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Wilderness,
above all its definitions, purposes and uses, is sacred space, with
sacred power, the heart of a moral world. Michael
Frome, Battle for the Wilderness
With
passage of the Wilderness Act in 1964, Congress created a new statutory
land classification and gave the concept of Wilderness
a legal definition. The first paragraph of the Wilderness Act refers
to an enduring resource of wilderness, with resource
being singular. Congress specifically recognized wilderness as a
unique resource in its own right, not just a collection of other
natural resources.
Only Congress can designate or undesignate federal lands as Wilderness.
Congressional designation as Wilderness provides an area with the
highest level of statutory land protection available in the United
States. The statutory definition of Wilderness is found in Section
2(c) of the Wilderness Act.
According to the canons of statutory interpretation, when reading
a specific section of law the first statements in the section are
understood to lay out Congress clear intent and subsequent
statements in that same section are understood to support and expound
on that legal directive. It is contrary to legal principles to think
there are contradictory or competing directives within a given section
of a statute.
With this in mind, the first sentence of Section 2(c) defines Wilderness
as follows:
A wilderness, in contrast with those areas where man
and his own works dominate the landscape, is hereby recognized as
an area where the earth and community of life are untrmameled
by man, where man himself is a visitor who does not remain.
(emphasis added)
Congress intended that Wilderness remain in contrast to modern civilization,
its technologies, conventions, and contrivances. Congress also intended
that Wilderness remain untrammeled, meaning free of intentional
human manipulation. In Wilderness, the forces of nature and natural
processes would be allowed to unfold without intentional human interference.
In this definition, Congress defines not only qualities of Wilderness
but also provides statutory direction for how humans interact with
Wilderness, and what our relationship will be with these places.
In Wilderness, Congress clearly intended that humans will not dominate
or develop the landscape, and will not control natural processes.
The second sentence in Section 2(c) expands the definition of Wilderness:
An area of wilderness is further defined to mean in this Act
an area of undeveloped Federal land retaining its primeval character
and influence, without permanent improvements or human habitation,
which is protected and managed so as to preserve its natural conditions
and which (1) generally appears to have been affected primarily
by the forces of nature, with the imprint of mans work substantially
unnoticeable; (2) has outstanding opportunities for solitude or
a primitive and unconfined type of recreation; (3) has at least
five thousand acres of land or is of sufficient size as to make
practicable its preservation and use in an unimpaired condition;
and (4) may also contain ecological, geological, or other features
of scientific, educational, scenic, or historical value.
This sentence recognizes that areas designated as Wilderness may
have some limited signs of past human influence and uses, but nonetheless
the clear direction in the first sentence of Section 2(c) makes
it clear that, once designated, human influence will be restrained
so that the earth and its community of life will remain untrammeled
from that point forward, and signs of past human dominance will
fade over time.
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