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FOREST SERVICE MANUAL
ALASKA REGION (REGION 10)
JUNEAU, ALASKA
FSM 2300 – RECREATION, WILDERNESS
AND RELATED RESOURCE MANAGEMENT
CHAPTER 2320 – WILDERNESS MANAGEMENT
Supplement No.: R-10 2300-2003-2
Effective Date: September 17, 2003
Duration: This supplement is effective until superseded or removed.
Approved: /s/ Steven A. Brink (for)
DENNIS E. BSCHOR
Regional Forester
Date Approved: 09/11/2003
Posting Instructions: Supplements are numbered consecutively by title number and calendar
year. Post by document; remove the entire document and replace it with this supplement. Retain
this transmittal as the first page(s) of this document. The last supplement to this title was R-10
Supplement 2300-2003-1 to zero code chapter.
New Document
2320
25 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
2320.1-2323.26b (2300-99-2, 1/27/99)
2323.3-2328.04 (2300-99-3, 1/27/99)
10 Pages
15 Pages
Digest:
This is a technical supplement that converts the format and style of this supplement to the new
FSM template using the agency’s current corporate word processing software. Although some
minor typographical and technical errors have been corrected, this supplement contains no
changes to substantive direction.
Where chapters were previously organized into more than one document, they are now merged
into one chapter whenever possible.
R-10 SUPPLEMENT 2300-2003-2
EFFECTIVE DATE: 09/17/2003
DURATION: This supplement is effective until superseded or removed.
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FSM 2300 – RECREATION, WILDERNESS
AND RELATED RESOURCE MANAGEMENT
CHAPTER 2320 – WILDERNESS MANAGEMENT
2320.1 - Authority
Wilderness on the Tongass National Forest and the Nellie Juan-College Fiord Wilderness Study
Area on the Chugach National Forest was designated by Public Law 96-487, the Alaska National
Interest Lands Conservation Act (ANILCA) of December 2, 1980. Public Law 101-626, the
Tongass Timber Reform Act of November 28, 1990, amended Section 703 of ANILCA to
designate additional areas as wilderness on the Tongass National Forest.
2320.2 - Objectives
Manage designated wilderness and the wilderness study area to meet the spirit and intent of the
1964 Wilderness Act, while recognizing and allowing for specific exceptions authorized in
ANILCA.
2320.3 - Policy
Except as otherwise expressly provided for in ANILCA, wilderness shall be administered in
accordance with applicable provisions of the Wilderness Act (ANILCA, Section 707). Hence,
the provisions of both Acts must be considered together, and the direction in FSM 2320 will
apply, except as modified in this supplement.
The wildernesses designated by Section 202 of the Tongass Timber Reform Act shall be
managed under the same standards as other wildernesses previously established on the Tongass
National Forest.
Subject to valid existing rights, the wilderness study area shall, until Congress determines
otherwise, be administered to maintain presently existing character and potential for inclusion
into the National Wilderness Preservation System. Management of the study area will follow the
same direction provided for wildernesses established by ANILCA, to the extent consistent with
law.
The principle of nondegradation of conditions existing on the date the area was established will
guide the management of designated wilderness and the Nellie Juan-College Fiord Wilderness
Study Area, to the extent consistent with ANILCA. ANILCA makes many exceptions to the
Wilderness Act in order to minimize impacts on existing uses and in recognition of the unique
conditions in Alaska.
R-10 SUPPLEMENT 2300-2003-2
EFFECTIVE DATE: 09/17/2003
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2320 – WILDERNESS MANAGEMENT
2320.5 - Definitions
20. Conservation System Unit. Any unit in Alaska of the National Park System,
National Wildlife Refuge System, National Wild and Scenic Rivers Systems, National Trails
System, National Wilderness Preservation System, or a National Forest Monument (Section
102(4) of ANILCA).
21. Public Lands. Lands situated in Alaska which, after December 2, 1980, are Federal
lands, except:
a. Land selections by the State of Alaska which have been tentatively approved or
validly selected under the Alaska Statehood Act and lands which have been
confirmed to, validly selected by, or granted to the Territory of Alaska or the State
under any other provision of Federal law.
b. Land selections of a Native Corporation made under the Alaska Native Claims
Settlement Act (ANCSA), which have not been conveyed to a Native Corporation,
unless any such selection is determined to be invalid or is relinquished.
c. Lands referred to in Section 19(b) of the ANCSA.
22. Aircraft. A weight-carrying machine or structure for flight in or navigation of the
air, that is designed to be supported by the air either by the buoyancy of the structure or by the
dynamic action of the air against its surfaces. Included in the term are airplanes, balloons,
helicopters, kites, kite balloons, orthopters, and gliders.
23. Airplane. A fixed-wing aircraft heavier than air that is driven by a screw propeller or
by a high-velocity jet and supported by the dynamic reaction of the air against its wings.
24. Helicopter. An aircraft whose support in the air is derived chiefly from the
aerodynamic forces acting on one or more rotors turning about substantially vertical axis.
25. Motorboat. A watercraft propelled by a propeller or jet unit below the waterline.
This does not include airboats or hovercraft.
26. Snowmachine. A self-propelled vehicle intended for travel primarily on snow,
having a curb weight of not more than 1,000 pounds, driven by a track or tracks in contact with
the snow, and steered by a ski or skis in contact with the snow.
27. Temporary Facility. Any structure or other man-made improvement that can be
readily and completely dismantled and removed from the site when the authorized use
terminates.
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28. Temporary Use. Seasonal or short-term uses that are less than 1 year in duration.
29. Tree Use. The harvesting and use of trees for subsistence, administrative use, and
other purposes provided by ANILCA.
