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1.
What is Wilderness?
The Wilderness Act of 1964 defines wilderness as “an area where
the earth and its community of life are untrammeled by man, where
man himself is a visitor who does not remain.” The Act goes on to
describe wilderness as “an area of undeveloped federal land” which
“generally appears to have been affected primarily by the forces
of nature, with the imprint of man’s work substantially unnoticeable….”
Wilderness areas are designated by Congress.
The
Wilderness Act lays out the following criteria: (1) generally appears
to have been affected primarily by the forces of nature, with the
imprint of man's 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.
2. What activities are allowed in Wilderness areas? Hiking,
camping, hunting, fishing, picnicking, kayaking and canoeing, swimming,
backpacking, horseback riding, rafting, skiing, snow-shoeing, bird-watching,
and many other forms of recreation are allowed in wilderness areas.
Any form of non-mechanized use is generally permitted, and motorized
travel is allowed in cases of emergencies.
3. What activities aren’t allowed? The Wilderness Act protects
our wilderness areas from logging, road-building, and vehicle use,
including both motor vehicles (such as snowmobiles, off-road vehicles
and dirt bikes) and other mechanical vehicles.
4. Why are wilderness areas designated? The Wilderness Act
states that Wilderness areas are established, “to ensure that an
increasing population, accompanied by expanding settlement and growing
mechanization, does not occupy and modify all areas within the United
States and its possessions, leaving no lands designated for preservation
and protection in their natural condition.” Today, Wilderness is
designated for a variety of benefits including clear water and air,
refuge for rare plants and animals as well as primitive recreation.
5. How much of our nation’s land is federally protected as Wilderness?
Approximately 109 million acres of public lands are protected as wilderness by law today – just under 5 percent of our nation’s cherished landmass. Seven of every eight acres of qualifying public land administered on behalf of Americans by the U.S. Forest Service and Bureau of Land Management currently lacks legal protection as wilderness.
6. How much of New Mexico is protected as Wilderness? Approximately 1,651,056 acres of federal public lands in New Mexico are designated wilderness, that’s just a little over 2% of the total area of the state that has the permanent protection of wilderness. There is no designated Wilderness in Doña Ana County.
7. What are the current threats to the proposed wilderness areas
in Southern New Mexico? Increasing population numbers, paired
with the increasing popularity of off-highway vehicles (OHVs) as
a hobby is a growing threat to the preservation of Southern New
Mexico’s wild places. Erosion and noise are two major problems associated
with OHV use. It makes sense to protect special areas now, before
more damage occurs, rather than after the fact.
8. What is a Wilderness Study Area (WSA)? A Wilderness Study
Area (WSA) is an area of study that the BLM has inventoried and
found to have wilderness character as described in FLPMA and the
1964 Wilderness Act.
9. What is considered a road? The Federal Land Policy and
Management Act of 1976 defined a road as a route that is improved
and maintained to ensure continuous use.
10. Why are roads not allowed in wilderness? The Wilderness
Act prohibits use of motorized/mechanized equipment and general
access by motor vehicles and mechanical transport. However, the
law makes exceptions for situations such as search and rescue operations,
fire fighting to protect adjacent private lands, and insect and
disease control. Grazing permittees are allowed to use motorized
vehicles to rescue livestock, and the occasional use of motorized
equipment is allowed to fix fences and maintain springs and livestock
dams. Additionally, private inholders are guaranteed reasonable
access to their land
11. What kind of damage can Off-Road Vehicle use cause? ORV
use has risen dramatically in recent years, increasing the conflicts
between recreational demand and environmental protection. The effects
of ORVs on wildlife range from direct mortality to increased stress
on wildlife (including game species) to displacement from favored
habitat and habitat fragmentation. ORVs also damage native vegetation
and are a key cause of the spread of invasive plants in many areas.
Soils, especially in arid regions like southwestern New Mexico,
are often severely damaged by ORVs. Increased erosion, water pollution
and air pollution are among the negative impacts of ORVs.
12. Public lands are supposed to be managed for “multiple use”
and is wilderness a multiple use? Yes. Wilderness is a "multiple-use"
both in fact and in law. The "multiple-uses" of wilderness, according
to law, include: protection of watersheds; maintenance of soil and
water quality, ecological stability and plant and animal gene pools;
habitat for wildlife, including rare and endangered species; unsurpassed
opportunities for outdoor recreation including hunting, horseback
riding, fishing, hiking, and camping.
13. How is grazing impacted by wilderness designation? Domestic
livestock grazing, where established prior to wilderness designation,
is permitted in wilderness. Maintenance of fences, livestock dams
and springs is allowed, along with the occasional use of motorized
equipment in accordance with the 1990 Congressional Grazing Guidelines.
The Wilderness Act says that livestock grazing is permitted and
the Act has been further clarified by specific legislation that
states that livestock grazing should not be curtailed or eliminated
because an area has been designated as Wilderness (see page 18 and
19 in The Wilderness Act Handbook, Section 4(d)4(2) of the Wilderness
Act).
