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Old 12-10-2007, 12:48 PM   #3 (permalink)
k9crazy
Land Use Mod
 
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Join Date: Jul 2006
Member Number: 3833
Location: Atlanta, GA
Posts: 645
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Re: Questions about "Land Use?" Let's see 'em

Damn good question. The whole idea behind “wilderness areas” is that they are remote, which means that they don’t want people there, or at least not the kind that get there via a motorized machine. These are “roadless areas” that do not allow any vehicles, including non-motorized bikes.

A "wilderness area" is defined in Section 36 of the Code of Federal Regulations (CFR) § 261.2 as:

"National Forest wilderness means those parts of the National Forest System which were designated units of the National Wilderness Preservation System by the Wilderness Act of September 3, 1964, and such other areas of the National Forest System as are added to the wilderness system by act of Congress."

In addition, 36 CFR § 261.18 states that:

The following are prohibited in a National Forest Wilderness:
(a) Possessing or using a motor vehicle, motorboat or motorized equipment except as authorized by Federal Law or regulation.
(b) Possessing or using a hang glider or bicycle.
(c) Landing of aircraft, or dropping or picking up of any material, supplies, or person by means of aircraft, including a helicopter.
[42 FR 2957, Jan. 14, 1977, as amended at 42 FR 35959, July 13, 1977; 50 FR 16231, Apr. 25, 1985. Redesignated at 70 FR 68291, Nov. 9, 2005]

In order for an area to become a Wilderness Area, which takes a designation from Congress, it is usually set up as a Recommended Wilderness Area or a Wilderness Study Area. Then it's monitored for a period of time, and then is submitted for approval by Congress (and that is a VERY brief summary!) For more info on the Wilderness Act, See U.S. Code Title 16, Chapter 23 at US CODE--TITLE 16--CONSERVATION or on Wiki at: Wilderness Act - Wikipedia, the free encyclopedia

As far as Recommend or Study Wilderness Areas, I don’t think that there is a specific prohibition set up in the CFR. However, the USFS (or which ever land management agency) can pass specific rules for specific areas if they go through their correct administrative process.

If you want to put some time into this, anyone can search the CFR here: Code of Federal Regulations: Main Page

I hope that helps! But as a disclaimer, in points of law, it's always best to consult a lawyer. Like I said, I am not the expert, but I can at least give you some ideas and resources on which to base opinions.
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Last edited by k9crazy : 12-10-2007 at 01:02 PM.
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