Cultural Resourcesand

Wilderness Character

Christopher V. BarnsWilderness Specialist, BLM National Landscape Conservation

SystemBLM Representative, Arthur Carhart National Wilderness

Training Center

Except in certain specific instances, “there shall be no...structure or installation within any [wilderness] area.”

Wilderness Act, Section 4(c)

“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.”

Wilderness Act, Section 4(b)

Wilderness Watch v. Mainella (11th Cir. 2004)“...we cannot agree...that the preservation

of historical structures furthers the goals of the Wilderness Act.”

“...the only reasonable reading of ‘historical use’ in the Wilderness Act refers to natural, rather than man-made features.”

“Absent...explicit statutory instructions...the need to preserve historical structures may not be inferred from the Wilderness Act nor grafted onto its general purpose.”

OLYM Park Assoc. v. Mainella (W.D. Wash. 2005)

“The Court’s reasoning in Wilderness Watch v. Mainella is persuasive.”

Wilderness Watch v. Mainella (11th Cir. 2004)“...we cannot agree...that the preservation

of historical structures furthers the goals of the Wilderness Act.”

“...the only reasonable reading of ‘historical use’ in the Wilderness Act refers to natural, rather than man-made features.”

“Absent...explicit statutory instructions...the need to preserve historical structures may not be inferred from the Wilderness Act nor grafted onto its general purpose.”

High Sierra Hikers v. USFS (E.D. Calif. 2006)Wilderness Watch v. Iwamoto (W.D. Wash. 2012)

Agency claimed “historical use”Courts cite 1st two cases

Wilderness Watch v. Mainella (11th Cir. 2004)“...we cannot agree...that the preservation

of historical structures furthers the goals of the Wilderness Act.”

“...the only reasonable reading of ‘historical use’ in the Wilderness Act refers to natural, rather than man-made features.”

“Absent...explicit statutory instructions...the need to preserve historical structures may not be inferred from the Wilderness Act nor grafted onto its general purpose.”

“Definition of Wilderness”

“A wilderness...(4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value.”

Wilderness Act, Section 2(c)

“A wilderness...(4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value.”

Wilderness Act, Section 2(c)

“Definition of Wilderness”

DEFINITION [2(c)] USE [4(b)]

ecologicalgeologicalscientificeducationalscenichistorical

recreationalscenicscientificeducationalconservationhistorical

DEFINITION [2(c)] USE [4(b)]

ecologicalgeologicalscientificeducationalscenichistorical

recreationalscenicscientificeducationalconservationhistorical

DEFINITION [2(c)] USE [4(b)]

“a precise meaning or significance; the act of making clear and distinct”

Wilderness Character

“the employment of something for some purpose; the quality of being suitable or adaptable to an end”

Public Purposes

≠Definition v. Use

Structures and Installations (among other uses) are prohibited “except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act.”

Wilderness Act, Section 4(c)

Structures and Installations (among other uses) are prohibited “except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act.”

Wilderness Act, Section 4(c)

“administration” NOT just regulatory“Activity in the exercise of [the agency’s] duties”

Structures and Installations (among other uses) are prohibited “except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act.”

Wilderness Act, Section 4(c)

“the purpose” is to preserve wilderness character

NOT to facilitate public uses

DEFINITION [2(c)] USE [4(b)]

“a precise meaning or significance; the act of making clear and distinct”

Wilderness Character

“the employment of something for some purpose; the quality of being suitable or adaptable to an end”

Public Purposes

≠

↑We have been

arguing for this

↑We should have been arguing for

this

Definition v. Use

PreservingWilderness Character

“A wilderness...(4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value.”

Wilderness Act, Section 2(c)

“A wilderness...(4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value.”

Wilderness Act, Section 2(c)

“Any prominent or distinctive aspect or quality.”

PreservingWilderness Character

To what extent do your wilderness area’s contribute to making clear and distinct the area’s precise meaning and significance?

To what extent are those an inextricable part of the area’s wilderness character?

Other Features of Value

Other Features

PreservingWilderness Character

To what extent do your wilderness area’s contribute to making clear and distinct the area’s precise meaning and significance?

To what extent are those an inextricable part of the area’s wilderness character?

Cultural Resources

Cultural Resources

PreservingWilderness Character

Earliest Congressional Intent

Earliest Congressional Intent

Sec. 3(b): “...there shall be no...structure or installation in excess of the minimum required for the administration of the area for the purposes of this Act.”

Sec. 1(c)(2): “’Wilderness’ shall include...those units within the National Park Service...except those portions set aside...for roads and accommodations for visitors.”

Sec. 2(b): “The System shall include...Mesa Verde National Park.”

Earliest Congressional Intent

3 Classes of Cultural Stuff

1) Wilderness Character would be improved without it.

REMOVE

3 Classes of Cultural Stuff

1) Wilderness Character would be improved without it.

REMOVE2) Mixed effects to Wilderness Character if it

disappeared DOCUMENT, AT LEAST3) Wilderness Character would be

irrevocably damaged if it were lost. PRESERVE

3 Classes of Stuff“A wilderness...(4) may also contain ... features of ... historical value.”

Wilderness Act, Section 2(c)“Definition of Wilderness”