14. Can existing range management developments be maintained? Yes. The maintenance of supporting facilities, existing in
an area prior to its classification as wilderness, (including fences,
line cabins, water wells and lines, stock tanks, etc.), is permissible
in wilderness. (Congressional Grazing Guidelines, House Report 101-405).
15. And can ranchers use motor vehicles to rescue or remove sick
or dead cattle? Yes. The Congressional Grazing Guidelines states:
“The use of motorized equipment for emergency purposes such as rescuing
sick animals or the placement of feed in emergency situations is
also permissible.” (Congressional Grazing Guidelines, House Report
101-405)
16. What about private or state lands? Wilderness designation
applies only to federal lands – and property owners are guaranteed
access to their land. Studies have shown that property values go
up in areas that are near federally protected lands.
17. Will Wilderness affect the state’s ability to handle wildlife
management issues? Wilderness designation would not change management
jurisdictions, so NM Game and Fish would continue to manage wildlife
in designated wilderness. Management actions can take place but
they have to “enhance” wilderness or protect natural processes.
18. What about protection of homes near wilderness areas from
fire? Using whatever means necessary, the land managing agencies
may fight forest fires in wilderness. The Wilderness Act provides
that, “such measures may be taken as may be necessary in the control
of fire, insects, and diseases, subject to such conditions as the
Secretary [of Agriculture] deems desirable.”
19. If an area is already a Wilderness Study Area or Area of
Critical Environmental Concern (ACEC), why does it need to be Wilderness?
These are administrative designations that often change with a change
in agency staff or management direction. Additionally, with interim
designations it is often unclear what is and what is not allowed.
Designated wilderness makes it very clear what is or what is not
allowed within the area.
20. How is Wilderness different than a National Park or a National
Monument? Wilderness designation is the highest level of protection
that can be given to federal public land (land managed by the Park
Service, Forest Service, Fish and Wildlife Service or Bureau of
Land Management). Wilderness Areas may be designated within National
Parks and National Monuments (any many are) although the Park or
Monument itself is not a Wilderness in its entirety. Wilderness
areas are designated by Congress to be preserved in a primitive
condition. While parts of many National Parks or National Monuments
are also preserved in a highly natural condition, they often also
include developed, roaded areas within their boundaries - wilderness
areas do NOT. With few exceptions, grazing and hunting are not allowed
in National Parks, whereas they are allowed in wilderness areas.
21. What is a National Conservation Area? (and how is it different
than Wilderness) National Conservation Areas are created individually
by Congress and, unlike Wilderness Areas, do not have a uniform
definition or set of management guidelines. Each Wilderness Area
is part of the National Wilderness Preservation System which was
created and defined by the Wilderness Act. There is no similar overarching
“organic” legislation governing NCAs. The definition, purpose and
management regime for each NCA is determined by the individual legislation
that creates it and the subsequent management plan developed by
the managing federal agency.
22. What other southwestern cities have adjacent wilderness areas?
Examples are Albuquerque, Phoenix, Tucson, Las Vegas (has Wilderness
and 2 NCAs), and Reno.
23. How might wilderness affect the Border Patrol and their ability
to do their job? It won’t. Appropriate agency personnel may
enter a designated wilderness area for reasons of public safety
or national security (this includes motorized access by the Border
Patrol). Aircraft overflights, which the Border Patrol uses to survey
and monitor border traffic, would not be affected by wilderness
designation.
24. What about using motorized equipment for emergencies? While the Wilderness Act prohibits the general use of motorized
equipment or vehicles in wilderness, the law clearly allows land
managers to use motorized equipment in the case of emergencies such
as search and rescue and firefighting as well as for insect and
disease control. For example, helicopters may be used to evacuate
an injured person from a Wilderness area.
25. Will the BLM get more money to manage Wilderness? Wilderness
designation invariably brings more agency resources to the area.
A Wilderness designation also places an area within the prestigious
National Landscape Conservation System (NLCS), and is given funding
preference along with our nations other top natural treasures (www.blm.gov/nlcs/).
Such funding might be used for appropriate signage, educational
materials, ecological monitoring and/or additional law enforcement.
The Wilderness Act and subsequent agency guidelines give very clear
and consistent direction on how wilderness areas shall be managed.
26. Does wilderness designation discriminate against the disabled?
No. Those with disabilities may use wheelchairs within wilderness.
The Americans With Disabilities Act of 1990 reaffirmed that nothing
in the Wilderness Act should be construed as prohibiting the use
of a wheelchair a wilderness area by individuals whose disability
requires it. A report by the National Council on Disability found
that "[a] significant majority of persons with disabilities surveyed
very much enjoy the [National Wilderness Preservation System] and
76 percent do not believe that the restrictions on mechanized use
stated in the Wilderness Act diminish their ability to enjoy wilderness.
People with disabilities appear to visit the NWPS in the same ways
and for the same reasons that people without disabilities do."
For more information, contact: Nathan Small, New Mexico Wilderness
Alliance, 575-527-9962
Sources cited: www.blm.gov/nlcs/wilderness/faq.htm
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