Legislative interpretation as a guiding tool for wilderness management

Abstract

The Wilderness Act of 1964, which established the National Wilderness Preservation System, contains both a clear definition of wilderness and multiple “nonconforming” exceptions to this definition. Managers are given discretion to manage these nonconforming uses but must do so within the framework of wilderness the Act sought to preserve. This paper presents a process for assessing congressional intent by closely examining both the legislative language and the legislative history. This process is based on the works of legal scholars, case law and judicial practice. The paper then demonstrates the application of this process to the management of airstrips and jetboat use in the Frank Church - River of No Return Wilderness.

Parent Publication

• Wilderness science in a time of change conference-Volume 5: Wilderness ecosystems, threats, and management; 1999 May 23-27; Missoula, MT

Citation

Meyer, Shannon S. 2000. Legislative interpretation as a guiding tool for wilderness management. In: Cole, David N.; McCool, Stephen F.; Borrie, William T.; O’Loughlin, Jennifer, comps. 2000. Wilderness science in a time of change conference-Volume 5: Wilderness ecosystems, threats, and management; 1999 May 23–27; Missoula, MT. Proceedings RMRS-P-15-VOL-5. Ogden, UT: U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station. p. 343-347