P.O. Box 9175, Missoula, MT 59807 • (P) 406.542.2048 •
[email protected] • www.wildernesswatch.org Board of Directors Historical Structures in Designated Wilderness: Howie Wolke President, MT A Review of Federal Case Law Gary Macfarlane by Wilderness Watch Vice-President, ID 2016 Jerome Walker Secretary/Treasurer, MT 1. Cumberland Island Van Tours. Marty Almquist, MT Janine Blaeloch, WA Legal Citation - Wilderness Watch v. Mainella, 375 F.3d 1085 (11th Cir. Talasi Brooks, ID 2004). Franz Camenzind, WY Background – The court blocked the National Park Service’s use of Fran Mauer, AK motor vehicle tours through the Cumberland Island Wilderness in Georgia as Cyndi Tuell, AZ Part of the agency’s administration of historic structures. The National Park Service claimed that its resPonsibilities for Preserving historic structures Senior Advisor under the National Historic Preservation Act (NHPA) and other directives Stewart M. Brandborg justified this use “because it has a separate duty to preserve the historical structures at the Settlement, [and] the ‘Preservation of historic structures in Executive Director George Nickas wilderness (or, as here, Potential wilderness) is in fact administration to further the PurPoses of the Wilderness Act.’” Advisory Council Magalen Bryant Key Findings Dr. Derek Craighead Dr. M. Rupert Cutler • “Historical” use as mentioned in the Wilderness Act refers to natural Dr. Roderick Nash features: “Given the consistent evocation of ‘untrammeled’ and ‘natural’ areas, the previous pairing of ‘historical’ with ‘ecological’ and ‘geological’ Minneapolis, MN Office features, and the exPlicit Prohibition on structures, the only reasonable 2833 43rd Avenue South reading of ‘historical use’ in the Wilderness Act refers to natural, rather than Minneapolis, MN 55406 (P) 612.201.9266 man-made, features.” • The use of motor vehicles for transPorting visitors through the Moscow, ID Office P.O.