30. Beach Logs. Harvested logs that have been lost in transit and have washed up on the
beach.
31. Fish and Wildlife. Any member of the animal kingdom, including without limitation
any mammal, fish, bird, amphibian, reptile, mollusk, crustacean, arthropod, or other invertebrate,
and includes any part, product, egg, or offspring thereof, or the dead body or part thereof.
(Section 102(17) of ANILCA.)
32. Take or Taking. As used with respect to fish or wildlife, this means to pursue, hunt,
shoot, trap, net, capture, collect, kill, harm, or attempt to engage in any such conduct (Section
102(18) of ANILCA).
33. Visitor Services. Any service made available for a fee or charge to persons who visit
a conservation system unit, including such services as providing food, accommodations,
transportation, tours, and guides, excepting the guiding of sport hunting and fishing (Section
1307(c) of ANILCA).
34. Immediate Family Member. For purposes of special use permits issued under the
authority of Section 1303(c)(3) of ANILCA, "immediate family" is defined as claimant's spouse,
grandparent, parent, brother, sister, child, or adopted child of a claimant, or adopted child of the
claimant's spouse living as of December 2, 1980.
2321 - ESTABLISHMENT OR MODIFICATION
2321.1 - Legal Description and Map
ANILCA section 103 provides specific direction on boundary mapping and boundary
modification for wilderness in Alaska. Maintain a copy of the official boundary descriptions and
maps at the Ranger District office responsible for the wilderness. See R-10 supplement to FSM
7151 for boundary survey and posting requirements.
2322 - WILDERNESS PLANNING
2322.02 - Objectives
1. The Forest Plan will specify provisions for integrating authorized uses and
management activities within wildernesses in a manner that avoids degradation of, or
unacceptable change in, existing wilderness resource conditions.
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2. The Forest Plan prescriptions will describe the management emphases, standards, and
guidelines for the wilderness resource, including permitted and prohibited activities and
exceptions to the prohibitions of the Wilderness Act allowed by ANILCA.
2322.03 - Policy
1.
a. Wilderness management prescriptions will include specific direction statements
and associated standards and guidelines. As a minimum, the following resource uses
and management activities will be addressed through the Forest Plan and
subsequently developed Wilderness Implementation Schedules:
(1) Motorized access and mechanized equipment use related to public recreation use,
subsistence activities, equipment use related to the taking of fish and wildlife,
administrative needs (including maintenance of public use cabins), and activities
allowed by ANILCA.
Note: through an environmental analysis and completion of an environmental impact
statement (EIS) the Regional Forester decided not to allow for the use of helicopters
by individuals or helicopter companies for access in wilderness on November 25,
1997. The Final EIS, Record of Decision, and Volume 2 of the draft EIS (which
specifically identifies the helicopter landing areas evaluated in the EIS) should be
kept as a part of the files for designated wildernesses.
(2) Recreation use.
(3) Wildlife and fisheries habitat management.
(4) Cultural Resources including inventory, evaluation, protection of sites and areas,
treatment, and appropriate interpretation.
(5) Administrative facilities.
(6) Beach log salvage along wilderness shorelines.
(7) Subsistence use and activities within the wilderness.
(8) Access to non-Federal land inholdings within wilderness.
(9) Land uses including structures and activities allowed by ANILCA.
(10) Temporary facilities related to the taking of fish and wildlife. Identify the
locations and levels of existing use of temporary facilities, provide standards and
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guidelines for the administration of them, and address the authorization or denial of
new temporary facilities.
(11) Scientific/geological/ecological study activities and uses.
(12) Minerals exploration and management of valid claims.
(13) Fire protection and use of prescribed fire to accomplish wilderness management
objectives.
(14) Insect and disease management.
(15) Visual resource management.
(16) Recreation facilities.
(17) Commercial visitor services within wilderness. Include an inventory of preANILCA visitor services that qualify under the "grandfather" provisions of Section
1307 of ANILCA. The allocation of new outfitting and guiding permits shall be
addressed.
(18) Recreation places. Inventory popular beaches, lakes, recreational boat
anchorages, and other special recreation places.
(19) Trails.
(20) Wilderness boundary survey and marking.
2.
d. Maps associated with the development of the Forest Plan will identify the range of
primitive recreation opportunities and degrees of solitude that can be provided
through the application of the ROS system. All areas of the wilderness will be
managed under specific ROS classes to reflect the capability of the wilderness
resource to provide a mix of primitive recreation activities and experience
opportunities that is appropriate with the intent of Section 2(c) of the Wilderness Act
and applicable ANILCA provisions.
e. Identify needed research, administrative studies, and new technology needed to
resolve management concerns, provide better information for management decisions,
and enhance service to visitors.
Research and administrative studies should be initiated to help determine levels of
acceptable conditions and use for all resources. Program and schedule research and
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studies on a priority basis, with the highest priority given to activities and specific
sites or areas where the risk of degradation of the wilderness resources is greatest.
3.
e. Those wilderness plans that have been approved prior to the revision of the
Tongass Forest Plan will be incorporated into development of the Wilderness
Implementation Schedules.
2322.1 - Wilderness Implementation Schedules
Each wilderness will require a Wilderness Implementation Schedule (WIS) tiered to the revised
Tongass Forest Plan. WIS's for immediately adjacent wildernesses should be developed
simultaneously for greater efficiency and to ensure coordinated management of contiguous areas
created by the Tongass Timber Reform Act. The WIS document for adjacent areas may be
combined under a single title, such as "Wilderness Implementation Schedule for Tebenkof Bay
and South Kuiu Wildernesses."
Implementation schedules for wilderness management activities should be designed to conform
with the prescriptions and the standards and guidelines of the Forest Plan.
