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Miscellaneous Special Provisions Toolbox

The Miscellaneous Special Provisions Toolbox is a 'work in progress' and represents only the information available. In addition to the resources provided here, you may also be able to obtain advice and recommendations through discussion on Wilderness Connect. Date of last update: 3/31/15.
  1. Introduction
    1. Overview
      This toolbox contains materials pertaining to the management of Miscellaneous Special Provisions as referenced in Sections 4(c), 4(d)(1), 4(d)(4)(1), and 4(d)(7) of the Wilderness Act of 1964. Expanding the outline of this Toolbox will give you an idea of the topics covered. It does NOT include rights-of-way associated with access to inholdings or mineral claims as described in Section (5). Those are covered in the INHOLDINGS AND RIGHTS OF WAY Toolbox. Other Special Provisions also can be found their own Toolboxes:
      • COMMERCIAL SERVICES (OUTFITTER AND GUIDE) Toolbox
      • FIRE MANAGEMENT Toolbox
      • FISH AND WILDLIFE RESOURCES Toolbox
      • GRAZING Toolbox
      • MINERALS Toolbox
      However, this Toolbox does contain two documents from the University of Colorado Natural Resources Law Center on a wide range of Special Provisions, including those that have their own Toolboxes. For these reference materials, see the last section of this Toolbox.

      NOTE: Though the Arthur Carhart National Wilderness Training Center has made every effort to provide materials that are legally accurate, the laws affecting many of these special provisions in wilderness and their implications for management are extremely difficult to understand clearly. And the law that designated your wilderness may very well contain additional language describing rights or other special provisions unique to your wilderness. It is critical that you contact your solicitor or general counsel if these are an issue in your wilderness.
    2. Basis in the Wilderness Act
    3. Relevant information from other laws
      1. Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended
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    4. Relevant Case Law
      1. Overview of pertinent cases
      2. IBLA 91-48 (Williams & Brown)
      3. High Sierra Hikers v. USFS (Emigrant Dams)
  2. Management Regulations, Policies, and Practices
    1. BLM
      1. Structures and installations
        1. BLM Manual 6340 1.6.B.2.i (Structures) and j (Installations)
        2. BLM Manual 6340 1.6.C.5.d Structures and Installations (Cultural Resources)
        3. BLM Manual 6340 1.6.C.8.d Grazing Facilities
      2. Water rights
        1. 43 CFR 6304.24
        2. BLM Manual 6340 1.6.C.16. Rights-of-Way
        3. BLM Manual 6340 1.6.C.8.d. Grazing Facilities
      3. Aircraft, airfields and landing strips
        1. 43 CFR 6304.21
        2. BLM Manual 6340 1.6.C.2. Aircraft
      4. Motorboats - BLM policy only addresses use of airplanes, since the use of motorboats is rare in BLM wilderness, but motorboat use would follow the same principles
      5. Insects and Disease
        1. BLM Manual 6340 1.6.A.2.c.ii
    2. FWS
      1. 610 FW – Special Provisions Policy
        Structures and Installations - 610 FW 2.5; Rights-of-Way – 610 FW 2.11; Aircraft, airfields , landing strips - 610 FW 2.8; Motorboats - 610 FW 2.7; Insects and Disease - 610 FW 2.19; Miscellaneous Special Provisions in Alaska - 610 FW 5
    3. FS
      1. Structures and installations
        1. Snow Measurement Sites - Policy 2323.44a
        2. Communication sites
          1. Policy 2320.3.10
          2. Policy 2324.33g and 34
        3. Water developments
          1. Policy 2323.41; .42; .43a, c, d; .44
      2. Aircraft and motorboats - Policy 2323.34b, 2323.04b; airfields, landing strips - Policy 2324.33d, e
      3. Insects and Disease - Policy 2324.1
    4. NPS
      1. 2006 NPS Management Policies
        Structures and Installations - NPS 2006 Mgmt. Policies Ch. 6.3.10; Rights of Way - NPS 2006 Mgmt. Policies Ch. 6.4.8; Aircraft and motorboats, airfields, landing strips - NPS 2006 Mgmt. Policies Ch. 6.4.3.3, 6.3.4.3, 6.3.10.1; Insects and Disease - NPS 2006 Mgmt. Policies Ch. 6.3.7
      2. General Guidelines
    5. Examples
      1. Border MOU - 2006 (Dept. of Homeland Security, USDA, USDI)
    6. Resources and References
      1. Wilderness Special Provisions Database
      2. Wilderness Stewardship Reference System (WSRS)
        1. Motorized Uses: Aircraft/helicopter
        2. Motorized Uses: Motorboats
        3. General Administration: Water Developments
        4. General Administration: Water Rights
        5. Natural Resource Stewardship: Weather Monitoring
        6. Public Values and Uses: Structure/installation - mgmt. facilities
      3. University of Colorado Special Use References (2004)
        1. Special Use Provisions in Wilderness Legislation
        2. Special Uses in Wilderness Areas: Management Survey
      4. Wilderness, Water, and Climate Change (PowerPoint by Randy Bramer, OGC) (26.9 MB)