christopher v. barns wilderness specialist, blm national landscape conservation system blm...
TRANSCRIPT
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
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.”
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