Draft 2006 NPS Management Policies

**6:  WILDERNESS  STEWARDSHIP**

6.1GENERAL STATEMENT

6.2THE WILDERNESS REVIEW PROCESS

6.2.1Assessment of Wilderness Eligibility

6.2.1.1Primary Criteria for Determining Eligibility

6.2.1.2Additional Considerations in Determining Eligibility

6.2.1.3The Assessment Process

6.2.2Wilderness Studies

6..3Proposed Wilderness

6.2.4Recommended Wilderness

6.2.5Designated Wilderness 

6.3WILDERNESS RESOURCE STEWARDSHIP

6.3.1General Policy

6.3.2Responsibility

6.3.3Consistency

6.3.4Wilderness-Related Planning and Environmental Compliance

6.3.4.1Zoning for Wilderness

6.3.4.2Wilderness Stewardship Planning

6.3.4.3Environmental Compliance

6.3.5Minimum Requirement

6.3.6Scientific Activities in Wilderness

6.3.6.1General Policy

6.3.6.2Monitoring Wilderness Resources

6.3.7Natural Resources Management

6.3.8Cultural Resources

6.3.9Fire Management

6.3.10Management Facilities

6.3.10.1Administrative Facilities

6.3.10.2Trails in Wilderness

6.3.10.3Campsites and Shelters

6.3.10.4Signs

6.3.11Wilderness Boundaries

6.3.11.1Legal Descriptions and Boundary Maps

6.3.11.2Caves

6.3.11.3Waters in Wilderness

6.4WILDERNESS USE MANAGEMENT 

6.4.1General Policy 

6.4.2Wilderness Interpretation and Education

6.4.3Recreation Use Management in Wilderness

6.4.3.1Recreational Use Evaluation

6.4.3.2Leave No Trace and Tread Lightly 

6.4.3.3Use of Motorized Equipment  

6.4.4Commercial Services

6.4.5Special Events

6.4.6Valid Existing Rights 

6.4.6.1Rights-of-way

6.4.6.2Mineral Development

6.4.6.3Grazing and Livestock Driveways

6.4.7Accessibility for Persons with Disabilities 

**Management Policies 2006**

**[Cover page summary statement.]**  The Park Service has stewardship responsibility for more designated wilderness than any other land management agency. Wilderness designation represents a national affirmation of the importance of the wilderness values and character of these lands. Wilderness stewardship seeks to maintain the untrammeled condition of wilderness, considering both the tangible and intangible aspects of wilderness character, while making it accessible for appropriate human use and enjoyment.  

**CHAPTER 6:  WILDERNESS STEWARDSHIP**

**6.1   General Statement**

The National Park Service will manage wilderness areas for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness.  Wilderness stewardship will include the protection of these areas, the preservation of their wilderness character, and the gathering and dissemination of information regarding their use and enjoyment as wilderness. The purposes of wilderness in the national parks include the preservation of wilderness character and wilderness resources in an unimpaired condition, as well as for the public purposes of recreational, scenic, scientific, educational, conservation, and historical use consistent with that wilderness character. 

The policies contained in this chapter are supplemented by Director’s Order 41: Wilderness Stewardship Reference Manual and a series of technical guidance white papers developed by the NPS National Wilderness Steering Committee. Refer to those documents for more detailed information on the topics covered in this chapter. 

**6.2   The Wilderness Review Process**

Park superintendents are responsible for completing the wilderness review process for their park or park addition when it is directed by law, requested by the Secretary, or at the Director’s discretion in response to issues identified through park planning. The National Park Service will use the following wilderness review process to consider NPS areas for inclusion within the congressionally designated National Wilderness Preservation System. 

**6.2.1   Assessment of Wilderness Eligibility**

Formerly called a suitability assessment, the eligibility assessment is an objective, factual determination of whether the park contains lands possessing wilderness character based on the criteria specified in section 2(c) of the Wilderness Act. It is the first step of the wilderness review process. 

**6.2.1.1   Primary Criteria for Determining Eligibility**

NPS lands will be considered eligible for wilderness (1) if they are federally owned, undeveloped, and at least 5,000 acres or a sufficient size to make practicable their preservation and use in an unimpaired condition, and (2) if they possess the following characteristics (as identified in the Wilderness Act):

· the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain, 

· the area is undeveloped and retains its primeval character and influence, without permanent improvements or human habitation, 

· the area generally appears to have been affected primarily by the forces of nature, with the imprint of man’s work substantially unnoticeable, 

· the area is protected and managed so as to preserve its natural conditions, and 

· the area has outstanding opportunities for solitude or a primitive and unconfined type of recreation. 

**6.2.1.2   Additional Considerations in Determining Eligibility**

In addition to the primary suitability criteria, there are other considerations that should be taken into account in determining eligibility.

· A wilderness area may contain significant ecological, geological, or other features of scientific, educational, scenic, or historical value, although it does not need these things to be considered eligible for wilderness designation.

· Lands that have been logged, farmed, grazed, mined, or otherwise used in ways not involving extensive development or alteration of the landscape may also be considered eligible for wilderness designation if, at the time of assessment, the effects of these activities are substantially unnoticeable and their wilderness character could be maintained or restored through appropriate management actions. 

· An area will not be excluded from a determination of wilderness eligibility solely because established or proposed management practices require the use of tools, equipment, or structures, if those practices are necessary to meet the minimum requirements for the administration of the area as wilderness. 