The purpose of a WIS is to provide wilderness managers with a document which contains all the
relevant information about how a given wilderness is to be managed under the umbrella of the
Forest Plan standards and guidelines. The WIS shall contain relevant information from the
revised TLMP Analysis of the Management Situation; wilderness or monument wilderness
prescriptions and applicable standards and guidelines; monitoring plan requirements; and a
schedule of activities to implement the plan. As appropriate, it will contain the rationale that
supports proposed actions in the schedule of activities. Management direction for specific
wildernesses that is fully consistent with the prescriptions and the standards and guidelines in the
revised TLMP should be included. The WIS is a dynamic document that can be amended to
keep it current. The key element of the WIS is the schedule of activities which are considered
necessary for the management of the wilderness during the next 5 to 10 years.
The WIS is an operational document. The development of a WIS does not require preparation of
any NEPA disclosure or decision documents. However, the WIS schedule of activities may
contain action items that will require NEPA analysis prior to implementation.
If not completed sooner, the following topics must be analyzed concurrent with the development
of the WIS:
1. Inappropriate locations for temporary facilities for the taking of fish and game;
2. Organization, budget and personnel requirements (organization; funds needed; FTE's);
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DURATION: This supplement is effective until superseded or removed.
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3. Monitoring requirements, priorities and schedule.
The following operational topics should be considered concurrently with the WIS development,
or identified in the schedule of activities for later consideration:
Sub-management zones (optional; as needed)
Resource inventories
Public use cabins
Trails (construction, rehabilitation, and maintenance)
Signing
Existing special use cabins
Identify limits of acceptable change indicators
Existing condition inventories
Schedule to establish LAC standards
Subsistence areas and subsistence user motorized access
Specific closures or restrictions on access (optional)
Inholdings; access and acquisition
Boundary surveys and posting
Administrative use of motorized/mechanized equipment
Administrative facilities (i.e., structures and communications)
ANILCA Section 1310 Facilities
Trespass
Mining claims
Research, studies and surveys
Interpretation and wilderness ethics education
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EFFECTIVE DATE: 09/17/2003
DURATION: This supplement is effective until superseded or removed.
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Forest Service patrols
Law enforcement
Future projects identified in the Schedule of Activities for each wilderness will be prioritized and
aggregated by Forests/Areas under the wilderness management activity code as part of program
planning for outyears. Execution year budgets for wilderness management will be disaggregated
according to stated Regional and Forest priorities.
2323 - MANAGEMENT OF OTHER RESOURCES IN WILDERNESS
2323.04 - Responsibilities
2323.04c - Regional Forester
The Regional Forester is responsible for approving:
13. Permanent facilities needed in connection with fisheries research, management, or
enhancement/rehabilitation projects allowed by Section 1315(b) of ANILCA.
14. Any actions, which would limit or eliminate existing uses, which were established
prior to December 2, 1980, which may be allowed by ANILCA.
15. All new permanent facilities authorized under ANILCA.
16. Tree use as allowed by ANILCA that involves the use of mechanical transport or
motorized equipment within wilderness.
2323.04d - Forest Supervisor
The Forest Supervisor is responsible for approving:
9. Temporary facilities needed in connection with fisheries research, management, or
enhancement/rehabilitation projects.
10. Subsistence tree use if done by nonmotorized/nonmechanized means.
11. Beach log salvage when accomplished without the use of onshore motorized
equipment.
12. Temporary facilities related to taking of fish and wildlife.
R-10 SUPPLEMENT 2300-2003-2
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DURATION: This supplement is effective until superseded or removed.
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2323.13 - IMPROVEMENTS AND NONCONFORMING FACILITIES AND ACTIVITIES
2323.13b - Shelters
1. Existing Cabins. Existing (as of December 2, 1980) public use cabins and shelters
may remain and may be maintained or replaced as provided by Section 1315(c) of ANILCA.
2. New Cabins. Section 1315(d) of ANILCA provides that a limited number of new
public use cabins and shelters may be built and maintained in wilderness where necessary for
public health and safety. All such structures shall be built of materials, which blend and are
compatible with the immediate and surrounding wilderness landscape.
New or replacement cabins or shelters will use design drawings approved for wilderness use.
Appurtenant structures to the cabins will be limited to an outhouse and a woodshed at each cabin
or shelter. New locations must be based on public health and safety analysis. The analysis shall
include an evaluation of at least the following factors: accessibility; natural hazards including
weather, bears, and dangerous tide and current situations; history of fatalities and life-threatening
incidents in the area; and natural attractions that draw people to the particular area of the
wilderness. Decisions to remove existing cabins or shelters or to build new ones will be made
through the NEPA process.
Section 1315(d) of ANILCA requires that the Secretary of Agriculture inform the House
Committee on Interior and Insular Affairs, and the Senate Committee on Energy and Natural
Resources of the intent to remove an existing, or to construct a new public use cabin or shelter.
Forest Supervisors shall request approval of new construction or the removal of any public use
cabins or shelters at least 18 months in advance of the proposed action. The request shall be
accompanied by supporting NEPA documentation and a health and safety analysis sufficient for
the Regional Forester to make a decision. The 18 month notice of a proposed action will allow
the agency to meet the Congressional notification requirement as stated in ANILCA Section
1315(d).
2323.13g - Outfitter and Guide Operations
Section 1307 of ANILCA provides the following direction for people providing visitor services,
including nonhunting and nonfishing guides and outfitters.
Any persons who were engaged in adequately providing any type of visitor service within any
wilderness, on or before January 1, 1979, shall be permitted to continue to provide such type of
service and similar types of visitor services within that wilderness, if such services are consistent
with the purposes for which the wilderness was established.
