Special Provisions

The Special Provisions toolbox is a ‘work in progress’ and represents information available to date on this subject. Contact us to suggest new materials for inclusion.

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
• WILDLIFE & FISH 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

• Basis in the Wilderness Act

Relevant information from other laws

• Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended

Relevant Case Law

• Williams and Brown, 124 IBLA 7 (1992)
• High Sierra Hikers v. U.S. Forest Serv., 436 F.Supp.2d 1117 (E.D. Cal. 2006)

Examples

• Border MOU - 2006 (Dept. of Homeland Security, USDA, USDI)

Resources and References

• Wilderness Special Provisions Database
• Wilderness, Water, and Climate Change (PowerPoint by Randy Bramer, OGC)

University of Colorado Special Use References (2004)

• Special Use Provisions in Wilderness Legislation
• Special Uses in Wilderness Areas: Management Survey