Soil and Water Resources and the Wilderness Act
The Wilderness Act
The Wilderness Act (1964) is intertwined with other laws and agency policy. Soil and water resources and their importance to the landscape are implied in the Wilderness Act of 1964. Even though the resources are not mentioned specifically, they are part of the Wilderness Character. In addition, The Wilderness Act, 1964, (Section 2c) recognizes that natural conditions are not static. Natural events, for example avalanches, floods, or droughts, slumps and slides will influence the biophysical resources. The effects of natural events are not to be thought of in terms of good nor bad; they are events that shape the landscape, the flora and fauna, and the wilderness character ( the Wilderness Act).
In addition, The Wilderness Act, 1964, (Section 2a) states that wilderness is “… for the use and enjoyment of the American people …” with “…opportunities for solitude or primitive and unconfined types of recreation …” (Section 2c). The Act further recognizes that some human impacts are acceptable; that there can be no human use of an area without impact to the biophysical environment. Human impacts beyond the scope of natural events or that produce results outside the historic range of variability are considered unacceptable.
The Wilderness Act of 1964 also addresses water rights and uses as well as other special provisions. Water rights and uses are found in (Section 4d(4)(1): “Within wilderness areas in the national forests designated by this Act, (1) the President may, within a specific area and in accordance with such regulations as he may deem desirable, authorize prospecting for water resources, the establishment and maintenance of reservoirs, water-conservation works, power projects, transmission lines, and other facilities needed in the public interest, including the road construction and maintenance essential to development and use thereof, upon his determination that such use or uses in the specific area will better serve the interests of the United States and the people thereof than will its denial;…;” and Section 4d(7): “Nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws.”
An element of wilderness character
The enduring benefits of the wilderness resource include both social and biophysical resources; it’s Wilderness Character (Landres et al. 2008; Landres et al. 2005; Landres et al. in press). Wilderness character is described in general terms in Section 4b of the Wilderness Act as it requires agencies to “preserve the wilderness character of the area …”. As illustrated above in the introduction, the unique combination of physical and biological resources within a larger landscape creates each Wilderness areas unique wilderness character. Soil and water resources along with geology and climate provide the building blocks. Flora and fauna interact with these building blocks to create each unique wilderness area.
The four qualities of Wilderness Character are Untrammeled, Natural Quality, Undeveloped, and Outstanding Opportunities for Solitude and a Primitive and Unconfined type of Recreation (Landres et al. 2005). Of these, the untrammeled and natural qualities are closely linked and directly relevant to management of soil and water in wilderness.
The Untrammeled Quality of Wilderness Character is found in the Wilderness Act of 1964, Section 2c; “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 its community of life are untrammeled by man …”; “… an area of undeveloped Federal land retaining its primeval character and influence,…” and “… protected and managed so as to preserve its natural conditions …”. The word untrammeled places unique restrictions on wilderness managers, especially related to restoration of soil and water resources or manipulation of landscapes within wilderness. Examples of manipulations which degrade the untrammeled quality would include suppression of naturally ignited wildfire, construction of dams or water diversions, or planting trees that are genetically resistant to pathogens (Landres et al. 2008:4). Monitoring of the Untrammeled Quality is achieved by monitoring the actions taken to control the natural environment since the time of wilderness designation. The goal for managers is to not hinder or manipulate natural processes except when restoration actions are necessary to address the adverse effects of human activities.
The Natural Quality of Wilderness Character includes the physical and biological resources. Wilderness is recognized as “…an area where the earth and its community of life are untrammeled by man…”, an area “… retaining its primeval character and influence…” Wilderness Act (1964) Sections 2a and 2c, respectively. These statements have been interpreted to mean that physical and biological functions and processes are allowed to proceed without interference or the unintended effects of modern civilization or visitors (Landres et al. 2008:5). Natural conditions in wilderness are not static and are affected by modern civilization outside of wilderness and by land management decisions and visitor use inside wilderness. By recognizing and embracing that natural changes will occur, wilderness managers would not try to preserve soil and water conditions as they were at a point in time. Instead, management efforts are concentrated on preventing and mitigating the effects of modern civilization and visitor use.