· Historic features that are primary attractions for park visitors will generally not be recommended as eligible for wilderness designation. However, an area that attracts visitors primarily for the enjoyment of solitude and unconfined recreation in a primitive setting may also contain cultural resource features and still be included in wilderness. Historic trails may serve and be maintained as part of the wilderness trail system, as identified and coordinated within an approved wilderness stewardship plan and the park’s cultural resource plan. Structures of historical significance need not be deleted from wilderness area proposals. A recommendation may be made to include a historic structure in wilderness if (1) the structure would be only a minor feature of the total wilderness proposal, and (2) the structure will remain in its historic state, without development. 

· Dams within or affecting the area being studied do not make a waterway ineligible for wilderness designation. The nature and extent of impacts, and the extent to which the impacts can be mitigated, would need to be addressed in eligibility determinations. 

· Overflights do not make an area ineligible for wilderness designation. The nature and extent of any overflight impacts, and the extent to which the impacts can be mitigated, would need to be addressed in eligibility determinations. 

**6.2.1.3   The Assessment Process**

The Service will involve the public in the wilderness eligibility assessment process through notification of its intentions to conduct the assessment and publication of its determination, either as “eligible” or as “ineligible” for further wilderness study. Notification will include the issuance of news releases to local and regional newspapers, and the publication of final eligibility determination in the *Federal Register*. The established use of motorboats, motorized watercraft, oversnow vehicles, and small aircraft do not make an area ineligible for wilderness designation. The nature and extent of any impacts from these activities, and the extent to which the impacts resulting from these activities in the future can be mitigated, would need to be addressed in subsequent wilderness studies. The final determination of an area’s eligibility, or ineligibility, as wilderness must be approved by the NPS Director before publication of the final eligibility determination in the *Federal Register*. For areas determined to be ineligible for wilderness designation, the wilderness preservation provisions in chapter 6 of these Management Policies are no longer applicable. 

**6.2.2   Wilderness Studies**

Lands and waters found eligible pursuant to the wilderness eligibility assessment will be formally studied to develop the recommendation to Congress for wilderness designation. The National Park Service will continue to undertake wilderness studies on all lands that have been determined to be eligible as a result of the wilderness eligibility assessment. Also, studies will be made for lands where subsequent legislation directs that wilderness studies be completed. 

Wilderness studies will be supported by appropriate documentation of compliance with the National Environmental Policy Act and the National Historic Preservation Act (16 USC 470, et seq.). The Council on Environmental Quality requires environmental impact statements for wilderness studies that will result in recommendations for designations (i.e., proposals for legislation to designate as wilderness). The analysis of alternatives will include a discussion of how the Park Service intends to manage any eligible lands in each alternative that would not be included in the final proposal. 

**6.2.3   Proposed Wilderness**

The findings and conclusions of a formal wilderness study will be forwarded from the Director to the Department of the Interior (Office of the Assistant Secretary for Fish and Wildlife and Parks) as proposed wilderness. This Park Service proposal will identify park lands to be considered for wilderness designation. The decision record will also address management and zoning plans for any lands that were originally deemed eligible for wilderness designation. 

**6.2.4   Recommended Wilderness**

The Secretary of the Interior is responsible for recommending to the President those lands under his/her jurisdiction that qualify for inclusion within the National Wilderness Preservation System. The Secretary performs this function through the Assistant Secretary for Fish and Wildlife and Parks by reviewing NPS proposed wilderness and either approving or revising the proposal. If approved, the final result is forwarded by the Secretary to the President for consideration. At this point, these lands become “recommended” wilderness. The President is then responsible for transmitting recommendations with respect to wilderness designation to both houses of Congress. These recommendations must be accompanied by maps and boundary descriptions. The transmittal of the recommendation from the President to the Congress marks the conclusion of the wilderness study process, although the National Park Service will continue to track the status of the wilderness recommendation in Congress.

**6.2.5   Designated Wilderness**

After the President’s formal transmittal of the recommendation to Congress, Congress considers the President’s recommendation, and may subsequently enact the legislation needed to include the area within the National Wilderness Preservation System as “designated” wilderness. 

From time to time, Congress has established potential wilderness composed of lands that do not themselves qualify for immediate designation due to temporary, nonconforming, or incompatible conditions. If so authorized by Congress, these potential wilderness areas will become designated wilderness upon the Secretary's determination, published in the *Federal Register*, that they have met the qualifications for designation by the cessation or termination of the nonconforming use. The National Park Service will assist the Department and the Congress in this process as requested. 

**6.3   Wilderness Resource Stewardship**

**6.3.1   General Policy**

For the purposes of applying these policies, the term “wilderness” will include the categories of eligible, study, proposed, recommended, and congressionally designated, wilderness. Lands that were originally deemed wilderness eligible, but which were not included in the wilderness recommendation sent to Congress, will no longer be managed under the provisions of these chapter 6 policies. They will, however, be managed in accordance with the same high standards to which all other NPS lands are managed, in full accord with all other provisions of these *Management Policies*. Each of these categories, and the respective NPS management responsibilities are described by these policies and in greater detail in Director’s Order #41.

In addition to managing these areas for the preservation of the physical wilderness resources, planning for these areas must ensure that the wilderness character is likewise preserved. This policy will be applied to all planning documents affecting wilderness. 

The National Park Service will take no action that would diminish the wilderness eligibility of an area possessing wilderness characteristics until the legislative process of wilderness designation has been completed. For wilderness eligible and study lands, no actions that would diminish the existing wilderness character and values of the area will be taken. However, in eligible and study lands, established, existing, and otherwise nonconforming uses may be allowed to continue at current levels pending completion of the wilderness study. For proposed and recommended wilderness lands, management decisions will be made in expectation of eventual wilderness designation. In congressionally designated potential wilderness, management decisions will be in accordance with the letter and intent of Congress. To the extent intended by Congress, the National Park Service will seek to remove from potential wilderness the temporary, nonconforming conditions that preclude wilderness designation. All management decisions affecting wilderness will further apply the concept of “minimum requirement” for the administration of the area regardless of wilderness category. The level of analysis will be commensurate with the scope and complexity of the decision to be made. 

