Surveys conservation in the United States, its history and present problems, and examines county, state, and municipal parks, Indian reservations, and bird and animal sanctuaries.
Surveys conservation in the United States, its history and present problems, and examines county, state, and municipal parks, Indian reservations, and bird and animal sanctuaries.
The Wilderness Act of 1964 established the National Wilderness Preservation System and directed that only Congress can designate federal lands as part of the system. Free-standing bills to designate wilderness areas are typically introduced and considered in each Congress; such bills are not amendments to the Wilderness Act, but typically refer to the act for management guidance and sometimes include special provisions. Numerous wilderness bills were introduced in the 112th Congress, but it was the first Congress since 1966 that did not add to the wilderness system. The only wilderness law that was enacted in the 112th Congress reduced the size of a wilderness area. To date, the 113th Congress has introduced many bills to add to the wilderness system, and passed one bill designating additional wilderness. Wilderness designation can be controversial. The designation generally prohibits commercial activities, motorized access, and human infrastructure from wilderness areas; however, there are several exceptions to this general rule. Advocates propose wilderness designations to preserve the generally undeveloped conditions of the areas. Opponents see such designations as preventing certain uses and potential economic development in rural areas where such opportunities are relatively limited. Most bills direct management of designated wilderness in accordance with the Wilderness Act. However, proposed legislation also often seeks a compromise among interests by allowing other activities in the area. Pre-existing uses or conditions are often allowed to continue, sometimes temporarily, with nonconforming uses to be halted and/or nonconforming conditions to be rectified. More commonly, the authority is permanent, with limited access permitted for specific areas, uses, and times, or with the authority to operate and maintain pre-existing infrastructure. Wilderness bills often contain additional provisions, such as providing special access for particular purposes, for example, border security. Water rights associated with wilderness designations have also proved controversial; many statutes have addressed wilderness water rights. Controversies regarding management of existing wilderness areas also have been the subject of legislation. Bills have been introduced to expand access to wilderness areas for border security; to guarantee access for hunting, fishing, and shooting; to release wilderness study areas from wilderness-like protection; and to limit agency review of the wilderness potential of their lands. The latter two issues have been contentious for Bureau of Land Management (BLM) lands for two reasons. First, BLM is required by law to protect the wilderness characteristics of its wilderness study areas (WSAs) until Congress determines otherwise. Second, a December 2010 secretarial order directed BLM to maintain a wilderness inventory, to consider wilderness potential in planning, and to protect wilderness characteristics of those "Wild Lands" unless alternative management was deemed appropriate. The FY2012 Interior Appropriations Act (Division E of P.L. 112-74) prohibited using funds to implement the secretarial order, and bills were introduced to terminate the order. In June 2011, Secretary Salazar withdrew the order, but stated that BLM would maintain a wilderness inventory and continue to consider wilderness characteristics as required by law. Legislation in the 113th Congress proposes to eliminate several WSAs.
The Wilderness Act of 1964 established the National Wilderness Preservation System and directed that only Congress can designate federal lands as part of the system. Free-standing bills to designate wilderness areas are typically introduced and considered in each Congress; such bills are not amendments to the Wilderness Act, but typically refer to the act for management guidance and sometimes include special provisions. Numerous wilderness bills were introduced in the 112th Congress, but it was the first Congress since 1966 that did not add to the wilderness system. The only wilderness law that was enacted in the 112th Congress reduced the size of a wilderness area. At the end of the 113th Congress, multiple wilderness designations and expansions were included in the National Defense Authorization Act for FY2015 (NDAA) (P.L. 113-291, §§3060-3062, 3064-3066). The NDAA expanded or created wilderness in five states: Colorado, Montana, Nevada, New Mexico, and Washington. Wilderness designation can be controversial. The designation generally prohibits commercial activities, motorized access, and human infrastructure from wilderness areas; however, there are several exceptions to this general rule. Advocates propose wilderness designations to preserve the generally undeveloped conditions of the areas. Opponents see such designations as preventing certain uses and potential economic development in rural areas where such opportunities are relatively limited. Most bills direct management of designated wilderness in accordance with the Wilderness Act. However, proposed legislation also often seeks a compromise among interests by allowing other activities in the area. Pre-existing uses or conditions are often allowed to continue, sometimes temporarily, with nonconforming uses to be halted and/or nonconforming conditions to be rectified. More commonly, the authority is permanent, with limited access permitted for specific areas, uses, and times, or with the authority to operate and maintain pre-existing infrastructure. Wilderness bills often contain additional provisions, such as providing special access for particular purposes, for example, border security. Water rights associated with wilderness designations have also proved controversial; many statutes have addressed wilderness water rights.
Congress enacted the Wilderness Act in 1964. It established a National Wilderness Preservation System of federal lands "where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain". The act designated 54 wilderness areas containing 9.1 million acres of federal land within the national forests. It also reserved to Congress the authority to add areas to the system, although it also directed agencies to review the wilderness potential of certain lands. This book summarises the various statutory provisions and provisions on prohibited and permitted uses within wilderness areas.