Special Provisions

The Special Provisions toolbox is a ‘work in progress’ and represents information available to date on this subject. Toolboxes are comprehensively reviewed and updated approximately every three years, with intermittent small updates and additions in the interim. To suggest new materials for inclusion, email Lisa Ronald at lisa@wilderness.net. Date of last update: 10/17/2018.

Introduction

Overview

This toolbox contains materials pertaining to the management of Miscellaneous Special Provisions as referenced in Sections 4(c), 4(d)(1), 4(d)(4)(1), and 4(d)(7) of the Wilderness Act of 1964. Expanding the outline of this Toolbox will give you an idea of the topics covered. It does NOT include rights-of-way associated with access to inholdings or mineral claims as described in Section (5). Those are covered in the INHOLDINGS AND RIGHTS OF WAY Toolbox. Other Special Provisions also can be found their own Toolboxes:

  • COMMERCIAL SERVICES (OUTFITTER AND GUIDE) Toolbox
  • FIRE MANAGEMENT Toolbox
  • FISH AND WILDLIFE RESOURCES Toolbox
  • GRAZING Toolbox
  • MINERALS Toolbox

However, this Toolbox does contain two documents from the University of Colorado Natural Resources Law Center on a wide range of Special Provisions, including those that have their own Toolboxes. For these reference materials, see the last section of this Toolbox.

NOTE: Though the Arthur Carhart National Wilderness Training Center has made every effort to provide materials that are legally accurate, the laws affecting many of these special provisions in wilderness and their implications for management are extremely difficult to understand clearly. And the law that designated your wilderness may very well contain additional language describing rights or other special provisions unique to your wilderness. It is critical that you contact your solicitor or general counsel if these are an issue in your wilderness.

Basis in the Wilderness Act

Relevant information from other laws

Relevant Case Law

Management Regulations, Policies, and Practices

General Guidelines

BLM

Structures and Installations

Water Rights

Aircraft, Airfields, and Landing Strips

Motorboats - BLM policy only addresses use of airplanes, since the use of motorboats is rare in BLM wilderness, but motorboat use would follow the same principles

Insects and Disease

FWS

  • 610 FW - Special Provisions Policy
    Structures and Installations - 610 FW 2.5; Rights-of-Way - 610 FW 2.11; Aircraft, airfields, landing strips - 610 FW 2.8; Motorboats - 610 FW 2.7; Insects and Disease - 610 FW 2.19; Miscellaneous Special Provisions in Alaska - 610 FW 5

NPS

  • 2006 NPS Management Policies
    Structures and Installations - NPS 2006 Mgmt. Policies Ch. 6.3.10; Rights of Way - NPS 2006 Mgmt. Policies Ch. 6.4.8; Aircraft and motorboats, airfields, landing strips - NPS 2006 Mgmt. Policies Ch. 6.4.3.3, 6.3.4.3, 6.3.10.1; Insects and Disease - NPS 2006 Mgmt. Policies Ch. 6.3.7