1. The Wilderness Act of 1964 Expanding Settlement
Wilderness movement has always been a grassroots, citizen-led effort
Growing awareness that humans needed beauty and nature. And recognition that natural resources were not unlimited – closing of the frontier
After WWII – threats of expanding settlement and growing mechanization
With these threats, we were losing more than wild lands; we were also losing the culture that distinguished America and shaped our heritage
“Something will have gone out of us as a people if we ever let the remaining wilderness be destroyed” Wallace Stegner
Growing Mechanization

2. “Wilderness protection is paper thin, and the paper should be the best we can get — that upon which Congress prints its Acts.” David Brower, 1956
Versus
1950s – big debates over daming rivers – Echo Park – Dinosaur National Monument
Helped galvanize support that there was a need for permanent protection – it was not sufficient to rely on administrative protection
“Let’s be done with a wilderness preservation program made up of a sequence of threats and defense campaigns! Let’s make a concerted effort for a positive program … where we can be at peace and not forever feel that the wilderness is a battleground.” Howard Zahniser 1951

3. Wilderness Act of 1964
The Act was signed into law by President Lyndon Johnson on September 3, Mardy Murie is in picture – third person from the left. The Act was product of bi-partisan effort that took 8 years and 66 re-writes.
“If future generations are to remember us with gratitude rather than contempt, we must leave them more than the miracles of technology. We must leave them with a glimpse of the world as it was in the beginning, not just after we got through with it”. Lyndon B. Johnson
Regional Wilderness Stewardship Training
February 2015

4. Wilderness Act of 1964 Statement of Policy
“ …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 and protection in their natural condition…” Sec 2(a)
What exactly did Congress intend with the Wilderness Act? Section 2(a) of the Act cites its purpose…
Regional Wilderness Stewardship Training
February 2015

5. Wilderness Act of 1964 Statement of Policy
“…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.” Sec 2(a)
Regional Wilderness Stewardship Training
February 2015

6. The Wilderness Act….. NATIONAL WILDERNESS PRESERVATION SYSTEM 1964
1. Created a NWPS and established a process for adding new areas
Wilderness Act of 1964
2014
109.8 Mil Acres
762 Wilderness Areas
1964
9.1 Mil Acres
54 Wilderness Areas
NATIONAL WILDERNESS
PRESERVATION SYSTEM
The Wilderness Act did 4 things. First, it created the NWPS. The Act wasn’t intended to be the end, but only the beginning. Congress intended for the system to grow, and it has…
This looks like a lot of land, but it’s only 5% of the US, and over half of it is in AK. Combined, the NWPS is about the size of the state of CA.
Which agency manages the most wilderness areas? [FS 442, 56%] Which manages the most acres? [NPS 43.9 mil, 40%]
What is the smallest wilderness? [Pelican 5.5 acres] What is the largest wilderness? [Wrangell-St. 9.1 mil acres]
What is the newest wilderness? [2014: Columbine-Hondo, Hermosa Creek, Wovoka, Pine Forest Range (156k acres); Additions to 4 others (90k acres)
Are there any states without wilderness? [Connecticut, Delaware, Iowa, Kansas, Maryland, Rhode Island] Wilderness is found in 44 states and Puerto Rico. AK has the most acres; CA has the most areas.
Regional Wilderness Stewardship Training
February 2015

7. The Wilderness Act…..
2. Defined Wilderness
Wilderness Act of 1964
“…an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain.” Sec 2(c)
“…undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation…” Sec 2(c)
The second thing the Act did was define Wilderness. We need to know what it is. There are many different ways to define wilderness. “Wilderness is a dark and dismal place where all manner of beasts roam around uncooked.” -- Anonymous., For some people, any open space is wilderness. The Wilderness Act provided a legal definition.
Note words in bold. The word untrammeled was deliberately chosen. It means un- hindered, free willed. Wilderness is a place where nature rolls the dice and we adapt rather than manipulate the area to suit our needs
Regional Wilderness Stewardship Training
February 2015