**6.3.2   Responsibility**

NPS responsibility for carrying out wilderness stewardship mandates will be shared by the Director, regional directors, and superintendents of parks with eligible, study, proposed, recommended, congressionally designated potential, and designated wilderness. Interagency cooperation and coordination and training responsibilities for wilderness stewardshipwill also be carried out at the Washington, region, and park levels. Specific wilderness stewardship responsibilities will be assigned at each of these administrative levels to carry out these responsibilities effectively and to facilitate efforts establishing agency and interagency consistency in wilderness stewardship techniques. 

Superintendents will provide the information needed to prepare the Annual Wilderness Report to the Director on the status of wilderness stewardship in the national park system. Based on this information, the Associate Director having National Wilderness Program oversight and responsibility will provide the Directorate with recommendations and advice to establish a system of accountability, consistency, and continuity for NPS wilderness stewardship. 

**6.3.3   Consistency**

The National Park Service will seek to achieve consistency in wilderness stewardship objectives, techniques, and practices on both an agency and an interagency basis. Accordingly, the National Park Service will seek to maintain effective intra-agency and interagency communications, and will encourage, sponsor, and participate in intra-agency and interagency training and workshops designed to promote the sharing of ideas, concerns, and techniques related to wilderness stewardship. However, per Sec. 4(a)(3) of the Wilderness Act, the need for interagency consistency will in no way diminish any established NPS wilderness standards and values. 

**6.3.4  Wilderness-related Planning and Environmental Compliance**

The Wilderness Act directs that these areas shall be devoted to the public purposes of conservation, recreation, scenic, scientific, educational, and historical use. Wilderness planning and compliance will be developed to assure that, where consistent with the Wilderness Act, optimum opportunities for the public to use and enjoy their wilderness areas are identified and provided, while also ensuring that future generations will have the same opportunities. 

**6.3.4.1   Zoning for Wilderness**

Accomplishing the six public purposes of wilderness cannot always be done on the same parcel of land simultaneously. Zoning, in both spatial and temporal dimensions, to appropriately allocate wilderness lands to accommodate all the legislated purposes may be required. When necessary, all categories of wilderness may be zoned for visitor experiences and resource conditions consistent with their wilderness values within the established management zoning system for each park. However, management zoning or other land use classifications cannot and will not diminish or reduce the maximum protection to be afforded lands with wilderness values. Transition zones adjacent to wilderness may be identified to help protect wilderness values, but no transitional or “buffer” zones are appropriate within wilderness boundaries. 

**6.3.4.2   Wilderness Stewardship Planning**

The superintendent of each park containing wilderness resources will develop and maintain plans to guide the stewardship and use of these resources. Wilderness stewardship planning will identify desired future conditions, as well as establish indicators, standards, conditions, and thresholds above which management actions will be taken to protect wilderness character and resources. 

The park’s wilderness stewardship plan may be developed as a separate document or integrated within a park’s general management plan or other planning documents. Wilderness stewardship planning will be supported by appropriate documentation of compliance with the National Environmental Policy Act and the National Historic Preservation Act. The plan will be developed with public involvement, and will contain specific, measurable management objectives that address the preservation and management of natural and cultural resources within wilderness as appropriate to achieve the purposes of the Wilderness Act and other legislative requirements. 

*(See Visitor/User Carrying Capacity 8.2.1)*

**6.3.4.3   Environmental Compliance**

Proposals having the potential to impact wilderness resources will be evaluated in accordance with NPS procedures for implementing the National Environmental Policy Act. Those procedures include the use of categorical exclusions, environmental assessments (EAs), and/or environmental impact statements (EISs). Administrative actions impacting wilderness must be addressed in either the EA or EIS accompanying the approved wilderness stewardship plan, or as a separate environmental compliance document. 

Managers contemplating the use of aircraft or other motorized equipment or mechanical transportation within wilderness must first consider impacts to the character, aesthetics, and traditions of wilderness before considering the costs and efficiency of the equipment.  

In evaluating environmental impacts, the National Park Service will take into account wilderness characteristics and values, including 

· the primeval character and influence of the wilderness,

· the preservation of natural conditions (including the lack of man-made noise, lights, and odors), and

· assurances that there will be outstanding opportunities for solitude, that the public will be provided with a primitive and unconfined type of recreational experience, and that wilderness will be preserved and used in an unimpaired condition.

*(Also see Director’s Order #12: Conservation Planning and Environmental Impact Analysis)*

**6.3.5   Minimum Requirement**

All management decisions affecting wilderness must be consistent with the minimum requirement concept. This concept is also a documented process used to determine if activities, projects, or programs affecting wilderness resources or the visitor experience are necessary, and how to minimize impacts. The minimum requirement concept will be applied as a two-step process that determines 

· whether or not the proposed management action is appropriate or necessary for administration of the area, and 

· the techniques and type of equipment needed to ensure that impact to wilderness resources and character is minimized. 

In accordance with this policy, superintendents will apply the minimum requirement concept in the context of wilderness stewardship planning, as well as to all other administrative practices, proposed special uses, scientific activities, and equipment use in wilderness. When determining minimum requirement, the potential disruption of wilderness character and resources will be considered before, and given significantly more weight than, economic efficiency and convenience. If a compromise of wilderness resources or character is unavoidable, only those actions that preserve wilderness character and/or have localized, short-term adverse impacts will be acceptable. 