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EFFECTIVE DATE: 09/17/2003
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 2320 – WILDERNESS MANAGEMENT
In selecting persons to provide new visitor services except guiding of hunting and fishing,
preference shall be given to: (1) the Native Corporation which the Regional Forester determines
is most directly affected by the establishment of the subject wilderness, and (2) persons who are
determined as local residents as defined by regulation. The two categories listed above are equal
in status.
Guiding of sport hunting and fishing may be allowed and managed as described in the parent
FSM/FSH. Outfitter and guiding activities involved in the taking of fish and wildlife are allowed
certain temporary facilities under Section 1316 of ANILCA as outlined in FSM 2324.35.
2323.14 - VISITOR MANAGEMENT
Implement "No Trace Woodsmanship" and "pack-it-in/pack-it-out” programs for all wilderness
visitors.
2323.3 - Management of Wildlife and Fish
2323.35 - Wildlife and Fish Habitat
2323.32 - Policy
6. The taking of fish and wildlife shall be conducted in accordance with the provisions of
ANILCA, Section 1314, and other applicable State and Federal laws.
2323.35b - Manipulation of Fish Habitat
Section 1315(b) of ANILCA recognizes a goal of restoring and maintaining fish production in
the State of Alaska to optimum sustained-yield levels and in a manner which adequately assures
protection, preservation, enhancement, and rehabilitation of the wilderness resource. To meet
this goal, fisheries research, management, enhancement, and rehabilitation activities may be
permitted within National Forest wilderness and wilderness study areas. Examples of
improvements which may be permitted include, but are not limited to, fishways, weirs, ladders,
hatcheries, spawning channels, stream clearance, fish stocking, and egg planting. Any
improvement authorized shall be constructed, operated, and maintained in a manner that
minimizes adverse impacts on the wilderness resource. Facilities shall be constructed in such a
rustic manner as to blend into the natural character of the area and be limited to those essential to
these operations. Reasonable access, including the temporary use of motorized equipment, shall
be permitted for research, rehabilitation, and enhancement activities subject to reasonable
regulation to maintain the wilderness character, water quality, and fish and wildlife values of the
area.
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In exercising the discretionary authority, it is necessary to determine the need for aquaculture
projects within wilderness to restore and maintain fish production to optimum sustained-yield
levels. For this purpose, optimum sustained-yield levels will be considered synonymous with the
long-term harvest goals documented in the State of Alaska Comprehensive Salmon Plans and
other State fisheries plans. The need for a wilderness aquaculture project must be determined on
a broad basis that includes the potential of private, State, and Federal nonwilderness projects in
meeting that production level. In this analysis, alternate project opportunities should be drawn
from a corresponding geographic planning area larger than that immediately adjacent to the
wilderness project being considered. These planning areas correspond to the areas designated in
2323.35b Exhibit 01 and Exhibit 02. Expansion of the analyses beyond the area boundary can be
justified and documented through the NEPA process.
2323.35b EXHIBIT 01 AND EXHIBIT 02 ARE SEPARATE DOCUMENTS.
The need determination will include a clearly documented analysis of all other potential projects
located on nonwilderness lands whether, state, private, or Federal within the appropriate
planning area. These projects should provide at least equal benefits to the fisheries as those
projected for the wilderness project. Only those wilderness projects that cannot be fulfilled
through alternate means will be considered for further planning and approval.
2323.5 - Management of Forest Cover
2323.53 - Tree Use
The following types of uses may be authorized if done in a manner that minimizes impacts on
the wilderness.
1. Salvage of beach logs as provided by Section 1315(f) of ANILCA. This includes only
the recovery of those logs that were harvested and then were lost in transport. Downed trees
resulting from natural forces, such as blow down, and stream bank or shore erosion shall not be
sold or removed under this authority. Removal will normally be accomplished by the use of
"pull boats" (boats that pull logs off the beach by long cable usually at high tides) without use of
other mechanical devices on the beach.
2. Salvage of actual and potential channel-obstructing logs and downed trees is permitted
only on the Stikine River. This is by the successful bidder of the Army Corps of Engineers'
contract administered by the Forest Service.
3. Sale, removal, or use of timber cut as part of some authorized use within the
wilderness; for example, clearing for a fish ladder.
4. Removal of forest cover for subsistence uses if the individual does not have a suitable
source equally accessible outside of wilderness.
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2323.7 - Management of Minerals and Mineral Materials
2323.71 - Authority
ANILCA requires a mineral assessment and has special provisions for access for the assessment
and for access to valid existing claims.
2323.74 - Gathering Mineral Information
Section 1010 of ANILCA directs the Secretary of the Interior to assess the oil, gas, and other
mineral potential on all public lands in the State of Alaska. Core and test drilling for geologic
information, but excluding exploratory oil or gas test wells, may be authorized within
wildernesses. Air access shall be permitted for assessment activities allowed by ANILCA.
2323.75 - Valid Existing Rights
2323.75a - Mining Claim
The use of motorized equipment may be authorized where no other practical alternative exists.
Operating plans will be reviewed by the Forest Supervisor and reasonable requirements
developed to protect the wilderness resource. These requirements may include such things as
establishing seasons of operation or locating equipment and access routes to minimize conflict
with opportunities for solitude or primitive and unconfined recreation. Section 1110(b) of
ANILCA provides a right of adequate and feasible access to valid mining claim occupants.
(Also see FSM 2326.13 for further direction on access.)
Sections 503 and 504 of ANILCA provide specific direction for the management of mineral
resources in Misty Fiords National Monument Wilderness and in Kootznoowoo Wilderness in
Admiralty Island National Monument.
