16 USC 1131 Wilderness Act

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WILDERNESS ACT
[Public Law 88–577; Approved September 3, 1964; 16 U.S.C. 1131
through 1136]
[As Amended Through Public Law 113–287, Enacted December 19,
2014]
øCurrency: This publication is a compilation of the text of Public Law 88–577. It
was last amended by the public law listed in the As Amended Through note above
and below at the bottom of each page of the pdf version and reflects current law
through the date of the enactment of the public law listed at https://
www.govinfo.gov/app/collection/comps/¿
øNote: While this publication does not represent an official version of any Federal
statute, substantial efforts have been made to ensure the accuracy of its contents.
The official version of Federal law is found in the United States Statutes at Large
and in the United States Code. The legal effect to be given to the Statutes at
Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿
AN ACT To establish a National Wilderness Preservation System for the permanent
good of the whole people, and for other purposes.

Be it enacted by the Senate and the House of Representatives
of the United States of America in Congress assembled,
SHORT TITLE

SECTION 1. ø16 U.S.C. 1131 note¿ This Act may be cited as the
‘‘Wilderness Act’’. 1
WILDERNESS SYSTEM ESTABLISHED STATEMENT OF POLICY

SEC. 2. ø16 U.S.C. 1131¿ (a) In order to assure that an increasing population, accompanied by expanding settlement and growing
mechanization, does not occupy and modify all areas within the
United States and its possessions, leaving no lands designated for
preservation and protection in their natural condition, it is hereby
declared to be the policy of the Congress to secure for the American
people of present and future generations the benefits of an enduring resource of wilderness. For this purpose there is hereby established a National Wilderness Preservation System to be composed
of federally owned areas designated by Congress as ‘‘wilderness
areas’’, and these shall be administered for the use and enjoyment
of the American people in such manner as will leave them
unimpaired for future use and enjoyment as wilderness, and so as
to provide for the protection of these areas, the preservation of
their wilderness character, and for the gathering and dissemination
of information regarding their use and enjoyment as wilderness;
1 For

a complete list of wilderness areas designated by law, see 16 U.S.C. 1132 note.

1
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and no Federal lands shall be designated as ‘‘wilderness areas’’ except as provided for in this Act or by a subsequent Act.
(b) The inclusion of an area in the National Wilderness Preservation System notwithstanding, the area shall continue to be managed by the Department and agency having jurisdiction thereover
immediately before its inclusion in the National Wilderness Preservation System unless otherwise provided by Act of Congress. No
appropriation shall be available for the payment of expenses or salaries for the administration of the National Wilderness Preservation System as a separate unit nor shall any appropriations be
available for additional personnel stated as being required solely
for the purpose of managing or administering areas solely because
they are included within the National Wilderness Preservation System.
DEFINITION OF WILDERNESS

(c) A wilderness, in contrast with those areas where man and
his own works dominate the landscape, is hereby recognized as an
area where the earth and its community of life are untrammeled
by man, where man himself is a visitor who does not remain. An
area of wilderness is further defined to mean in this Act an area
of undeveloped Federal land retaining its primeval character and
influence, without permanent improvements or human habitation,
which is protected and managed so as to preserve its natural conditions and which (1) generally appears to have been affected primarily by the forces of nature, with the imprint of man’s work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) has at
least five thousand acres of land or is of sufficient size as to make
practicable its preservation and use in an unimpaired condition;
and (4) may also contain ecological, geological, or other features of
scientific, educational, scenic, or historical value.
NATIONAL WILDERNESS PRESERVATION SYSTEM—EXTENT OF SYSTEM

SEC. 3. ø16 U.S.C. 1132¿ (a) All areas within the national forests classified at least 30 days before the effective date of this Act
by the Secretary of Agriculture or the Chief of Forest Service as
‘‘wilderness’’, ‘‘wild’’, or ‘‘canoe’’ are hereby designated as wilderness
areas. The Secretary of Agriculture shall—
(1) Within one year after the effective date of this Act, file
a map and legal description of each wilderness area with the
Interior and Insular Affairs Committees of the United States
Senate and the House of Representatives, and such descriptions shall have the same force and effect as if included in this
Act: Provided, however, That correction of clerical and typographical errors in such legal descriptions and maps may be
made.
(2) Maintain, available to the public, records pertaining to
said wilderness areas, including maps and legal descriptions,
copies of regulations governing them, copies of public notices
of, and reports submitted to Congress regarding pending additions, eliminations, or modifications. Maps, legal descriptions,
and regulations pertaining to wilderness areas within their reSeptember 19, 2019