8. Definition of Wilderness
Wilderness Act of 1964
Definition of Wilderness
“…generally appears to have been affected primarily by the forces of nature, with the imprint of man’s work substantially unnoticeable…” Sec 2(c)
“…has outstanding opportunities for solitude or a primitive and unconfined type of recreation…” Sec 2(c)
The Wilderness Act is unique in including language about the human experience
Regional Wilderness Stewardship Training
February 2015

9. Definition of Wilderness
Wilderness Act of 1964
Definition of Wilderness
“…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…” Sec 2(c)
“…may contain ecological, geological, or other features of scientific, educational, scenic, or historical value.” Sec 2(c)
Regional Wilderness Stewardship Training
February 2015

10. The Wilderness Act…..
3. Established Agency Responsibilities
Wilderness Act of 1964
“… these [areas] 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, and so as to provide for the protection of these areas, the preservation of their wilderness character...” Sec 2(a)
The third thing the Wilderness Act did was establish the agency mandate for stewardship. Congress knew wilderness would remain threatened in the future, and it was clear about the agency’s responsibilities under the Wilderness Act…
The preservation of wilderness character is the primary mandate for stewardship. Wilderness character is not explicitly defined in the Act. It embodies both the tangible and intangible values that make a area distinctive as wilderness tied to the qualities found in the definition of wilderness.
Regional Wilderness Stewardship Training
February 2015

11. Four Cornerstones for Wilderness Managers
Purpose of the Wilderness Act
Howard Zahniser
“The purpose of the Wilderness Act is to preserve the wilderness character of the areas to be included in the wilderness system, not to establish any particular use.”
Our task is to preserve wilderness character as a whole. Stewardship must maintain or improve wilderness character with the baseline being the date of designation.
National Wilderness Stewardship Training, June 2008

12. The Wilderness Act…..
4. Established the Use of Wilderness and Prohibitions
Wilderness Act of 1964
“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.”
Sec 4(b)
The fourth thing the Wilderness Act did was establish public uses and prohibitions. The six public purposes are the appropriate uses of wilderness, but only to the extent they are consistent with the preservation of wilderness character.
Regional Wilderness Stewardship Training
February 2015

13. Prohibited Uses Commercial Enterprise Permanent Road Temporary Road
Wilderness Act of 1964
Prohibited Uses
Commercial Enterprise
Permanent Road
Temporary Road
Use of Motor Vehicles
Motorized Equipment
Motorboats
Landing of Aircraft
Mechanical Transport
Structure or Installation
Sec 4(c)
To help ensure we honor our mandate to preserve wilderness character, the Section 4(c) prohibits a number of uses that degrade wilderness character… The Act does NOT say no “new” or no “significant;” it says “NO.” The other prohibitions have some exceptions.
Regional Wilderness Stewardship Training
February 2015

14. Exceptions 1) “Except as specifically provided for in this Act…”
Wilderness Act of 1964
Exceptions
1) “Except as specifically provided for in this Act…”
2) “…subject to existing private rights…”
3) Other provisions of law
The two absolute prohibitions are commercial enterprise and permanent roads. These prohibitions can only occur if one of the three exceptions listed here are present. The first exception ties to special provisions listed in the Act (see next slide). The second exception relates to private rights such as inholding or mining rights. The third exception relates to other laws that speak directly to Wilderness such as ANICLA, ADA.
Regional Wilderness Stewardship Training
February 2015