Although park managers have flexibility in identifying the method used to determine minimum requirement within the approved wilderness stewardship plan, the method used must clearly weigh the benefits and impacts of the proposal, document the decision process, and be supported by an appropriate environmental compliance document. Parks with no approved wilderness stewardship plan must develop a separate process to determine minimum requirement until the plan is finally approved. Parks will complete a minimum requirement analysis on those administrative practices and equipment uses that have the potential to impact wilderness resources or values. The minimum requirement concept cannot be used to rationalize permanent roads or inappropriate or unlawful uses in wilderness. 

Administrative use of motorized equipment or mechanical transport will be authorized only

· if determined by the superintendent to be the minimum requirement needed by management to achieve the purposes of the area as wilderness, including the preservation of wilderness character and values, or 

· in emergency situations (search and rescue, homeland security, law enforcement) involving the health or safety of persons actually within the area. Such management activities will be conducted in accordance with all applicable regulations, policies, and guidelines, including minimum requirement protocols as practicable. 

For more detailed guidance, see Director’s Order 41 and the National Wilderness Steering Committee Guidance Paper #3: “What Constitutes the Minimum Requirement in Wilderness?”

**6.3.6   Scientific Activities in Wilderness**

The statutory purposes of wilderness include scientific activities, and these activities are encouraged and permitted when consistent with the Service’s responsibilities to preserve and manage wilderness. 

**6.3.6.1   General Policy**

The National Park Service has a responsibility to support appropriate scientific activities in wilderness, and to use science to improve wilderness stewardship. The Service recognizes that wilderness can and should serve as an important resource for long-term research, study, and observation of ecological processes and the impact of humans on these ecosystems. The National Park Service further recognizes that appropriate scientific activities may be critical to the long-term preservation of wilderness. 

Scientific activities are to be encouraged in wilderness. Even those scientific activities (including inventory, monitoring, and research) that involve a potential impact to wilderness resources or values (including access, ground disturbance, use of equipment, animal welfare, etc.) should be allowed when the benefits of what can be learned outweigh the impacts on the wilderness resources or values. However, all such activities must also be evaluated using the minimum requirement concept and include documented compliance that assesses impacts against benefits to wilderness. This process should ensure that the activity is appropriate and uses the minimum tool required to accomplish project objectives. Scientific activities involving prohibitions identified in section 4(c) of the Wilderness Act (16 USC 1133(c)) may be conducted within wilderness when the following conditions are met.      

· The desired information is essential for the understanding health, management, or administration of wilderness, and the project cannot be reasonably modified to eliminate or reduce the nonconforming wilderness use(s); or if it increases scientific knowledge, even when this serves no immediate wilderness stewardship

purposes, provided it does not compromise wilderness resources or character. The preservation of wilderness resources and character will be given significantly more weight than economic efficiency and/or convenience. 

· NEPA compliance (including completion of documented categorical exclusions, environmental assessments/findings of no significant impact, or environmental impact statements/records of decision) and other regulatory compliance (including compliance with Section 106 of the National Historic Preservation Act (16 USC 470f)) are accomplished and documented. 

· All scientific activities will be accomplished in accordance with the terms and conditions adopted at the time the research permit is approved. Later requests for exceptions to the Wilderness Act will require additional review and approval. 

· The project will not significantly interfere with other wilderness purposes (recreational, scenic, educational, conservation, or historical) over a broad area or for a long period of time. 

· The minimum requirement concept is applied to implementation of the project. 

Research and monitoring devices (e.g., video cameras, data loggers, and meteorological stations) may be installed and operated in wilderness if (1) the desired information is essential for the administration and preservation of wilderness and cannot be obtained from a location outside of wilderness without significant loss of precision and applicability; and (2) the proposed device is the minimum requirement necessary to accomplish the research objective safely. 

Park managers will work with researchers to make NPS wilderness area research a model for the use of low-impact, less intrusive techniques. New technology and techniques will be encouraged if they are less intrusive and cause less impact. The goal will be for studies in NPS wilderness to lead the way in “light on the resource” techniques. 

All scientific activities, including the installation, servicing, removal, and monitoring of research devices, will apply minimum requirement concepts and be accomplished in compliance with *Management Policies*, Director’s Orders, and procedures specified in the park’s wilderness stewardship plan.

*(See Studies and Collections 4.2; Social Science Studies 8.11)*

**6.3.6.2   Monitoring Wilderness Resources**

In every park containing wilderness, the conditions and long term trends of wilderness resources will be monitored to identify the need for or effects of management actions. Monitoring will be conducted to identify threats and their source, both internal and external, for the purpose of mitigation if possible, and to ensure that the public purposes are being met, and that management actions and impacts on wilderness resources and character do not exceed established standards and conditions. As appropriate, wilderness monitoring programs may assess physical, biological, cultural, and social resources and impacts.

**6.3.7   Natural Resources Management**

The National Park Service recognizes that wilderness is a composite resource with interrelated parts. Without natural resources, especially indigenous and endemic species, a wilderness experience would not be possible. Natural resources are critical, defining elements of the wilderness resource, but need to be managed within the context of the whole ecosystem. Natural resource management plans will be integrated with and cross- reference wilderness stewardship plans. Pursuing a series of independent component projects, such as single species management in wilderness, will not necessarily accomplish the over-arching goal of wilderness stewardship. Natural resources management in wilderness will include and be guided by a coordinated program of scientific inventory, monitoring, and research. 