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Sec. 3

spective jurisdictions also shall be available to the public in the
offices of regional foresters, national forest supervisors, and
forest rangers.
(b) The Secretary of Agriculture shall, within ten years after
the enactment of this Act, review, as to its suitability or nonsuitability for preservation as wilderness, each area in the national forests classified on the effective date of this Act by the Secretary of
Agriculture or the Chief of the Forest Service as ‘‘primitive’’ and report his findings to the President. The President shall advise the
United States Senate and House of Representatives of his recommendations with respect to the designation as ‘‘wilderness’’ or
other reclassification of each area on which review has been completed, together with maps and a definition of boundaries. Such advice shall be given with respect to not less than one-third of all the
areas now classified as ‘‘primitive’’ within three years after the enactment of this Act, not less than two-thirds within seven years
after the enactment of this Act, and the remaining areas within ten
years after the enactment of this Act. Each recommendation of the
President for designation as ‘‘wilderness’’ shall become effective
only if so provided by an Act of Congress. Areas classified as
‘‘primitive’’ on the effective date of this Act shall continue to be administered under the rules and regulations affecting such areas on
the effective date of this Act until Congress has determined otherwise. Any such areas may be increased in size by the President at
the time he submits his recommendations to the Congress by not
more than five thousand acres with no more than one thousand
two hundred and eighty acres of such increase in any one compact
unit; if it is proposed to increase the size of any such area by more
than five thousand acres or by more than one thousand two hundred and eighty acres in any one compact unit the increase in size
shall not become effective until acted upon by Congress. Nothing
herein contained shall limit the President in proposing, as part of
his recommendations to Congress, the alteration of existing boundaries of primitive areas of recommending the addition of any contiguous area of national forest lands predominantly of wilderness
value. Notwithstanding any other provisions of this Act, the Secretary of Agriculture may complete his review and delete such area
as may be necessary, but not to exceed seven thousand acres, from
the southern tip of the Gore Range-Eagles Nest Primitive Area,
Colorado, if the Secretary determines that such action is in the
public interest.
(c) Within ten years after the effective date of this Act the Secretary of the Interior shall review every roadless area of five thousand contiguous acres or more in the national parks, monuments
and other units of the national park system and every such area
of, and every roadless island within, the national wildlife refuges
and game ranges, under his jurisdiction on the effective date of this
Act and shall report to the President his recommendation as to the
suitability or nonsuitability of each such area or island for preservation as wilderness. The President shall advise the President of
the Senate and the Speaker of the House of Representatives of his
recommendation with respect to the designation as wilderness of
each such area or island on which review has been completed, together with a map thereof and a definition of its boundaries. Such
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advice shall be given with respect to not less than one-third of the
areas and islands to be reviewed under this subsection within three
years after enactment of this Act, not less than two-thirds within
seven years of enactment of this Act, and the remainder within ten
years of enactment of this Act. A recommendation of the President
for designation as wilderness shall become effective only if so provided by an Act of Congress. Nothing contained herein shall, by implication or otherwise, be construed to lessen the present statutory
authority of the Secretary of the Interior with respect to the maintenance of roadless areas within units of the national park system.
(d)(1) The Secretary of Agriculture and the Secretary of the Interior shall, prior to submitting any recommendations to the President with respect to the suitability of any area for preservation as
wilderness—
(A) give such public notice of the proposed action as they
deem appropriate, including publication in the Federal Register and in a newspaper having general circulation in the area
or areas in the vicinity of the affected land;
(B) hold a public hearing or hearings at a location or locations convenient to the area affected. The hearings shall be announced through such means as the respective Secretaries involved deem appropriate, including notices in the Federal Register and in newspapers of general circulation in the area: Provided, That if the lands involved are located in more than one
State, at least one hearing shall be held in each State in which
a portion of the land lies; 2
(C) at least thirty days before the date of a hearing advise
the Governor of each State and the governing board of each
county, or in Alaska the borough, in which the lands are located, and Federal departments and agencies concerned, and
invite such officials and Federal agencies to submit their views
on the proposed action at the hearing or by no later than thirty
days following the date of the hearing.
(2) Any views submitted to the appropriate Secretary under
the provisions of (1) 3 of this subsection with respect to any area
shall be included with any recommendations to the President and
to Congress with respect to such area.
(e) Any modification or adjustment of boundaries of any wilderness area shall be recommended by the appropriate Secretary after
public notice of such proposal and public hearing or hearings as
provided in subsection (d) of this section. The proposed modification
or adjustment shall then be recommended with map and description thereof to the President. The President shall advise the United
States Senate and the House of Representatives of his recommendations with respect to such modification or adjustment and
such recommendations shall become effective only in the same
manner as provided for in subsections (b) and (c) of this section.