2324 - MANAGEMENT OF SUPPORT ACTIVITIES IN WILDERNESS
2324.3 - Management of Structures and Improvements
2324.34 - Other Agency Structures
1. Transportation and Utility Systems. Because Alaska's transportation and utility
network is largely undeveloped, ANILCA provides a special procedure for considering such
systems within wildernesses. Included are systems for the transportation of water, oil, gas, other
petroleum products, slurry, solid materials, electric energy, and communications, as well as
roads, highways, airports, railroads, tunnels, tramways, airports, landing strips, docks, and other
systems of general transportation. Systems established for the management of the wilderness or
valid existing rights are excluded from this procedure (ANILCA Section 1102(4)(A)).
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Title XI of ANILCA establishes special application and reporting requirements, including time
limits for reporting. The agency makes recommendations for either approval or disapproval to
the President, based on findings that: (1) such a system would be compatible with the purposes
for which the unit was established; and (2) there is no economically feasible and prudent
alternative route for the system. There is no definition in ANILCA of "compatible" as used here;
good judgment will be needed in considering any applications. The Forest Service, other Federal
agencies, and the State, would review any proposal on a system basis and not merely the segment
that crosses a wilderness.
The President may deny the application or recommend approval to Congress. The application is
not approved unless Congress passes a joint resolution (ANILCA Section 1106(b)). Section
1107 of ANILCA requires that any right-of-way issued shall include, but not be limited to, the
following conditions:
a. Requirements to ensure that, to the maximum extent feasible, the right-of-way is
used in a manner compatible with the purposes for which the affected wilderness was
established or is managed.
b. Requirements for restoration, revegetation, and curtailment of erosion of the
surface of the land.
c. Requirements to ensure that activities in connection with the right-of-way will not
violate applicable air and water quality standards and related facility siting standards
established pursuant to law.
d. Requirements, including the minimum necessary width, designed to control or
prevent:
(1) Damage to the environment (including damage to fish and wildlife habitat);
(2) Damage to public or private property; and
(3) Hazards to public health and safety.
e. Requirements to protect the interests of individuals living in the general area of the
right-of-way who rely on the fish, wildlife, and biotic resources of the area for
subsistence purposes.
f. Requirements to employ measures to avoid or minimize adverse environmental,
social, or economic impacts.
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2. Navigation Aids, Communication Sites, and Facilities for National Defense Purposes,
Weather, Climate, and Fisheries Research and Monitoring. Section 1310 of ANILCA provides
that reasonable access to, operation, and maintenance of existing air and water navigation aids,
communication sites, and related facilities, as well as existing facilities for national defense
purposes, weather, climate, and fisheries research and monitoring shall be permitted. New
facilities for air and water navigation aids, national defense purposes, weather, climate, and
fisheries research and monitoring shall be permitted, but only: (1) after consultation between the
head of the Federal agency undertaking the establishment, operation, or maintenance, and the
Regional Forester; and, (2) in accordance with such terms and conditions as may be mutually
agreed in order to minimize the adverse effects of such activities on the wilderness. An
environmental analysis will be conducted to provide a basis for determining the necessary terms
and conditions.
Mechanical transport and motorized equipment may be authorized where no other practical
alternative exists. Forest Supervisors will consult with the permit holders to develop an
Operating Plan documenting procedures which will minimize impacts on the wilderness without
unreasonably limiting the access, operation, and maintenance of permitted facilities.
2324.35 - Structures and Improvements Needed for Special-Use Permit
Operations
1. Special-Use Cabins and Related Structures.
a. Construction of New Cabins. The Regional Forester may issue nontransferable, 5year, special-use permits for new cabins in accordance with Section 1303(b)(1) of
ANILCA. Such permits shall only be issued upon a determination that the proposed
use, construction, and maintenance of the cabin is compatible with the purpose for
which the wilderness was established. The proposed cabin must be either directly
related to the administration of the wilderness or be necessary to provide for the
continuation of an on-going activity or use otherwise allowed within the wilderness
where the applicant has no reasonable alternative site for constructing a cabin. No
permit shall be issued for the construction of a private recreation cabin. The United
States shall retain ownership of all new cabins and related structures. No permit shall
be issued unless the applicant:
(1) Submits a sketch or photograph of the proposed cabin and map showing its
geographic location;
(2) Agrees to vacate the cabin or structure and remove, within a reasonable time
period established by the Forest Service, all personal property from it upon
nonrenewable or revocation of the permit; and,
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(3) Acknowledges in the permit application that the applicant had no interest in the
real property on which the cabin or structure will be constructed, and that any cabin
or related structure constructed under the special-use permit shall be the property of
the United States.
The special-use permit shall contain the following provision:
"Chainsaws, generators, or other motorized equipment shall not be used on the permit
area unless specifically approved by the Regional Forester."
b. Cabins and Related Structures Which Are In Place on December 2, 1980, for
Which a Valid Permit Did Not Exist
(1) Section 1303(b)(2) of ANILCA provides that a nontransferable, renewable, 5year, special-use permit may be issued by the Regional Forester for traditional and
customary uses of cabins which were in place on December 2, 1980, as long as such
uses are compatible with the purposes for which the wilderness was established. No
permit shall be issued for private recreational use. These permits shall be renewed
until the death of the last immediate family member (see FSM 2320.5 of this
supplement) of the original permittee dwelling in the cabin as of December 2, 1980,
unless terminated in accordance with the terms and conditions of the permit or
revoked by the Regional Forester. The Regional Forester may revoke such permits if,
after notice and hearing, it is found that the use under the permit is causing, or may
cause, significant harm to the principal purposes for which the wilderness was
established. To qualify for a permit the applicant must:
(a) Demonstrate, by affidavit, bill of sale, or other documentation, proof of possessory
interests or rights of occupancy in the cabin;
(b) Submit a list of all immediate family members; such a list will be updated upon
change;
(c) Submit a sketch or photograph of the cabin or structure and a map showing its
geographic location;
(d) Agree to vacate the cabin or structure and remove, within a reasonable time period
established by the Forest Service, all personal property from it, upon nonrenewal or
revocation of the permit; and,
(e) Acknowledge in the permit application that the applicant had no interest in the real
property on which the cabin or structure is located.
