlement and growing
mechanization, does not occupy and modify all
areas within the United States and its
possessions, leaving no lands designated for
preservation in their natural condition
7
The Wilderness Act

• Title
• Section 1 - short title
• Section 2 - policy and definition
• Section 3 - extent of system
• Section 4 - use of wilderness areas
• Section 5 - state and private lands
• Section 6 - gifts and contributions
• Section 7 - annual reports

8
Title

• An Act to establish a National Wilderness
  Preservation System for the permanent good of the
  whole people, and other purposes.

9
Section 1

• Short Title
• This Act may be cited as The Wilderness
  Act.

10
The Wilderness Act

• Describes the purpose of wilderness
• Creates the National Wilderness Preservation
  System (NWPS)
• 2. Defines wilderness
• 3. Establishes the process for designating
  wilderness areas
• 4. Sets provisions for the management and use of
  wilderness areas

11
What is the purpose of wilderness, as described
in the Wilderness Act of 1964?
12
Section 2 (a)

• In order to assure that an increasing
  population, accompanied by expanding settlement
  and growing mechanization, does not occupy and
  modify all areas within the United States and its
  possessions,

The Purpose of the Wilderness Act
13
Section 2 (a)

• In order to assure that an increasing
  population, accompanied by expanding settlement
  and growing mechanization, does not occupy and
  modify all areas within the United States and its
  possessions,

The Purpose of the Wilderness Act
14
Section 2 (a)

• leaving no lands designated for preservation
  and protection in their natural condition

The Purpose of the Wilderness Act
15
Section 2 (a)

• it is hereby declared to be the policy of the
  Congress to secure for the American people of
  present and future generations the benefits of an
  enduring resource of wilderness.

The Purpose of the Wilderness Act
16
Resource of wilderness ???
physical/biological
emotional/social
17
Section 2 (a)

• it is hereby declared to be the policy of the
  Congress to secure for the American people of
  present and future generations the benefits of an
  enduring resource of wilderness.

The Purpose of wilderness
18
Benefits ???
19
Section 2 (a)

• it is hereby declared to be the policy of the
  Congress to secure for the American people of
  present and future generations the benefits of an
  enduring resource of wilderness.

The Purpose of the Wilderness Act
20
Enduring for future
generations
21
Section 2 (a)

• For this purpose there is hereby established a
  National Wilderness Preservation System ...

22
9. 1 million acres of National Forest land
included in The Wilderness Act of 1964
23
Section 3 (a)

• all areas within the national forests
  classified as wilderness, wild, or canoe
  are hereby designated as wilderness areas.

24
Section 3 (c)

• Within ten years the Secretary shall review
  every roadless area of five thousand contiguous
  areas or more in the national parks, monuments
  and every area of the national wildlife refuges
  and game ranges and shall report to the
  President as to the suitability for
  preservation as wilderness.

25
Section 2 (b)

• the area shall continue to be managed by the
  Department and agency having jurisdiction
  thereover immediately before its inclusion in the
  National Wilderness Preservation System ...

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How is new wilderness designated ?

• What is the process and who has the authority?

28
In order to escape the whims of politics, which
might make the president of the American
Automobile Association the next Secretary of the
Interior and Henry Ford the next Secretary of
Agriculture - Bob Marshall
29
Section 2 (a)

• and no federal lands shall be designated as
  wilderness areas except as provided for in this
  Act or by a subsequent Act.

30
Section 3 (c)

• A recommendation of the President for designation
  as wilderness shall become effective only if so
  provided by an Act of Congress.

31
Section 3 (e)

• Any modification or adjustment of boundaries of
  any wilderness area shallbecome effective only
  if so provided by an Act of Congress.