The principle of nondegradation will be applied to wilderness stewardship, and each wilderness area’s condition will be measured and assessed against its own unimpaired standard. Natural processes will be allowed, as far as possible, to shape and control wilderness ecosystems. Management should seek to sustain natural distribution, numbers, population composition, and interaction of indigenous species. Management intervention should only be undertaken to the extent necessary to correct past impacts. If the impacts originate outside of wilderness boundaries, the park superintendent will communicate, cooperate, and consult with outside parties and seek solutions that will protect the resources. 

Management actions, including restoration of extirpated native species and altered natural fire regimes, the control of invasive alien species, the management of endangered species, and the protection of air and water quality, should be attempted only when the knowledge and tools exist to accomplish clearly articulated goals. 

*(See Chapter 4: Natural Resource Management. Also see Director’s Order #77 series on natural resources management)*

**6.3.8   Cultural Resources**

The Wilderness Act specifies that the designation of any area of the park system as wilderness “shall in no manner lower the standards evolved for the use and preservation of” such unit of the park system under the various laws applicable to that unit (16 USC Section 1133(a)(3)). Thus, the laws pertaining to historic preservation also remain applicable within wilderness. In administering any area designated as wilderness, the responsible park managers will include appropriate consideration of the application of this “savings” clause in their analyses and ultimate decisions. 

Cultural resources that have been included within wilderness will be protected and maintained according to the pertinent laws and policies governing cultural resources, using management methods consistent with preservation of wilderness character and values. These laws include the Antiquities Act of 1906 and the Historic Sites Act of 1935, as well as the subsequent historic preservation legislation, including the National Historic Preservation Act, the Archaeological Resources Protection Act, and Native American Graves Protection and Repatriation Act (NAGPRA). The American Indian Religious Freedom Act (AIRFA) reaffirms the First Amendment rights of Native Americans to access national park lands for the exercise of their traditional religious practices. The *Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation* projects provide direction for protection and maintenance. Cemeteries or commemorative features, such as plaques or memorials, that have been included in wilderness may be retained (including approved access to these sites), but no new cemeteries or additions to existing cemeteries may be made unless specifically authorized by federal statute, existing reservations, or retained rights. Native American human remains that were removed from wilderness areas and are subject to NAGPRA repatriation may be re-interred at or near the site from which they were removed. Native American religious areas and other ethnographic and cultural resources will be inventoried and protected. Native Americans will be permitted access within wilderness for sacred or religious purposes consistent with the intent of the American Indian Religious Freedom Act, the Wilderness Act, and other applicable authorities provided by federal statutes and Executive orders. 

*(See Chapter 5: Cultural Resource Management)*

**6.3.9   Fire Management**

Fire management activities conducted in wilderness areas will conform to the basic purposes of wilderness. The park’s fire management and wilderness stewardship plans must identify and reconcile the natural and historic roles of fire in the wilderness. These plans will provide a prescription for response, if any, to natural and human-caused wildfires based on fuel load, climatic conditions, potential for damage to property or loss of life both within and adjacent to wilderness, and availability of fire suppression resources. If a fire use program is implemented, these plans will also include the prescriptions and procedures under which the program will be conducted within wilderness. 

Actions taken to suppress wildfires must use the minimum requirement concept, unless (1) the on-site management officials determine that emergency conditions exist, and (2) the fire should be managed in such a way as to protect natural and cultural resources and to minimize the lasting impacts of the suppression actions. Information on developing a fire management program in wilderness is contained in Director’s Order #18: Wildland Fire Management. 

*(See Fire Management 4.5)*

**6.3.10   Management Facilities**

Part of the definition of wilderness as provided by the Wilderness Act is “undeveloped federal land retaining its primeval character and influence, without permanent improvements.” Accordingly, the authorization of NPS administrative facilities located in wilderness will be limited to the types and minimum number essential to meet the minimum requirements for the administration of the wilderness area. A decision to construct, maintain, or remove an administrative facility will be based primarily on whether or not such a facility is required to preserve wilderness character or values, not on considerations of administrative convenience, economic effect, or convenience to the public or park staff. Maintenance or removal of historic structures will also comply with cultural resource protection and preservation policies and directives, and the concept of minimal requirement management techniques for wilderness. 

**6.3.10.1   Administrative Facilities**

Administrative facilities (for example ranger stations and/or patrol cabins, fire lookouts, radio and/or cellular telephone antennas, radio repeater sites, associated storage or support structures, drift fences, and facilities supporting trail stock operations) may be allowed in wilderness only if they are determined to be the minimum requirement necessary to carry out wilderness stewardship objectives and are specifically addressed within the park’s wilderness stewardship plan or other appropriate planning documents. New roads will not be built in wilderness. Temporary vehicular access may be permitted only to meet the minimum requirements of emergency situations, and will be restored per an approved restoration plan as rapidly as possible. Where abandoned roads have been included within wilderness, they may be used as trails, restored to natural conditions, or managed as a cultural resource. 

No permanent heliports, helipads, or airstrips will be allowed in wilderness unless specifically authorized by statute or legislation. Temporary landing facilities may be used to meet the minimum requirements of emergency situations. Site improvements determined to be essential for safety reasons during individual emergency situations may be authorized, but no site markings or improvements of any kind may be installed to support nonemergency use. In Alaska, any prohibitions or restrictions on the use of fixed-wing aircraft should follow the procedures in 43 CFR 36.11(f). 

Permanent storage caches are prohibited within wilderness unless necessary for health and safety purposes or when such caches are justified and documented through a minimum requirement analysis.