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(2) The owner shall remove cabins that cannot qualify for special-use permit unless
accepted as a donation to the United States. Those that remain will be posted as
property of the United States. Cabins which are the property of the United States and
which may be useful for emergency shelter may be retained. See R-10 Supplement to
FSM 2716.4 for management of such improvements. These structures may be
designated by the Forest Supervisor as a public use cabin, or signed for use as
emergency public shelter. In either case, they may be used for official Government
business.
c. Existing Valid Special-Use Permits for Cabins, Homesites, or Similar Structures.
ANILCA does not preclude the continuation or renewal of such permits in effect on
December 2, 1980. These permits shall be renewed unless the Regional Forester
finds, following notice to the permittee and after the permittee has had a reasonable
opportunity to respond, that the permit constitutes a direct threat or a significant
impairment to the purpose for which the wilderness was established (ANILCA,
Section 1303(d) and Section 101(b)).
Permits in effect on December 2, 1980, will be considered for renewal in accordance
with provisions of the existing permit and reasonable regulations that may be
prescribed.
The improvements authorized by these permits may be maintained, rehabilitated,
modified, replaced, or removed, but not enlarged. All modifications and replacement
plans will require materials which blend and are compatible with the immediate and
surrounding wilderness landscape. In the case of conflicts, which could lead to
termination of the permit, the permit holder will be offered reasonable opportunity to
correct the conflict.
The special-use permit may be transferred at the election or death of the original
permittee. The original permittee is the one of record on December 2, 1980. This is a
transfer of the permit in effect on December 2, 1980; not the issuance of a new
special-use permit. The transfer may be accomplished following the normal
procedures except that the special-use permit will be amended to change the name of
the permittee instead of issuing a new permit. The amendment will also contain the
following tenure clause:
(1) This permit is nontransferable, and a new permit will not be issued to any
subsequent owner of the improvements or to any person holding any interest in the
improvements.
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(2) If the present permit holder herein named ceases to have personal need for, or to
make personal use of, the site for the purpose for which the permit is issued, this
permit will terminate and the structures on the area shall be disposed of as provided in
the conditions of the permit.
(3) No additional improvements shall be constructed without prior written approval of
the Forest Service.
2. Permitted Resorts. The following resorts were under permit prior to the establishment
of wildernesses. They will be administered in accordance with ANILCA provisions as follows:
a. Thayer Lake Lodge. Section 503(j) of ANILCA provides that the special-use
permit for Thayer Lake Lodge shall be renewed as necessary for the longest of either:
(1) 15 years after December 2, 1980; or (2) the lifetime of the permittee, as
designated in such permit as of January 1, 1979, or the surviving spouse or child of
such permittee, whoever lives longer, so long as the management of the lodge
remains consistent with the purposes of the Admiralty Island National Monument.
On January 1, 1979, the permittee was Robert E. Nelson; spouse Edith H. Nelson, and
the only child is Erik Nelson.
b. Humpback Lake Chalet. The resort special-use permit in existence on December 2,
1980, authorized one rental cabin and appurtenant structures on Humpback Lake
within Misty Fiords National Monument Wilderness. The continuation of this use is
authorized by ANILCA, Section 1307(a).
The existing improvements may be maintained, rehabilitated, modified, replaced, or
removed, but not enlarged. New cabin construction will not be allowed. Approval of
exterior color schemes, materials, and designs shall use criteria that keep the
improvements unobtrusive and compatible with the surroundings.
The special-use permit may be revised as appropriate, but the permit holder must
remain Sportsman Paradise Tours, the permit holder on December 2, 1980. The use
shall continue to be permitted so long as it remains a public recreation rental cabin,
provides adequate public service, does not significantly threaten any resource, and
other terms and conditions of the permit are met.
3. Temporary Facilities Directly and Necessarily Related to Taking of Fish and Wildlife.
On all public lands where the taking of fish and wildlife is permitted, Section 1316 of ANILCA
allows for the continuance of existing uses and for the future establishment and use of temporary
campsites, tent platforms, shelters, and other temporary facilities and equipment directly and
necessarily related to such activities. This is subject to reasonable regulation to ensure
compatibility with wilderness resources.
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Once the determination is made that the proposed or existing use falls within this authority, the
permitting process and management will be the same as specified under R-10 Supplement to
FSH 2709.11, chapter 40, section 41.14A, except as modified herein. This also applies to
outfitter/guide activities associated with the taking of fish and wildlife.
In addition, the following direction applies in wilderness:
a. Equipment authorized by ANILCA, Section 1316 shall include only temporary
equipment directly and necessarily related to the taking of fish and wildlife, but shall
not include motorized forms of transportation other than snowmachines, motorboats,
or airplanes. (See FSM 2326.1.)
b. The specific location of temporary facilities within a wilderness shall be regulated
by the authorized line officer to assure compatibility with wilderness nonphysical
resource values, to prevent physical resource damage, and to minimize conflicts with
other users. As a guideline, tent platforms, outhouses, or other constructed facilities
should not normally be located within approximately one-half mile of popular
beaches, lakes, recreational boat anchorages, or other special recreation places
identified in the Forest Plan.
c. Conditions of permit:
(1) The time of occupancy will be limited to coincide with the hunting or fishing
season for the species for which the temporary facility is being used.