Boundary Adjustments
32
Section 3 (d)

• The Secretaries shall
• give public notice
• hold public hearings
• advise the governor

Public involvement pre-NEPA
33
The Wilderness Act

• Part 1 - Purpose of wilderness
• Part 2 - Definition of wilderness
• Part 3 - Management of Wilderness
• Part 4 - Other laws and FS policy
• Part 5 - Stewardship principles

34
What is wilderness?

• Wilderness is a dark and dismal place where all
  manner of beasts roam around uncooked.
• - anonymous, 18th century

35
Section 2 (c)

• A wilderness, in contrast with those areas where
  man and his own works dominate the landscape,
• where man himself is a visitor who does not
  remain.

Definition of wilderness
36
Section 2 (c)

• A wilderness, is hereby recognized as an area
  where the earth and its community of life are
  untrammeled by man,

Definition of wilderness
37
Section 2 (c)

• A wilderness, is hereby recognized as an area
  where the earth and its community of life are
  untrammeled by man,

Definition of wilderness
38
The word untrammeled is one that came into use
in this definition after dissatisfaction with
almost every other word that had been
suggested. -Howard Zahniser Author of The
Wilderness Act
39
Untrammeled?
40
Untrampled ?
41
Trammel
Noun A net for catching birds or fish a shackle
for making a horse amble Verb to catch or hold
in or as if in a net to prevent or impede the
free play of
42
UntrammeledNot being subject to human
controls and manipulations that hinder the free
play of natural forces. - Howard Zahniser
Untrammeled Unhindered, uncontrolled, or
un-manipulated
43
Section 2 (c)

• A wilderness, is hereby recognized as an area
  where the earth and its community of life are
  untrammeled by man,

Definition of wilderness
44
Section 2 (c)

• An area of wilderness which is protected and
  managed so as to preserve its natural conditions

Definition of wilderness
45
which is protected and managed so as to
preserve its natural conditions
How should it look ? What is natural ?
46
which is protected and managed so as to
preserve its natural conditions

• Do we manage by trying to replicate natural
  conditions as they were at a certain point in
  time?
• Era of European settlement, 1964, 1978, ???
• We manage for natural conditions by not
  trammeling (controlling) natural processes
• Naturalness will be the result, eventually
• We may restore natural conditions to reverse the
  adverse effects of human interference
• Carefully weigh the benefits vs. effects

47
which is protected and managed so as to
preserve its natural conditions

• How do we manage for natural conditions during a
  period of increased climate change?
• Redefine the historic range of variability?
• Mitigate effects through protection or
  restoration of native species?
• Assist with species migration?
• Carefully consider any actions

48
Section 2 (c)

• An area of wilderness is further defined to mean
  in this Act an area of undeveloped Federal land
  retaining its primeval character and influence,
  without permanent improvements or human
  habitation

Definition of wilderness
49
Section 2 (c)

• An area of wilderness is further defined to mean
  in this Act an area of undeveloped Federal land
  retaining its primeval character and influence,
  without permanent improvements or human
  habitation ...

Definition of wilderness
50
Section 2 (c)

• An area of wilderness is further defined to mean
  in this Act an area of undeveloped Federal land
  retaining its primeval character and influence,
  without permanent improvements or human
  habitation ...

Definition of wilderness
51
Section 2 (c)

• An area of wilderness is further defined to mean
  in this Act an area of undeveloped Federal land
  retaining its primeval character and influence,
  without permanent improvements or human
  habitation ...

Definition of wilderness
52
Section 2 (c)

• generally appears to have been affected
  primarily by the forces of nature, with the
  imprint of mans work substantially unnoticeable

Definition of wilderness
53
Section 2 (c)

• generally appears to have been affected
  primarily by the forces of nature, with the
  imprint of mans work substantially unnoticeable

Definition of wilderness
54
Common Definitions of Wilderness
a. pristine landscapes untouched by past human
occupation or activities
b. natural, undeveloped, untrammeled
Which is the definition found in the Wilderness
Act ?
55
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Examples of previous human development included
in wilderness

• Logging
• Mining
• Grazing
• Roads
• Farms and homesteads
• Cemeteries
• Dams and water diversion structures