2 Subsection

(d)(1)(B) probably should end with ‘‘; and’’.
subsection (d)(2), the reference to ‘‘the provisions of (1) of this subsection’’ apparently refer
to ‘‘paragraph (1) of this subsection’’.
3 In

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Sec. 4

USE OF WILDERNESS AREAS

SEC. 4. ø16 U.S.C. 1133¿ (a) The purposes of this Act are hereby declared to be within and supplemental to the purposes for
which national forest and units of the national park and national
wildlife refuge systems are established and administered and—
(1) Nothing in this Act shall be deemed to be in interference with the purpose for which national forests are established as set forth in the Act of June 4, 1897 (30 Stat. 11), and
the Multiple-Use Sustained-Yield Act of June 12, 1960 (74
Stat. 215).
(2) Nothing in this Act shall modify the restrictions and
provisions of the Shipstead-Nolan Act (Public Law 539, Seventy-first Congress, July 10, 1930; 46 Stat. 1020), the ThyeBlatnik Act (Public Law 733, Eightieth Congress, June 22,
1948; 62 Stat. 568), and the Humphrey-Thye-Blatnik-Andresen
Act (Public Law 607, Eighty-fourth Congress, June 22, 1956;
70 Stat. 326), as applying to the Superior National Forest or
the regulations of the Secretary of Agriculture.
(3) Nothing in this Act shall modify the statutory authority
under which units of the national park system are created.
Further, the designation of any area of any park, monument,
or other unit of the national park system as a wilderness area
pursuant to this Act shall in no manner lower the standards
evolved for the use and preservation of such park, monument,
or other unit of the national park system in accordance with
section 100101(b)(1), chapter 1003, and sections 100751(a),
100752, 100753, and 102101 of title 54, United States Code,
the statutory authority under which the area was created, or
any other Act of Congress which might pertain to or affect
such area, including, but not limited to, section 3(2) of the Federal Power Act (16 U.S.C. 796(2)); and chapters 3201 and 3203
of title 54, United States Code.
(b) Except as otherwise provided in this Act, each agency administering any area designated as wilderness shall be responsible
for preserving the wilderness character of the area and shall so administer such area for such other purposes for which it may have
been established as also to preserve its wilderness character. Except as otherwise provided in this Act, wilderness areas shall be
devoted to the public purposes of recreational, scenic, scientific,
educational, conservation, and historical use.
PROHIBITION OF CERTAIN USES

(c) Except as specifically provided for in this Act, and subject
to existing private rights, there shall be no commercial enterprise
and no permanent road within any wilderness area designated by
this Act and, except as necessary to meet minimum requirements
for the administration of the area for the purpose of this Act (including measures required in emergencies involving the health and
safety of persons within the area), there shall be no temporary
road, no use of motor vehicles, motorized equipment or motorboats,
no landing of aircraft, no other form of mechanical transport, and
no structure or installation within any such area.
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Sec. 4