15. Special Provisions Aircraft & Motorboats Fire, Insects, & Disease
Wilderness Act of 1964
Special Provisions
Aircraft & Motorboats
Fire, Insects, & Disease
Water & Power Projects
Commercial Grazing
Commercial Services
Water Rights
Wildlife Jurisdictions
Sec 4(d)
The Wilderness Act is full of compromises, known as special provisions. These were the product of 66 drafts of the Act and were undoubtedly necessary to gain the nearly unanimous support with which it finally passed. These special provisions contain language such as “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”, and “commercial services may be performed to the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the area”.
Aircraft and motorboats: "...the use of aircraft or motorboats, where these uses have already become established, may be permitted to continue subject to such restrictions as the Secretary of Agriculture deems desirable.”
Fire, insects, and disease: "... such measures may be taken as may be necessary in the control of fire, insects and diseases, subject to such conditions as the Secretary [of Agriculture] deems desirable."
Mining and prospecting: All wilderness areas are withdrawn from any mineral uses subject to valid existing rights as of December 31, 1983, and any patenting of these valid claims cannot include surface rights. [#]
Water and power projects: in National Forest wilderness, “the President may...authorize prospecting for water resources, the establishment and maintenance of reservoirs, water conservation works, power projects, transmission lines, and other facilities...“ when such use is in the best interests of the United States.
Commercial grazing: "...grazing of livestock, where established prior to [designation], shall be permitted to continue subject to such reasonable regulations as deemed necessary by the Secretary of Agriculture.“
BWCA: Motorboat use shall be allow to continue and it suggests that timber activities could continue. This provision was amended in 1978 (only amendment to the Wilderness Act). [#]
Commercial services: “Commercial services may be performed ... to the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the areas.“ This one is thorny!
Water rights and wildlife: The Act has no effect on State rights and jurisdictions where water rights and wildlife are concerned. That’s not to say it delegates anything to the States; only that it has no effect. It’s agnostic. [#]
Regional Wilderness Stewardship Training
February 2015

16. Wilderness Act of 1964
Fourth Exception
4) “…except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act…” Sec 4(c)
MRA
Most of the prohibited uses (all except commercial enterprise and permanent roads) can also be exempted if we can demonstrate that it is both necessary to the administration of the area as wilderness and the minimum activity. This includes measures involving the health and safety of persons within the area. This is the genesis of the “minimum requirements analysis.”
Regional Wilderness Stewardship Training
February 2015

17. Wyoming Wilderness Act
October 30, 1984

18. Purpose of the Wyoming Wilderness Act
(1) designate certain National Forest System lands in Wyoming for inclusion in the National Wilderness Preservation System in order to preserve the wilderness character of the land and to protect watersheds and wildlife habitat, preserve scenic and historic resources, and promote scientific research, primitive recreation, solitude, physical and mental challenge, and inspiration for the benefit of all of the American people; and
(2) insure that certain National Forest System lands in the State of Wyoming be made available for uses other than wilderness in accordance with applicable national forest laws and planning procedures and the provisions of this Act.

19. The Wyoming Wilderness Act…..
Wilderness Act of 1964
The Wyoming Wilderness Act…..
Added areas to the NWPS and tied administration of these areas to 1964 Wilderness Act
Designated three WSAs and set interim direction
Released areas not designated under the Act and established future review of roadless areas
4. Established additional special provisions
The Wyoming Wilderness Act did 4 things. Examples of areas added to the NWPS are the Gros Ventre Wilderness which was the centerpiece of the legislation since it was the largest unprotected wild area remaining. The Jedediah Smith Wilderness and Popo Agie Wilderness were also added in 1984.
Examples of special provisions included in the Act are language to protect archeological resources and a provision preventing the creation of buffer zones around wilderness.
Regional Wilderness Stewardship Training
February 2015

20. Wilderness Study Areas
Wilderness Act of 1964
Review suitability for preservation as wilderness upon revision of Forest Plans
Administer so as to maintain their presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System
Provision for oil and gas exploration and development activity
Withdrawn from all forms of appropriation under the mining laws
Snowmobiling shall continue to be allowed in the same manner and degree as was occurring prior to the date of enactment of this Act
This slide displays key points regarding interim direction for the three WSAs designated by the Wyoming Wilderness Act
Regional Wilderness Stewardship Training
February 2015

21. Wilderness Act of 1964
This shows the location of the Palisades and Shoal Creek WSAs. The Palisades WSA is 134,417 acres and is jointly managed by the Bridger-Teton and Caribou-Targhee National Forests. About 50% of the area is in Teton County and 50% is in Lincoln County. The Shoal Creek WSA is 30,000 acres all of which is on the Bridger-Teton National Forest. About 50% of the area is in Teton County and 50% is in Sublette County.
Regional Wilderness Stewardship Training
February 2015