57
The Definition of Wilderness - The Language of
the Act -
untrammeled
untouched
natural
primeval
undeveloped
pristine
58
The Definition of Wilderness- The Language of
the Act -
untrammeled
untouched
natural
primeval
undeveloped
pristine
Untouched and pristine are not words used in
the Wilderness Act
59
The Language of the Act- The practical
definition of wilderness -
affected primarily
substantially unnoticeable
generally appears
of sufficient size
may also contain
60
Adapted from The Wilderness Management Model
FSM 2320.6
Pristine - Absolute wilderness
Legal definition of wilderness preservation of
wilderness character
Wilderness X at time of designation
Purity Natural Conditions
Management effort
0
Human Influence Trammeling and Development
61
Section 2 (c)

• has outstanding opportunities for solitude or a
  primitive and unconfined type of recreation

Definition of wilderness
62
Section 2 (c)

• has outstanding opportunities for solitude or a
  primitive and unconfined type of recreation

Definition of wilderness
63
Wilderness provides outstanding opportunities
for solitude or a primitive and unconfined type
of recreation Visitors seek and find their own
experiences.
64
Section 2 (c)

• has outstanding opportunities for solitude or a
  primitive and unconfined type of recreation

Definition of wilderness
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Section 2 (c)

• (4) may also contain ecological, geological, or
  other features of scientific, educational,
  scenic, or historical value.

67
Examples of the Historical Value of Wilderness
68
Section 2 (c)

• (3) has at least five thousand acres of land or
  is of sufficient size as to make practicable its
  preservation and use in an unimpaired condition
  and

69
Section 2 (c)

• (3) has at least five thousand acres of land or
  is of sufficient size as to make practicable its
  preservation and use in an unimpaired condition
  and

70

• 1968
• Great Swamp National Wildlife Refuge
• New Jersey - 3,660 acres

71

• 1968
• Great Swamp National Wildlife Refuge
• New Jersey - 3,660 acres

72
Section 4 (a)

• Nothing in this Act shall be in interference
  with the purpose for which the national forests
  are established as set forth in the Act of June
  4, 1897 (The Organic Act) and the Multiple Use
  Sustained Yield Act of 1960.

73
Section 4 (a)

• The purposes of this Act are hereby declared to
  be within and supplemental to the purposes for
  which national forests and units of the national
  park and wildlife refuge systems are established
  and administered

74
National Forest System
Multiple Use Management Timber, Grazing, Water,
Wildlife, Recreation, and Wilderness Resources
75
Why was wilderness designated by law ?
76
The Wilderness Act

• Part 1 - Purpose of wilderness
• Part 2 - Definition of wilderness
• Part 3 - Management of Wilderness
• Part 4 - Other laws and FS Policy
• Part 5 - Stewardship principles

77
How should wilderness be administered?

• What should be emphasized?
• What are we responsible for?

78
Section 2 (a)

• these lands shall be administered for the use
  and enjoyment of the American people in such
  manner as will leave them unimpaired for future
  use and enjoyment as wilderness,...

79
Section 2 (a)

• these lands shall be administered for the use
  and enjoyment of the American people in such
  manner as will leave them unimpaired for future
  use and enjoyment as wilderness,...

Wilderness stewardship
80
Section 2 (a)

• and for the gathering and dissemination of
  information regarding their use and enjoyment as
  wilderness ...

81
Section 2 (a)

• and so as to provide for the protection of
  these areas, the preservation of their wilderness
  character,...