**6.3.10.2   Trails in Wilderness**

Trails will be permitted within wilderness when they are determined to be necessary for resource protection and/or for providing for visitor use for the purposes of wilderness. The identification and inventory of the wilderness trail system will be included as an integral part of the wilderness stewardship plan or other appropriate planning document. Trails will be maintained at levels and conditions identified within the approved wilderness stewardship plan or other planning document. Trail maintenance structures (waterbars, gabions, etc.) may be provided, under minimum requirement protocols, where they are essential for resource preservation, required to meet trail design and construction standards, or where significant safety hazards exist during normal use periods. Historic and/or prehistoric trails will be administered and maintained in keeping with approved cultural resource and wilderness stewardship plan requirements. 

Borrow pits are not permitted in wilderness areas, with the exception of small-quantity use of borrow material for trails, which must be in accordance with an approved wilderness stewardship plan or other applicable planning document. 

**6.3.10.3   Campsites and Shelters**

The construction of new shelters for public use will generally not be allowed, in keeping with the values and character of wilderness. An existing shelter may be maintained or reconstructed only if the facility is necessary to achieve specific wilderness stewardship objectives as identified in the park’s wilderness and cultural resources management plans. The construction, use, and occupancy of cabins and other structures in wilderness areas in Alaska are governed by applicable provisions of the Alaska National Interests Lands Conservation Act and by NPS regulations in 36 CFR Part 13, and may be permitted only under conditions prescribed in the park’s wilderness stewardship plan. 

Although the development of facilities to serve visitors will generally be avoided, campsites may be designated when essential for resource protection and preservation or to meet other specific wilderness stewardship objectives. In keeping with the terms of the park’s wilderness stewardship plan, campsite facilities may include a site marker, fire rings, tent sites, food-storage devices, and toilets if these are determined by the superintendent to be the minimum facilities necessary for the health and safety of wilderness users, or for the preservation of wilderness resources and values. Toilets will be placed only in locations where their presence and use will resolve health and sanitation problems or prevent serious resource impacts, especially where reducing or dispersing visitor use is impractical or has failed to alleviate the problems. Picnic tables will generally not be allowed in wilderness. 

**6.3.10.4   Signs**

Signs detract from the wilderness character of an area. Only those signs necessary for visitor safety or to protect wilderness resources, such as those identifying routes and distances, will be permitted. Where signs are used, they should be compatible with their surroundings and the minimum feasible size. 

**6.3.11   Wilderness Boundaries**

Policies related to wilderness boundaries include the following. 

**6.3.11.1   Legal Descriptions and Boundary Maps**

Every park with designated wilderness will have a written legal description of the wilderness area and a map (or maps) that illustrates the legal description of the wilderness. Each park will ensure that the legal description and map(s) are filed in the appropriate locations. Wilderness boundaries have the force of federal law, and may only be modified through the legislative process, unless minor adjustments and corrections are specifically authorized within the legislation that designated the wilderness.

**6.3.11.2   Caves**

All cave passages located totally within the surface wilderness boundary will be managed as wilderness. Caves that have entrances within wilderness but contain passages that may extend outside the surface wilderness boundary will be managed as wilderness. Caves that may have multiple entrances located both within and exterior to the surface wilderness boundary will be managed consistent with the surface boundary; those portions of the cave within the wilderness boundary will be managed as wilderness. 

*(See Caves 4.8.2.2)*

**6.3.11.3   Waters in Wilderness**

The Park Service will manage all waters included within wilderness boundaries, and the lands beneath these waters (if owned by the United States) as wilderness, in keeping with established jurisdictions and authorities and subject to all valid water rights established in accordance with applicable state law. 

*(See Water Resource Management 4.6)*

**6.4   Wilderness Use Management**

The National Park Service will encourage and facilitate those uses of wilderness that are consistent with the definitions and purposes of wilderness and that do not degrade wilderness resources and character. Appropriate restrictions may be imposed on any authorized activity if necessary to preserve wilderness character and resources or to ensure public safety. 

When resource impacts or demands for use exceed established thresholds or capacities, superintendents may manage or redirect use. Physical alterations, public education, general regulations, special regulations, and permit systems, as well as local restrictions, public use limits, closures, and designations implemented under the discretionary authority of the superintendent (36 CFR 1.5 and 36 CFR Part 13; 43 CFR Part 36 for Alaska units), may all be used in managing use and protecting wilderness. Superintendents should use the least restrictive management prescription available and practicable to meet the resource protection needs while accommodating public use.

**6.4.1   General Policy**

Park visitors should accept wilderness on its own unique terms. Accordingly, the National Park Service will promote education programs that encourage wilderness users to understand and be aware of certain risks, including possible dangers arising from wildlife, weather conditions, physical features, and other natural phenomena inherent in the various conditions that comprise a wilderness experience and primitive methods of travel. The National Park Service will not modify the wilderness area to eliminate all risks normally associated with wilderness, but it will strive to provide users with general information concerning possible risks, any recommended precautions, related user responsibilities, and applicable restrictions and regulations. Certain specific risks may be mitigated or managed if the mitigation or management of the risks does not degrade the wilderness character and resources.

**6.4.2   Wilderness Interpretation and Education**

In the context of interpretive and educational planning, park units with wilderness resources will operate public education programs designed to promote and perpetuate public awareness and enjoyment of and appreciation for wilderness character, resources, and ethics. This education will focus on (1) fostering an understanding of the concept of wilderness that includes respect for the resource, willingness to exercise self-restraint in accessing it, and an ability to adhere to appropriate, minimum-impact techniques; and (2) encouraging the public to use and accept wilderness on its own terms, i.e., the acceptance of an undeveloped, primitive environment and the assumption of the potential risks and responsibilities involved in using and enjoying wilderness areas. NPS interpretive plans and programs for wilderness parks will address the primary interpretive themes for wilderness. Education is among the most effective tools for dealing with wilderness use management problems and should always be applied before more restrictive management tools. 

