Cultural Resources and Wilderness Character Except in certain

Cultural Resources and Wilderness Character

Except in certain specific instances, “there shall be no. . . structure or installation within any [wilderness] area. ” Wilderness Act, Section 4(c)

Wilderness Watch v. Mainella (11 th 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 (11 th 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. Agency Watchclaimed v. Iwamoto (W. D. use” Wash. 2012) “historical Courts cite 1 st two cases

Wilderness Watch v. Mainella (11 th 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)

“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)

“Definition of Wilderness” ecological geological scientific educational scenic historical

Definition v. Use DEFINITION [2(c)] ecological geological scientific educational scenic historical USE [4(b)] recreational scenic scientific educational conservation historical

Definition v. Use DEFINITION [2(c)] ecological geological scientific educational scenic historical USE [4(b)] recreational scenic scientific educational conservation historical

Definition v. Use DEFINITION [2(c)] “a precise meaning or significance; the act of making clear and distinct” ≠ USE [4(b)] “the employment of something for some purpose; the quality of being suitable or adaptable to an end” Wilderness Character Public Purposes

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 v. Use DEFINITION [2(c)] “a precise meaning or significance; the act of making clear and distinct” Wilderness Character ≠ USE [4(b)] “the employment of something for some purpose; the quality of being suitable or adaptable to an end” Public Purposes ↑ We should have been arguing for this ↑ We have been arguing for this

Preserving Wilderness Character “A wilderness. . . (4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value. ” Wilderness Act, Section 2(c)

Preserving Wilderness Character “A wilderness. . . (4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value. ” Wilderness Act, Section 2(c)

Preserving Wilderness Character “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. ”

Preserving Wilderness Character To what extent do your wilderness area’s Other Features of Value contribute to making clear and distinct the area’s precise meaning and significance? To what extent are those Other Features an inextricable part of the area’s wilderness character?

Preserving Wilderness Character To what extent do your wilderness area’s Cultural Resources contribute to making clear and distinct the area’s precise meaning and significance? To what extent are those Cultural Resources an inextricable part of the area’s wilderness character?

Earliest Congressional Intent

Earliest Congressional Intent Sec. 3(b): “. . . there shall be no road. . . nor any 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 Stuff 1) Wilderness Character would be improved without it. REMOVE 2) Mixed effects to Wilderness Character if it disappeared DOCUMENT, AT LEAST 3) Wilderness Character would be irrevocably damaged if it were lost. PRESERVE

“A wilderness. . . (4) may of also contain. . . 3 Classes Stuff features of. . . historical value. ” Wilderness Act, Section 2(c) “Definition of Wilderness”