Wilderness character ???
82
Section 4 (b)

• each agency administering any area designated
  as wilderness shall be responsible for preserving
  the wilderness character of the area
• and shall so administer such area for such
  other purposes for which it may have been
  established as also to preserve its
  wilderness character

83
Is Wilderness Character defined in the Wilderness
Act of 1964? Section 2c Definition of Wilderness
FOUR STATUTORY QUALITIES OF WILDERNESS CHARACTER
84
FOUR STATUTORY QUALITIES OF WILDERNESS CHARACTER

• Untrammeled

Wilderness is generally unhindered and free from
intentional modern human control or manipulation
Threat to this setting (suppression and
prescribed fire)
Wilderness setting
85
FOUR STATUTORY QUALITIES OF WILDERNESS CHARACTER

• Natural

Wilderness ecological systems are substantially
free from the unintentional effects of modern
civilization
Wilderness setting
Threat to this setting (the weeds, not the trail)
86
FOUR STATUTORY QUALITIES OF WILDERNESS CHARACTER
Wilderness has minimal evidence of modern human
occupation or modification
Wilderness setting
Threats to this setting
87
FOUR STATUTORY QUALITIES OF WILDERNESS CHARACTER

• Outstanding opportunities for solitude or a
  primitive and unconfined type of recreation

Wilderness provides opportunities for wilderness
experiences, allowing people to experience
remoteness, natural quiet, solitude, freedom,
challenge, and the physical and emotional
challenges of self-discovery and self-reliance
Potential threat to this setting
Wilderness setting
88
What unique qualities of wilderness character
can be identified for your wilderness ?
Defining the specific qualities of wilderness
character helps describe the desired condition
and determine management objectives. It can also
be used to define the niche for each wilderness
within a region
89
The importance of preserving wilderness character

• Mandated by law
• each agency shall be responsible
  for preserving the wilderness
  character of the area
• Criteria for court decisions
• 54 District Court
• 31 Circuit Court

90
Section 4 (b)

• Except as otherwise provided in this Act,
  wilderness areas shall be devoted to the public
  purposes of recreational, scenic, scientific,
  educational, conservation, and historical use.

The public purposes
91
Section 4 (b)

• Except as otherwise provided in this Act,
  wilderness areas shall be devoted to the public
  purposes of recreational, scenic, scientific,
  educational, conservation, and historical use.

The public purposes
92
Public Purposesrecreational, scenic,
scientific, educational, conservation, and
historical use.

• Public lands and uses
• Public rights and privileges
• Public involvement
• and communication
• Local custom, culture, and
  tradition

Example Website - City of Ely, MN
Example - Public Wilderness Planning Meeting
93
Special Provisions

• Also known as non-conforming uses

94
Section 4 (d) Special Provisions

• such measures may be taken as may be necessary in
  the control of fire, insects and diseases,
  subject to such conditions as the Secretary deems
  desirable.

95
Section 4 (d) Special Provisions

• such measures may be taken as may be necessary in
  the control of fire, insects and diseases,
  subject to such conditions as the Secretary deems
  desirable.

96
Section 4 (d) Special Provisions

• Mining activity-valid claims
• Mineral prospecting
• Grazing
• State water rights
• Water resources and developments

97
Section 4 (d) Special Provisions

• Fish and wildlife management
• Nothing in the Act shall be construed as
  affecting the jurisdiction or responsibilities of
  the several states with respect to wildlife and
  fish in the national forests.

Not changed - shared responsibility
98
Section 4 (d) Special Provisions

• Commercial services
• may be performed within.. Wilderness to the
  extent necessary for activities which are proper
  for realizing the recreational or other
  wilderness purposes of the area.

Assess need and determine extent necessary
99
Section 5 - Access to Inholdings

• State and Private lands when completely
  surrounded by national forest wilderness area
• Owner shall be given rights as may be necessary
  to assure adequate access
• Ingress and egress permitted by reasonable
  regulations consistent with the preservation of
  the area as wilderness

100
Section 4 (d) Special Provisions

• Use of aircraft or motorboats
• where these uses have already become
  established, may be permitted to continue subject
  to such restrictions as the Secretary deems
  desirable

Non-conforming uses
101
Section 4 (c) Prohibited Uses

• No commercial enterprises
• No permanent roads
• EXCEPT
• -as specifically provided for in this Act
• -subject to existing private rights

