Under the Wilderness Act, after designation, the federal government cannot update preexisting volcanic monitoring equipment or place additional stations in the wilderness areas to detect seismic activity without finding an exception under the Act. These vital projects face many barriers under the Wilderness Act, including lengthy delays that put local communities and visitors at risk. Without adequate volcanic monitoring systems, scientists cannot accurately predict when a volcanic disaster may occur or provide adequate warnings to inform the public. These issues are of concern mostly in the Pacific Northwest because of the large number of active volcanoes that do not have adequate monitoring systems. A mechanism is needed to address these issues under the Wilderness Act so the risks of volcanic eruptions can be communicated and mitigated to avoid dire consequences.
Congress enacted the Wilderness Act of 1964 to establish a National Wilderness Preservation System to preserve public land as “wilderness areas” for the enjoyment of present and future generations. The “wilderness” designation applies to federal land that possesses primeval character and influence and is without permanent structures and improvements of human development. Four federal agencies implement the Wilderness Act: the U.S. National Park Service (“NPS”), the U.S. Forest Service (“USFS”), the U.S. Bureau of Land Management (“BLM”), and the U.S. Fish and Wildlife Service (“USFWS”). The intent of the Act is to preserve federal land in its natural condition: motorized vehicles, infrastructure, roads, and commercial enterprises are prohibited in designated wilderness areas, subject to certain exceptions.
Section 4(d) of the Act lists the following exceptions for activities and uses allowed in wilderness areas: prior existing use of motorized boats and aircraft; measures in place to control disease, fire, and insects; mineral prospecting if conducted in a way that preserves the area; water projects; continuing livestock grazing; and certain recreational activities. This list is not exhaustive, existing private rights are also exempt from the Wilderness Act, unless explicitly noted otherwise. Another important exception, “minimum requirements” in Section 4(c), states that a prohibited action is allowed if it is “necessary to meet minimum requirements for the administration of the area,” including measures required for emergencies involving public health and safety.
The minimum requirements exception allows for temporary roads, motorized vehicles, boats and equipment, aircraft landings, mechanical structures, and transportation if necessary for the administration of the wilderness area. The exception is difficult for federal agencies to apply because it requires subjective decision-making about what is "necessary" for administration. Federal agencies have construed “administration of the area” to mean that the proposed activity must further a "wilderness character" of the area, such as protecting resources or ensuring biodiversity, but this has not always been the case.
Many management decisions illustrate that the agencies apply this exception broadly and usually focus on how necessary the activity is and whether it will affect wilderness values. For example, in Denali National Park, NPS used helicopters to install a structure to upgrade the telecommunications network. The agency found that the project fell under the minimum requirements exception because it would help protect park resources, enhance the ability of the park to communicate in emergencies, and allow for efficient and effective administration of Denali. Similarly, the USFS found that using helicopters to monitor the population of reintroduced wolves in a wilderness area fell under the minimum requirements exception. The USFS reasoned that the use of the helicopters was allowed because the purpose was to ensure the long-term viability of the wolves and balance predators and prey, which enhances the wilderness character.
Volcano monitoring is important because it analyzes the short-term changes of currently active volcanoes to predict when a crisis may happen so relevant authorities can alert and prepare the public. Volcanic monitoring must be done before, during, and after volcanic eruptions for it to serve its intended function. Monitoring usually consists of one or more seismometers and other mechanical instruments, vehicles, or helicopters to install and maintain the equipment, and roads or other infrastructure to get to the equipment. The specific characteristics of a volcano determine the type of equipment used, the number of monitoring systems, and the monitoring method.