1. Christopher V. Barns Wilderness Specialist, BLM National Landscape Conservation System BLM Representative, Arthur Carhart National Wilderness Training Center

2. Except in certain specific instances, “there shall be no...structure or installation within any [wilderness] area.” Wilderness Act, Section 4(c)

3. “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)

4. Wilderness Watch v. Mainella (11 th 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.”

5. Wilderness Watch v. Mainella (11 th 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 1 st two cases

6. Wilderness Watch v. Mainella (11 th 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.”

7. “A wilderness...(4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value.” Wilderness Act, Section 2(c)

8. “A wilderness...(4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value.” Wilderness Act, Section 2(c)

9. DEFINITION [2(c)] USE [4(b)] ecologicalgeologicalscientificeducationalscenichistorical recreational scenic scientific educational conservation historical

10. DEFINITION [2(c)] USE [4(b)] ecologicalgeologicalscientificeducationalscenichistorical recreational scenic scientific educational conservation historical

11. 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 ≠

12. 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)

13. 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”

14. 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

15. 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

16. “A wilderness...(4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value.” Wilderness Act, Section 2(c)

17. “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.”

18. 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

19. 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

21. 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.”

23. 1) Wilderness Character would be improved without it. REMOVE REMOVE

24. 1) Wilderness Character would be improved without it. REMOVE REMOVE 2) Mixed effects to Wilderness Character if it disappeared DOCUMENT, AT LEAST DOCUMENT, AT LEAST 3) Wilderness Character would be irrevocably damaged if it were lost. PRESERVE PRESERVE

25. “A wilderness...(4) may also contain... features of... historical value.” Wilderness Act, Section 2(c) “Definition of Wilderness”