102
Section 4 (c) Prohibited Uses

• - no temporary road
• - no use of motor vehicles, motorized
  equipment or motorboats
• - no landing of aircraft
• - no form of mechanical transport
• - no structure or installation

103
Section 4 (c) Prohibited Uses

• EXCEPT
• as necessary to meet minimum requirements for
  the administration of the area for the purpose of
  this Act (including measures required in
  emergencies involving the health and safety of
  persons within the area)

104
Section 4 (c) Prohibited Uses

• EXCEPT
• as necessary to meet minimum requirements for
  the administration of the area for the purpose of
  this Act (including measures required in
  emergencies involving the health and safety of
  persons within the area)

105
Section 4 (c) Prohibited Uses

• EXCEPT
• as necessary to meet minimum requirements for
  the administration of the area for the purpose of
  this Act (including measures required in
  emergencies involving the health and safety of
  persons within the area)

106
The Wilderness Act

• Part 1 - Purpose of wilderness
• Part 2 - Definition of wilderness
• Part 3 - Management of Wilderness
• Part 4 - Other laws and FS Policy
• Part 5 - Stewardship principles

107
Other Laws

• How do these laws affect management of
  wilderness?
• Does the Wilderness Act trump other laws?
• Do other laws trump the Wilderness Act?

108
Other Wilderness Laws

• State-wide and Individual Area Acts
• Establish new areas
• Expand existing areas
• Establish special provisions for the areas
  included in the Act, and other areas
• Example
• - Boundary Waters Canoe Area Wilderness Act of
  1978

109
U.S. Forest Service Key National
Wilderness Laws

• 1975 - PL 93-622 (known as the Eastern
  Wilderness Areas Act)
• 1978 - Endangered American Wilderness Act
• 1980 Colorado Wilderness Act
• 1980 Alaska National Interest
• Lands Conservation Act
• (ANILCA)

110
Other Laws

• Wild and Scenic Rivers Act
• Clean Air Act and Clean Water Act
• Endangered Species Act
• National Historic Preservation Act, etc.
• National Environmental Policy Act (NEPA)
• Dam Safety Act

111
Other Laws

• Americans With Disabilities Act and Architectural
  Barriers Act

112
Americans with Disabilities Act
- Legal Designed for a mobility impaired person
and suitable for indoor use - ADA Section 507
- Illegal
113
Architectural Barriers Act
Constructed facilities must be universally
accessible
114
New Technology Battery Operated Transport
Prohibited Motorized forms of Mechanical
Transport Not designed for the mobility impaired
115
Agency Policy
116
Wilderness Management PolicyFSM 2320

• 2320.2 - Objectives
• 1. Maintain and perpetuate the enduring
  resource of wilderness as one of the multiple
  uses of National Forest System land.

117
Wilderness Management PolicyFSM 2320

• 2320.6 - The Wilderness Management Model and the
  Wilderness Act
• Because uses and values on each area vary,
  management and administration must be tailored to
  each area. Even so, all wilderness areas are
  part of one National Wilderness Preservation
  System and their management must be consistent
  with the Wilderness Act and their
  establishing legislation.

118
Wilderness Management PolicyFSM 2320

• 2320.3 - Policy
• 1. Where there are alternatives among
  management decisions, wilderness values shall
  dominate over all other considerations except
  where limited by the Wilderness Act, subsequent
  legislation, or regulations.
• 2. Manage the use of other resources in
  wilderness in a manner compatible with
  wilderness resource management
  objectives.

119
Wilderness Management PolicyFSM 2320

• 3. In wildernesses where the establishing
  legislation permits resource uses and activities
  that are nonconforming exceptions to the
  definition of wilderness as described in the
  Wilderness Act, manage these nonconforming uses
  and activities in such a manner as to minimize
  their effect on the wilderness resource.

120
Wilderness Management PolicyFSM 2320

• 4. Cease uses and activities and remove existing
  structures not essential to the administration,
  protection, or management of wilderness for
  wilderness purposes or not provided for in the
  establishing legislation.