(2) At the end of the specified occupancy, tents will be taken down and tent platforms
laid flat. The toilet holes will be filled in and unnecessary equipment removed from
the site.
(3) Temporary structures will be built with materials that blend with and are
compatible with the surrounding landscape.
(4) Temporary facilities will be screened from the water, and located so that they are
unobtrusive as seen from trails and areas of public use.
d. Temporary facilities will only be authorized when the following conditions
indicating that the proposed facilities are directly and necessarily related to the taking
of fish and wildlife are met:
(1) The facilities are needed as a practical necessity to conduct legal hunting and
fishing activities; and,
(2) The applicant has no practical alternative location outside of wilderness.
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e. The Forest Supervisor may determine, after adequate notice, that the establishment
and use of new facilities or equipment would constitute a significant expansion of
existing facilities or uses which would be detrimental to the purposes for which the
wilderness was established, including its wilderness character. Upon such
determination, the Forest Supervisor may deny the use or establishment of new
facilities and equipment in accordance with Section 1316(b) of ANILCA (also see
FSM 2322.03 of this supplement).
2326 - USE OF MOTORIZED EQUIPMENT OR MECHANICAL TRANSPORT IN
WILDERNESS
Section 1110 of ANILCA provides a specific exception to the 1964 Wilderness Act's prohibition
on mechanized transport by allowing the use of snowmachines, motorboats, airplanes, and
nonmotorized surface transportation methods for traditional activities and for travel to and from
villages and homesites. Other sections, including 811, 1010, 1310, 1315, and 1316, allow for the
use of certain motorized equipment or mechanized transport for specific activities.
2326.04 - Responsibility
2326.04b - Regional Forester
The Regional Forester is responsible for approving:
1.
a. Transport and supply by helicopter or motorized mechanical surface transport
(other than motorboats and snowmobiles) to meet the minimum needs for the
protection and administration of the area as wilderness in accordance with the parent
text, except as delegated to the Forest Supervisor in FSM 2326.04c of this
supplement.
b. The use of helicopter landing areas by the public, where such use was established
on a more or less regular basis prior to designation of the area as wilderness. (Note:
on November 25, 1997, the Regional Forester signed a Record of Decision for an
environmental impact statement where it was decided not to allow for the use of
helicopters by individuals or helicopter companies for access in wilderness on the
Tongass National Forest.)
c. Access to surrounded State and private lands and valid occupancies.
2. Hand-portable motorized equipment to meet the needs for protection and
administration of the area as wilderness in accordance with the parent text, except as specifically
delegated to the Forest Supervisors in FSM 2326.04c of this supplement.
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5. The use of motorized equipment/mechanical transport to implement the provisions of
ANILCA, except as specifically delegated to the Forest Supervisors in FSM 2326.04c of this
supplement.
2326.04c - Forest Supervisor
The Forest Supervisor is responsible for approving:
1. Use of motorized equipment and mechanical transport in emergencies where the
situation involves an inescapable urgency and temporary need for speed in accordance with the
direction in the parent text.
2. Use of motorized equipment and mechanical transport for exploration and
development of valid existing mineral rights.
3. Helicopter access and the use of motorized equipment for minerals assessments in
accordance with Section 1010 of ANILCA.
4. Helicopter access and the use of motorized equipment for the operation and
maintenance of existing navigation aids, communication sites, and other existing facilities
authorized by Section 1310 of ANILCA.
5. The use of chainsaws by rural residents for subsistence fuel wood and house log
gathering. (See FSM 2328.1.)
6. The administrative use of chainsaws to cut firewood at public use cabins during
periods of low public use.
7. The use of motorized hand equipment, such as chainsaws, directly and necessarily
related to the taking of fish and wildlife. (See FSM 2326.1 of this supplement.)
8. The temporary use of motorized equipment related to fisheries research, management
and enhancement projects within the delegated responsibility of the Forest Supervisors (see FSM
2323.35b of this supplement).
2326.1 - Conditions Under Which Use May Be Approved
6. Public Use. Section 1110 of ANILCA provides that the Forest Service shall permit
the use of snowmachines (during periods of adequate snow cover), motorboats, airplanes, and
nonmotorized surface transportation methods for traditional activities and for travel to and from
villages and homesites.
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Traditional activities include, but are not limited to, recreation activities such as fishing, hunting,
boating, sightseeing, and hiking. Such uses are subject to reasonable regulation to protect natural
and other values of wilderness from damage. Traditional activities, which are legal, shall be
allowed to continue in wildernesses where such use has occurred, and no proof of pre-existing
use will be required in order to use a snowmachine, motorboat, or airplane. No permits will be
required by the general public to use these specific types of motorized transport or nonmotorized
surface transportation methods for traditional activities that are otherwise allowed in areas not
specifically closed to their use. ANILCA provides that such access shall not be prohibited
unless, after notice and holding a hearing in the area, there is a finding that such use would be
detrimental to the resource values of the wilderness. Closure of broad areas or entire
wildernesses is not contemplated. However, restrictions or closures of specific areas within a
wilderness may be made by the Regional Forester if, after public notice and a hearing, it is found
that such use would be detrimental to resource values (Section 1110(a) of ANILCA).
Fixed-wing airplanes will be allowed to land on all suitable lakes, beaches, and ice fields without
permits unless the activity requires a permit for another reason (for example, outfitter/guides) or
the area is specifically closed.
Helicopter landing for other than authorized administrative use, emergency use, or other
authorized uses specifically allowed by the Wilderness Act or ANILCA is prohibited. (Section
707 of ANILCA and Section 4(c) of the Wilderness Act.)