*(See Visitor Safety 8.2.5.1)*

**6.4.3   Recreational Use Management in Wilderness**

Wilderness areas offer outstanding opportunities for solitude or primitive and unconfined recreation. These wild and natural lands have been set aside by the American people for people to use, experience, and enjoy. Park managers should identify and encourage wilderness recreational opportunities. Recreational uses of NPS wilderness are generally those traditionally associated with wilderness and identified by Congress in the legislative record for the development of the Wilderness Act and in keeping with the language provided by Sections 2(a) and 2(c) of the act itself (16 USC 1131(a) and (c)). These recreational uses of wilderness will be of a type and nature that ensure that its use and enjoyment will leave it unimpaired for future use and enjoyment as wilderness, provide for the protection of the area as wilderness, and provide for the preservation of the wilderness character. Recreational uses in NPS wilderness areas will be of a nature that

· enables the areas to retain their primeval character and influence,

· protects and preserves natural conditions,

· leaves the imprint of man’s work substantially unnoticeable,

· provides outstanding opportunities for solitude or primitive and unconfined types of recreation, and

· preserves wilderness in an unimpaired condition.

For wilderness areas in Alaska, wilderness access is managed according to the provisions of the Alaska National Interests Lands Conservation Act.

**6.4.3.1   Recreational Use Evaluation**

As with all legislated uses of wilderness, recreational activities, particularly new and emerging activities, that compromise the stated purposes and definitions of wilderness or unduly impact the wilderness resource or the visitor experience within wilderness will be evaluated to determine if these uses are appropriate or should be managed or disallowed through use of the superintendent’s compendium in 36 CFR 1.5 or rulemaking. Evaluation or re-evaluation should be accomplished within wilderness stewardship plans or other planning documents and should be conducted in consultation with the public; tribal, local and state governments; and other stakeholders. Recreational uses that do not meet the purposes and definitions of wilderness should be prohibited in NPS wilderness. 

Management actions that result in significant changes in patterns or increased levels of use will be authorized only in cases where sufficient information exists to adequately determine there is no significant impact on wilderness resources and values, including visitor experiences. Decisions regarding significant changes in patterns and new levels of use will require environmental analysis and review, including opportunity for public comment, in accordance with NEPA requirements.  

*(See Visitor Carrying Capacity 8.2.1)*

**6.4.3.2   Leave No Trace and Tread Lightly!**

Applicable outdoor recreation ethics developed by the Leave No Trace Center, and Tread Lightly! principles and practices, should be applied to all forms of recreation management within wilderness, including commercial operations. The Park Service will provide technical advice to these organizations and their boards to assist in the development of appropriate educational materials. Wilderness users will generally be required to carry out all refuse. Refuse is defined in 36 CFR 1.4. 

**6.4.3.3   Use of Motorized Equipment**

Public use of motorized equipment or any form of mechanical transport will be prohibited in wilderness except as provided for in specific wilderness legislation. Operating a motor vehicle or possessing a bicycle in designated wilderness outside Alaska is prohibited (see NPS regulations in 36 CFR 4.30(d)(1)). 

However, section 4(d)(1) of the Wilderness Act (16 USC 1133(d)(1)) authorizes the Secretary, where legislation designating the wilderness specifically makes this provision applicable, to allow the continuation of motorboat and aircraft use under certain circumstances in which those activities were established before wilderness designation. Section 4(d)(1) gives the Secretary the discretion to manage and regulate the activity in accordance with the Wilderness Act, the NPS Organic Act, and individual park enabling legislation. As authorized, the National Park Service will administer this use to be compatible with the purpose, character, and resource values of the particular wilderness area involved. The use of motorized equipment by the public in wilderness areas in Alaska is governed by applicable provisions of the Alaska National Interests Lands Conservation Act, NPS regulations in 36 CFR Part 13, and Department of the Interior regulations in 43 CFR Part 36. The specific conditions under which motorized equipment may be used by the public will be outlined in each park’s wilderness stewardship plan. 

*(See Soundscape Management 4.9; Use of Motorized Equipment 8.2.3)*

**6.4.4   Commercial Services**

Wilderness-oriented commercial services that contribute to public education, safety and visitor enjoyment of wilderness values or that provide opportunities for primitive and unconfined types of recreation may be authorized if they meet the “necessary and appropriate” tests of the National Park Service Concessions Management Improvement Act of 1998 and section 4(d)(6) of the Wilderness Act (16 USC 1133(d)(5)), and if they are consistent with the wilderness stewardship objectives contained in the park’s wilderness stewardship plan, including the application of the minimum requirement concept. Activities such as guide services for outfitted horseback, hiking, mountain climbing, or river trips and similar activities may be authorized if conducted under terms and conditions outlined in the park’s wilderness stewardship plan and/or in legislation authorizing these types of commercial use. 

The only structures or facilities used by commercial services allowed in wilderness will be temporary shelters, such as tents, or other specifically approved facilities that may be required within the wilderness stewardship plan for resource protection, visitor safety, and the preservation of wilderness values. Temporary facilities will generally be removed from the wilderness after each trip, unless such removal will cause additional degradation of the wilderness resources. Temporary caches may be authorized for commercial services in wilderness only if necessary for public safety or to reduce damage to wilderness resources and when such caches are not visible to the public or otherwise do not degrade the wilderness character or resources. Authorized caches must be subject to the minimum requirement and will not be permitted for convenience. In Alaska, additional guidance for  management of temporary facilities for hunting and fishing guides is found in the Alaska National Interests Lands Conservation Act, section 1316 (16 USC 3204). The use of permanent equipment and supply caches by commercial operators is prohibited within wilderness. 

