Introduction

Although the purpose of the Wilderness Act is to ensure an enduring resource of wilderness through the preservation of wilderness character, during passage of the Wilderness Act some political compromises were made in terms of allowing some specific activities that are generally incompatible with wilderness. These compromises are listed in Section 4(d) of the Act under the heading of “Special Provisions.”

Although the Wilderness Act expressly prohibits commercial enterprise, roads, use of motor vehicles, motorboats, and structures and installations in wilderness (with some narrow exceptions), many of these activities may be allowed by specific entities under the special provisions section of the Act. By identifying this section of the Act as ‘special provisions’ the Act acknowledges that the provisions in this portion of the Act do not comply with the core concepts and stewardship principles described elsewhere in the Act.

Special provisions in the Act include provisions for the use of aircraft and motorboats in certain cases; the control of fire, insects, and disease; mineral exploration and mining; public water projects; livestock grazing; commercial services; and jurisdiction of the states with respect to management of fish and wildlife on national forest and BLM lands. A provision in the 1964 Wilderness Act that allowed continued timber cutting and motorboat use in the Boundary Waters Canoe Area Wilderness was repealed in 1978 with passage of new wilderness legislation that now guides stewardship direction for the Boundary Waters Canoe Area Wilderness.

The special provisions, or special exceptions, in the Wilderness Act are evidence that compromises to wilderness have already been made that apply throughout the NWPS. It is critically important that new wilderness bills not contain additional special exceptions that go beyond those already articulated in the Wilderness Act. The compromises to wilderness have already been made, back in 1964, and it is important to the quality of the NWPS that the meaning of wilderness is not watered down further by new and more expansive exceptions being added into new wilderness bills. It is critical that wilderness advocates adhere to the spirit and language of the Wilderness Act when drafting new wilderness bills to assure that we achieve an enduring resource of wilderness rather than a System that is eroding in quality at an increasing rate.