Equipment use authorized by Section 1316 of ANILCA shall include all equipment directly and
necessarily related as a practical necessity to the taking of fish and wildlife but shall not include
motorized forms of transportation other than snowmachines, motorboats, or airplanes. Use of
such equipment is subject to reasonable regulations. The use of motorized equipment such as
chainsaws for such activities shall be by permit.
Other motorized/mechanical equipment will not be allowed unless authorized by a special-use
permit prior to passage of ANILCA or under other sections of this policy or specifically provided
for in the Forest plan.
This section does not include subsistence use. See FSM 2328 for subsistence uses.
7. Administration Use. (Applies to Forest Service and other governmental agencies.)
The Forest Service will set an example by minimizing the impacts of its own activities on
wilderness and the experience values of visitors.
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The administrative use of motorized equipment will be limited to the following:
a. Access
(1) Airplanes, motorboats, and snowmachines as described for public use.
(2) Helicopter access as provided in Sections 1010(a) and 1310 of ANILCA, and
Section 4(c) of the Wilderness Act.
b. Mechanical Equipment
(1) The use of chainsaws and power winches is allowed for clearing of navigational
hazards within semi-primitive motorized areas and specifically for maintaining
navigation along the Stikine River.
(2) Section 1315(b) of ANILCA provides for reasonable access, including the
temporary use of motorized equipment for fisheries research, management,
rehabilitation, and enhancement activities. The need for, and approval of, such
equipment will be covered in the project EA/Decision Notice.
(3) All other activities must be completed using primitive
nonmotorized/nonmechanized methods unless authorized in accordance with the
parent text or specifically allowed by ANILCA or otherwise provided for in an
approved Forest plan.
2326.13 - Access to Surrounded State and Private Land, Valid Mining Claims, or
Other Valid Occupancies
1. Surrounded State and Private Land.
a. Adequate and feasible access for economic or other purposes is given to owners of
land, including subsurface rights, valid mining claims, or other valid occupancies,
which are within or effectively surrounded by a wilderness area (ANILCA, Section
1111(b) and Section 1323). The access rights are subject to reasonable regulation to
protect the natural and other values of wilderness on such lands. The routes of access
to inholdings should be practical in an economic sense, but not necessarily the most
economically feasible alternative. The land manager is expected to work with the
inholder to come to a reasonable solution that will assure adequate and feasible access
while minimizing impacts on natural and other values for which the wilderness was
established.
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b. Temporary access shall be permitted to State or private lands for the purposes of
survey, geophysical, exploratory, or other temporary uses when it is determined that
such access will not result in permanent harm to the resources or lands. This
authorizes only temporary, short-term access requiring no permanent facilities. This
is an additional authority to the permanent access rights discussed above (ANILCA,
Section 1111).
2. Valid Mining Claims or Other Valid Occupancies. Provisions of paragraphs a. and b.
above also apply to valid mining claims or other valid occupancies (ANILCA, Section 1110(b)).
2328 - MANAGEMENT OF CERTAIN WILDERNESS AREAS
1. Subsistence Uses. Subsistence use in Alaska is the customary and traditional use by
rural Alaska residents of wild, renewable resources for direct personal or family consumption as
food, shelter, fuel, clothing, tools, or transportation; for the making and selling of handicraft
articles out of nonedible by-products of fish and wildlife resources taken for personal or family
consumption; for barter, or sharing for personal or family consumption; and for customary trade
(Section 803 of ANILCA). The following policies (See FSH 2609.25 R-10 12/85) apply to all
National Forest System lands, including wilderness:
a. Consistent with sound management principles, the utilization of the public lands is
to cause the least adverse impact possible upon rural residents who depend upon
subsistence uses of the resources of such lands. (Section 802(1) of ANILCA.)
b. The nonwasteful subsistence uses of fish, wildlife, and other renewable resources
(for example, berries, timber, and grasses) shall be the first priority consumptive use
of such resources on the public lands when it is necessary to restrict taking in order to
assure viability of a fish or wildlife population or the continuation of subsistence uses
of such population. (Section 802(2) of ANILCA.)
c. Federal rulemaking authority (Federal Subsistence Board), in conjunction with the
recommendations of Federal regional councils, will determine which stocks of fish in
non-navigable waters and populations of game have been culturally and traditionally
used by rural residents and are, therefore, available for subsistence use.
d. No withdrawal, reservation, lease, permit, or other use, occupancy or disposition
of public lands, which would significantly restrict subsistence uses, shall be effected
until the Federal agency head:
(1) Conducts an evaluation of the proposed action on subsistence uses and issues a
finding on whether there may be a significant restriction;
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(2) Gives notice to the Federal Subsistence Board and the appropriate Federal
regional council, and holds a hearing in the vicinity of the area involved if there may
be a significant restriction; and,
(3) Determines that such a significant restriction of subsistence uses is necessary,
consistent with sound management principles for the utilization of the public lands;
the proposed activity will involve the minimal amount of public lands necessary to
accomplish the purposes of such use, occupancy, or other disposition; and that
reasonable steps will be taken to minimize adverse impacts upon subsistence uses and
resources resulting from such actions. (Section 810 of ANILCA.)
e. Rural residents engaged in subsistence uses shall have reasonable access to
subsistence resources. Appropriate use of snowmachines, motorboats, and other
means of surface transportation traditionally employed for such purposes by local
residents shall be permitted for subsistence purposes, subject to reasonable regulation
to protect other resource values.
(Section 811 of ANILCA.)
f. The use of other mechanical/motorized equipment such as chainsaws is not
allowed within wilderness unless necessary for the utilization of subsistence
resources. Permits will be required for this use.