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The Court of Appeals affirmed in pertinent part.ġ.
Undisturbed nature free#
The court issued a permanent injunction that prohibited the Government from constructing the Chimney Rock section of the road or putting the timber-harvesting plan into effect, holding, inter alia, that such actions would violate respondent Indians' rights under the Free Exercise Clause of the First Amendment and would violate certain federal statutes. After exhausting administrative remedies, respondents-an Indian organization, individual Indians, nature organizations and members thereof, and the State of California-filed suit in Federal District Court challenging both the road-building and timber-harvesting decisions. At about the same time, the Service also adopted a management plan allowing for timber harvesting in the same area, but providing for protective zones around all the religious sites identified in the study. Rejecting the study's recommendation that the road not be completed through the Chimney Rock area because it would irreparably damage the sacred areas, and also rejecting alternative routes outside the National Forest, the Service selected a route through the Chimney Rock area that avoided archeological sites and was removed as far as possible from the sites used by the Indians for specific spiritual activities. This area, as reported in a study commissioned by the Service, has historically been used by certain American Indians for religious rituals that depend upon privacy, silence, and an undisturbed natural setting. Wilderness areas are protected for a broad range of biological, social, economic, spiritual and recreational benefits – they often also have powerful iconic value, holding great significance as spectacular, awe inspiring places.In 1982, the United States Forest Service prepared a final environmental impact statement for constructing a paved road through federal land, including the Chimney Rock area of the Six Rivers National Forest. Whether that relationship is characterized by recreational use or traditional, indigenous use does not matter, so long as the relationship is predicated on a fundamental respect for – and appreciation of – wild nature. The essence of a wilderness area is that it is a place where humans can maintain a relationship with wild nature. Nor must a wilderness area be free of human habitation: many indigenous populations live in wild areas around the world, often playing a key role in keeping wilderness intact and free of development. Rather, the key is that a wilderness area be mainly biologically intact: evidence of minor human impact, or indications of historical human activity does not disqualify an area from being considered wilderness. Very few places on earth are not in some way impacted by humans. A place that is le gally protected so that it remains wild, and free of industrial infrastructure, and open to traditional indigenous use, or low impact recreation.Ī wilderness area is not necessarily a place that is biologically “pristine”.A place that is mostly biologically intact and,.A wilderness area can have two dimensions: Broadly speaking, The WILD Foundation defines wilderness areas as: The most intact, undisturbed wild natural areas left on our planet – those last truly wild places that humans do not control and have not developed with roads, pipelines or other industrial infrastructure. Adding to the complexity is the fact that the term “wilderness” refers to a set of qualities, such as wildness, intactness, and remoteness, all of which are to some degree contextual and subject to interpretation.ĭespite its many subjective values, the word wilderness is not so elusive that it defies definition. Player, Forward, A Handbook on International Wilderness Law and Policyĭefining “wilderness” is sometimes challenging because the word has many different usages: it is sometimes used very loosely or metaphorically in casual conversation, and sometimes very precisely, for example as a biological descriptor, or as a protected area classification in land use statutes. In the end, dedicated, inspired people empowered by effective legislation will ensure that the spirit and services of wilderness will thrive and permeate our society, preserving a world that we are proud to hand over to those who come after us.