121
Wilderness Management PolicyFSM 2320

• 5. Do not maintain buffer strips of
  undeveloped wild land to provide an informal
  extension of wilderness.
• Because wilderness does not exist in a
  vacuum, consider activities on both sides of
  wilderness boundaries during planning and
  articulate management goals and the blending of
  diverse resources in forest plans.

122
Wilderness Management PolicyFSM 2320

• Use interdisciplinary skills in planning for
  wilderness use and administration.

123
National Forests
Integrated Resource Management
Wilderness
Fire
Weeds
Air, soil, water, fish and wildlife
Cultural Resources
124
Wilderness Management PolicyFSM 2320

• 8. Gather necessary information and carry out
  research programs in a manner that is compatible
  with the preservation of the wilderness
  environment.

125
Wilderness Management PolicyFSM 2320

• 10. Inform wilderness visitors that they face
  inherent risks of adverse weather conditions,
  isolation, physical hazards, and lack of rapid
  communications, and that search and rescue may
  not be as rapid as expected in an urban setting
  in all publications and personal contacts.

126
National Forests
Recreation Management
Wilderness
Developed Recreation
Roaded Natural
Semi-Primitive motorized and non-motorized
recreation
127
Wilderness Management PolicyFSM 2320

• 2323.32 - Management of Wildlife and Fish
• 1. Recognize that States have jurisdiction and
  responsibilities for the protection and
  management of wildlife and fish populations in
  wilderness. Cooperate and work closely with
  State wildlife and fish authorities in all
  aspects of wildlife and fish management.
• 2. Wildlife and fish management
  programs shall be consistent with
  wilderness values.

128
Wilderness Management PolicyFSM 2320

• 2323.32 - Management of Wildlife and Fish
• Apply the "Policies and Guidelines for Fish and
  Wildlife Management in Wilderness and Primitive
  Areas," developed jointly by the Forest Service,
  Bureau of Land Management, and the Association of
  Fish and Wildlife Agencies
• Note AFWA Policies and Guidelines
• Revised - June, 2006

129
Policies and Guidelines for Management of Fish
and Wildlife in Wilderness, AFWA 2006
POLICIES AND GUIDELINES FOR FISH AND WILDLIFE
MANAGEMENT IN NATIONAL FOREST AND BUREAU OF
LAND MANAGEMENT WILDERNESS (as amended June,
2006)
Fish and Wildlife Management Toolbox
http//www.wilderness.net/toolboxes/
130
The Wilderness Act

• Part 1 - Purpose of wilderness
• Part 2 - Definition of wilderness
• Part 3 - Management of Wilderness
• Part 4 - Other laws and FS policy
• Part 5 - Stewardship Principles

131
Wilderness Management Principles
Four Cornerstones of Wilderness Stewardship
132
The Four Cornerstones of Wilderness Stewardship

• 1. Manage wilderness as a whole.
• the wilderness resource
• 2. Preserve wildness and natural conditions.
• preserve wilderness character
• 3. Protect wilderness benefits.
• the benefits of an enduring resource of
  wilderness
• 4. Provide and use the minimum necessary.
• except as necessary to meet the minimum
  requirements for the administration of the area
  as wilderness

133
Wilderness Stewardship

• IS the limiting of unnecessary and adverse human
  impacts and controls so that
• interference with nature is minimized
• visitors are able to experience solitude or
  primitive and unconfined wilderness dependent
  recreation.
• IS NOT management in the sense of manipulation or
  improvement of the resource to
• - maximize a particular human benefit
• - unnecessarily restrict human use.

134
Wilderness Stewardshipis a Balancing Act
use and enjoyment as wilderness
preserve wilderness character
135
To learn more about wilderness visit
http//www.wilderness.net -
History and Background - Wilderness Area
Information - Research and Science - Training -
Law and Policy - Management Practices - Toolboxes
136
The Wilderness Act
for the permanent good of the whole people, and
for other purposes