Managers will ensure that commercial operators are in compliance with established outdoor ethics, principles, and protocols. 

*(See Visitor Use 8.2; Commercial Use Authorization 10.3)*

**6.4.5   Special Events**

Permits may be issued for special events that have a strong park and wilderness educational focus and are otherwise consistent with the public purposes of wilderness.  Permits will not be issued in NPS wilderness areas for special events that are commercial enterprises, or for organized competitive events, such as activities involving animal, foot or watercraft races; physical endurance of a person or animal; survival exercises; or war games. Permit requests for special events that cause wilderness resource degradation or unduly intrude on the opportunities for solitude will be denied. Determining the terms and conditions for a special event in wilderness must be evaluated through the minimum requirement process.

*(See Special Events 8.6.2. Also see 36 CFR 2.50)*

**6.4.6   Valid Existing Rights**

Wilderness designation does not extinguish valid existing rights (e.g., fee-simple interest, less-than-fee simple interest, valid mineral operations, rights-of-way, grazing permits, and water rights). The validity of existing rights within wilderness must be determined on a case-by-case basis. Valid existing rights in wilderness must be administered in keeping with the specific conditions and requirements of those rights. 

**6.4.6.1   Rights-of-Way**

Existing rights-of-way that have been included in wilderness should be allowed to terminate or be phased out where practicable. Rights-of-way subject to NPS administrative control should be administered under conditions outlined in wilderness stewardship plans or other applicable planning documents, which protect wilderness character and resources and limit the use of motorized or mechanical equipment. The Service will not issue any new rights-of-way or widen or extend any existing rights-of-way in wilderness.

Rights-of-way and access procedures affecting wilderness areas in Alaska are governed by applicable provisions of the Alaska National Interests Lands Conservation Act and regulations in 43 CFR 36 and 36 CFR 13.

**6.4.6.2   Mineral Development**

The National Park Service will seek to cooperatively remove or extinguish valid mining claims and nonfederal mineral interests in wilderness through authorized processes, including purchasing valid rights. In parks where Congress has authorized the leasing of federal minerals, the Park Service will take appropriate actions to preclude the leasing of lands or minerals within wilderness whenever and wherever it is authorized to do so. Lands included within wilderness will be listed as “excepted areas” under applicable regulations in 43 CFR parts 3100 and 3500 (see section 3500.8). 

Unless and until mineral interests and mining claims within NPS wilderness are eliminated, they must be managed pursuant to existing NPS regulations, policies, and procedures. (See 36 CFR part 9, subpart A, for mineral development on mining claims; 36 CFR part 9, subpart B, for nonfederal oil and gas development; and 43 CFR Parts 3100 and 3500 for federal mineral leasing.). A validity examination of unpatented claims in wilderness affected by a proposed plan of operations must be conducted by a certified mineral examiner before plan approval. Motorized use in wilderness on valid mineral claims is allowed only with an approved plan of operations and where there is no reasonable alternative. Motorized use for access can occur only on existing or approved roads. There will be no new roads or improvement of existing roads unless the claimant can demonstrate a legal right, or they are necessary for resource protection. Any plan of operations that is approved will include stipulations on operations and reclamation that will ensure that long-term effects on the wilderness area are substantially unnoticeable. For access to mining claims in NPS wilderness in Alaska, see 43 CFR 36.10. 

*(See 8.7 Mineral Exploration and Development)*

**6.4.6.3   Grazing and Livestock Driveways**

Agricultural grazing or driving of livestock in park wilderness will be allowed only as specifically authorized by Congress. Where these activities are authorized, they will be managed under conditions and requirements identified within the approved wilderness stewardship plan, other applicable management plans, and corresponding allotment management plans. The use of motorized vehicles, motorized equipment, or mechanical transport by grazing permittees will not be allowed except as provided for by a specific authority, i.e., a valid existing right, the enabling legislation, or a determination of minimum requirement by the Park Service. The construction of livestock management facilities other than those specifically authorized by legislation is prohibited. 

Recreational grazing of trail stock used as part of an approved livestock management program within wilderness may be authorized in accordance with NPS regulations and conditions outlined in the wilderness stewardship plan or stock use management plan. All approved livestock use must ensure the preservation of wilderness resources and character. Superintendents will be responsible for monitoring livestock use in wilderness to the same degree as human use, and may use the same management tools and techniques—including the application of the minimum requirement concept to manage livestock use that are available for managing other wilderness uses. 

*(See 8.6.8 Grazing by Domestic and Feral Livestock)*

**6.4.7   Accessibility for Persons with Disabilities**

The National Park Service has legal obligations to make available equal opportunities for people with disabilities in all programs and activities. This requirement includes the opportunity to participate in wilderness experiences. Management decisions responding to requests for special consideration to provide wilderness use by persons with disabilities must be in accord with the Architectural Barriers Act of 1968, the Rehabilitation Act of 1973 (as amended in 1978), and section 507(c) of the Americans with Disabilities Act of 1990 (ADA) (42 USC 12207(c)). Such decisions should balance the intent of access and wilderness laws, and find a way of providing the highest level of protection to the wilderness resource. 

Section 17.550 of the Secretary of the Interior’s regulations regarding enforcement of nondiscrimination on the basis of disability in Department of Interior programs (43 CFR part 17, subpart E) states that agencies are not required to take any actions or provide access that would result in a fundamental alteration in the nature of a program or activity. However, the agency has the burden of proving that compliance would result in a fundamental alteration. This concept is also found in section 507 of the Americans with Disabilities Act.  

*(See Accessibility for Persons with Disabilities 8.2.4)*

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