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SPECIAL PROVISIONS

(d) The following special provisions are hereby made:
(1) Within wilderness areas designated by this Act the use of
aircraft or motorboats, where these uses have already become established, may be permitted to continue subject to such restrictions
as the Secretary of Agriculture deems desirable. In addition, such
measures may be taken as may be necessary in the control of fire,
insects, and diseases, subject to such conditions as the Secretary
deems desirable.
(2) Nothing in this Act shall prevent within national forest wilderness areas any activity, including prospecting, for the purpose
of gathering information about mineral or other resources, if such
activity is carried on in a manner compatible with the preservation
of the wilderness environment. Furthermore, in accordance with
such program as the Secretary of the Interior shall develop and
conduct in consultation with the Secretary of Agriculture, such
areas shall be surveyed on a planned, recurring basis consistent
with the concept of wilderness preservation by the Geological Survey 4 and the Bureau of Mines 5 to determine the mineral values,
if any, that may be present; and the results of such surveys shall
be made available to the public and submitted to the President and
Congress.
(3) Notwithstanding any other provisions of this Act, until midnight December 31, 1983, the United States mining laws and all
laws pertaining to mineral leasing shall, to the same extent as applicable prior to the effective date of this Act, extend to those national forest lands designated by this Act as ‘‘wilderness areas’’;
subject, however, to such reasonable regulations governing ingress
and egress as may be prescribed by the Secretary of Agriculture
consistent with the use of the land for mineral location and development and exploration, drilling, and production, and use of land
for transmission lines, waterlines, telephone lines, or facilities necessary in exploring, drilling, producing, mining, and processing operations, including where essential the use of mechanized ground
or air equipment and restoration as near as practicable of the surface of the land disturbed in performing prospecting, location, and,
in oil and gas leasing, discovery work, exploration, drilling and production, as soon as they have served their purpose. Mining locations lying within the boundaries of said wilderness areas shall be
held and used solely for mining or processing operations and uses
reasonably incident thereto; and hereafter, subject to valid existing
rights, all patents issued under the mining laws of the United
States affecting national forest lands designated by this Act as wilderness areas shall convey title to the mineral deposits within the
claim, together with the right to cut and use so much of the mature
timber therefrom as may be needed in the extraction, removal, and
beneficiation of the mineral deposits, if needed timber is not otherwise reasonably available, and if the timber is cut under sound
4 With regard to subsection (d)(2), title I of Public Law 102–154, 105 Stat. 1000, provides that
the Geological Survey (43 U.S.C. 31(a)) shall hereafter be designated the United States Geological Survey.
5 With regard to subsection (d)(2), section 10(b) of the National Geologic Mapping Act of 1992
(Public Law 102–285; 106 Stat. 172), provides the Bureau of Mines shall hereafter be known
as the United States Bureau of Mines.

