Access to Wilderness Cultural Resources

The need to comply with requirements of the Wilderness Act and the Federal laws and regulations, Executive Orders, and policies relevant to cultural resources and the people who value them influences access to traditional or spiritual cultural places in wilderness contexts for traditional practices (including burial). Access to wilderness resources for scientific research, and education and outreach purposes also may be granted whenever activities are compatible with wilderness management goals.

Access to Traditional Cultural Places

Various legislation, including, but not limited to, the American Indian Religious Freedom Act, Alaska National Interest Lands Conservation Act (ANILCA), 36 CFR 2 - Gathering of Certain Plants or Plant Parts by Federally Recognized Indian Tribes for Traditional Purposes, specific enabling legislation and specific treaty rights afford particular contemporary use rights within parks (and wilderness areas) for particular traditionally associated peoples. Access to, and consumptive use of, natural resources by traditionally associated peoples is permitted within wilderness (NPS Management Policies 2006: 5.3.5.3.1 Resource Access and Use; and 6.3.12 American Indian Access and Associated Use).

Access to Cemeteries and Burials

Cemeteries or commemorative features, such as plaques or memorials, that have been included in wilderness may be retained (and access to these sites approved), but no new cemeteries or expansion or additions to existing cemeteries may be made unless specifically authorized by Federal statute, existing reservations, or retained rights (NPS Management Policies 2006:6.3.8). Families, tribes, or other traditionally associated peoples may continue to maintain their cemetery and/or individual burial plots. Families or groups may continue to bury descendants within the boundaries of an existing cemetery. Historic and prehistoric cemeteries and/or burial places will not knowingly be disturbed or archeologically investigated unless threatened with destruction (NPS Management Policies 2006:5.3.4). ) Scattering of ashes from cremation may be permitted by the park superintendent in accordance with 36 CFR 2.62 and applicable state laws (NPS Management Policies 2006: 8.6.10.3).

Parks with cemeteries or individual burial plots in wilderness may collaborate on maintenance and access plans or programmatic agreements. To satisfy NHPA Section 106 responsibilities, the maintenance and access plan can be incorporated in a Programmatic Agreement with the State Historic Preservation Office. A Minimum Requirement Analysis will be completed, reviewed, and signed prior to power tool use or use of vehicles to access the site. It is important to document the site and to record work that is done by the park, volunteers, family members, or groups to document ongoing use and access.

Native American human remains that were removed from wilderness areas and are subject to the NAGPRA repatriation may be reinterred at or near the site from which they were removed. American Indians are permitted access within wilderness for sacred or religious purposes consistent with the intent of the American Indian Religious Freedom Act, the Wilderness Act, and other applicable authorities provided by federal statues and executive orders (See also Executive Order 13007 (Indian Sacred Sites) (NPS Management Policies 2006:6.3.12).

Archeological and Other Cultural Resource Research in Wilderness Areas

The statutory purposes of wilderness include scientific activities and these activities are encouraged and permitted where consistent with the Service's responsibilities to preserve and manage wilderness (NPS Management Policies 6.3.6 (2006)).

Information about evaluating archeological proposals for research in wilderness areas is available in A Framework to Evaluate Proposals for Scientific Activities in Wilderness (USFS General Technical Report RMRS-GTR-234www). Evaluations should include minimum requirements analysis for both research and living arrangements. NPS guidance that does not, however, specifically address cultural resource research is Scientific Activities and Research in NPS Wilderness: Guidelines for Wilderness Managers.

Minimum Requirements Analysis

Minimum requirement analysis is a process to determine the appropriateness of actions affecting wilderness. The overriding consideration that governs any minimum requirements analysis is protection of wilderness values. The analysis assists in identifying projects that are not appropriate for wilderness, as well as the best way to carry out the projects that are appropriate. A minimum tool is the least intrusive instrument, equipment, device, force, regulation, or practice that, when used to perform a task or activity, will achieve the wilderness management goal (NPS Management Policies 2006: Glossary).

Minimum Requirements Analysis

When determining minimum requirements, the potential disruption of wilderness character and resources is considered before and given significantly more weight than economic efficiency and convenience.

NPS Management Policies 2006: 6.3.5

Minimum requirements analysis is required for a wide variety of activities carried out in wilderness, including actions that positively affect cultural resources, such as documentation, repair, and rehabilitation, as well as actions that negatively affect cultural resources. Minimum requirement analysis is required before conducting inventory and assessment of archeological resources as required by Section 110 of the National Historic Preservation Act (NHPA).

More information about Minimum Requirements Analysis is available in Chapter 4 of Keeping it Wild in the National Park Service (2014)).

The Arthur Carhart National Wilderness Training Center offers online training courses in writing and evaluating Minimum Requirement Analysis.

Wilderness Cultural Resources Education and Outreach

Education is among the most effective tools for protecting archeological and other cultural resources in wilderness and should generally be applied before more restrictive actions (NPS Management Policies 6.4.2 (2006)). Effective outreach can create a feeling of ownership, and promote stewardship. Outreach and education is considered heritage preservation.

Every wilderness should develop media to inform the public about the effects of looting and vandalism on archeological resources, the penalties that may be incurred, and the permanent loss of important resources. Media may include brochures, apps, kiosks, or presentations, to name a few ways that the wilderness manager may reach out to the public to protect cultural resources.