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principles of forest management as defined by the national forest
rules and regulations, but each such patent shall reserve to the
United States all title in or to the surface of the lands and products
thereof, and no use of the surface of the claim or the resources
therefrom not reasonably required for carrying on mining or
prospecting shall be allowed except as otherwise expressly provided
in this Act: Provided, That, unless hereafter specifically authorized,
no patent within wilderness areas designated by this Act shall
issue after December 31, 1983, except for the valid claims existing
on or before December 31, 1983. Mining claims located after the effective date of this Act within the boundaries of wilderness areas
designated by this Act shall create no rights in excess of those
rights which may be patented under the provisions of this subsection. Mineral leases, permits, and licenses covering lands within
national forest wilderness areas designated by this Act shall contain such reasonable stipulations as may be prescribed by the Secretary of Agriculture for the protection of the wilderness character
of the land consistent with the use of the land for the purposes for
which they are leased, permitted, or licensed. Subject to valid
rights then existing, effective January 1, 1984, the minerals in
lands designated by this Act as wilderness areas are withdrawn
from all forms of appropriation under the mining laws and from
disposition under all laws pertaining to mineral leasing and all
amendments thereto.
(4) Within wilderness areas in the national forest designated
by this Act, (1) the President may, within a specific area and in accordance with such regulations as he may deem desirable, authorize prospecting for water resources, the establishment and maintenance of reservoirs, water-conservation works, power projects,
transmission lines, and other facilities needed in the public interest, including the road construction and maintenance essential to
development and use thereof, upon his determination that such use
or uses in the specific area will better serve the interest of the
United States and the people thereof than will its denial; and (2)
the grazing 6 of livestock, where established prior to the effective
date of this Act, shall be permitted to continue subject to such reasonable regulations as are deemed necessary by the Secretary of
Agriculture.
(5) Commercial services may be performed within the wilderness areas designated by this Act to the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the areas.
(6) Nothing in this Act shall constitute an express or implied
claim or denial on the part of the Federal Government as to exemption from State water laws.
(7) Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the several States with respect to wildlife and fish in the national forests.
6 With regard to the grazing of livestock referred to in subsection (d)(4), section 108 of title
I of Public Law 96–560 (94 Stat. 3271; 16 U.S.C. 1133 note) provides as follows: ‘‘The Congress
hereby declares that, without amending the Wilderness Act of 1964, with respect to livestock
grazing in National Forest wilderness areas, the provisions of the Wilderness Act relating to
grazing shall be interpreted and administered in accordance with the guidelines contained under
the heading ‘Grazing in National Forest Wilderness’ in the House Committee Report (H. Report
96–617) accompanying this Act øPublic Law 96–560¿.’’.

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Sec. 5

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STATE AND PRIVATE LANDS WITHIN WILDERNESS AREAS

SEC. 5. ø16 U.S.C. 1134¿ (a) In any case where State-owned or
privately owned land is completely surrounded by national forest
lands within areas designated by this Act as wilderness, such State
or private owner shall be given such rights as may be necessary
to assure adequate access to such State-owned or privately owned
land by such State or private owner and their successors in interest, or the State-owned land or privately owned land shall be exchanged for federally owned land in the same State of approximately equal value under authorities available to the Secretary of
Agriculture: Provided, however, That the United States shall not
transfer to a State or private owner any mineral interests unless
the State or private owner relinquishes or causes to be relinquished
to the United States the mineral interest in the surrounded land.
(b) In any case where valid mining claims or other valid occupancies are wholly within a designated national forest wilderness
area, the Secretary of Agriculture shall, by reasonable regulations
consistent with the preservation of the area as wilderness, permit
ingress and egress to such surrounded areas by means which have
been or are being cutomarily enjoyed with respect to other such
areas similarly situated.
(c) Subject to the appropriation of funds by Congress, the Secretary of Agriculture is authorized to acquire privately owned land
within the perimeter of any area designated by this Act as wilderness if (1) the owner concurs in such acquisition or (2) the acquisition is specifically authorized by Congress.
GIFTS, BEQUESTS, AND CONTRIBUTIONS

SEC. 6. ø16 U.S.C. 1135¿ (a) The Secretary of Agriculture may
accept gifts or bequests of land within wilderness areas designated
by this Act for preservation as wilderness. The Secretary of Agriculture may also accept gifts or bequests of land adjacent to wilderness areas designated by this Act for preservation as wilderness if
he has given sixty days advance notice thereof to the President of
the Senate and the Speaker of the House of Representative. Land
accepted by the Secretary of Agriculture under this section shall
become part of the wilderness area involved. Regulations with regard to any such land may be in accordance with such agreements,
consistent with the policy of this Act, as are made at the time of
such gift, or such conditions, consistent with such policy, as may
be included in, and accepted with, such bequest.
(b) The Secretary of Agriculture or the Secretary of the Interior
is authorized to accept private contributions and gifts to be used
to further the purposes of this Act.
ANNUAL REPORTS

SEC. 7. ø16 U.S.C. 1136¿ At the opening of each session of
Congress, the Secretaries of Agriculture and Interior shall jointly
report to the President for transmission to Congress on the status
of the wilderness system, including a list and descriptions of the
areas in the system, regulations in effect, and other pertinent inforSeptember 19, 2019

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mation, together with any recommendations they may care to
make.

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