Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
Congressional research reportFeb 22, 2011
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Wilderness Laws: Statutory Provisions and
Prohibited and Permitted Uses
Ross W. Gorte
Specialist in Natural Resources Policy
February 22, 2011
Congressional Research Service
7-5700
www.crs.gov
R41649
CRS Report for Congress
Prepared for Members and Committees of Congress
Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
Summary
The 1964 Wilderness Act established a National Wilderness Preservation System of federal lands
“where the earth and its community of life are untrammeled by man, where man himself is a
visitor who does not remain.” The act designated 54 wilderness areas with 9.1 million acres
within the national forests and reserved to Congress the authority to add areas to the system.
Congress has enacted 117 subsequent statutes designating wilderness areas (including one with
16 wilderness-related subtitles) and 8 other statutes requiring wilderness study or otherwise
significantly affecting wilderness areas. Many of these statutes provide management direction for
designated areas that differs from the Wilderness Act provisions. As of December 31, 2010, the
system totaled 759 wilderness areas with 109.7 million acres of federal land.
The Wilderness Act and other wilderness statutes have contained many provisions related to the
administration of the areas. All but three direct management in accordance with the Wilderness
Act. Provisions prohibiting buffer zones around designated areas are common. Many also preserve
existing state jurisdiction and responsibilities over fish and wildlife, while some preserve other
jurisdictions and authorities, such as for law enforcement and cooperation with other federal,
state, and local agencies. Water rights has been a controversial issue—some statutes have neither
claimed nor denied water rights, some have reserved water rights, and others have directed no
claim to water. Several statutes have directed wilderness study of potentially qualified lands, and
have designated intended or potential wilderness, contingent upon some future condition or
event. Concern about protection of the study areas has led Congress to include provisions
addressing interim management and release of areas during and after the studies.
The Wilderness Act generally prohibits commercial activities within wilderness areas, although it
allows commercial activities related to wilderness-type recreation. The act also generally
prohibits motorized and mechanical access, and roads, structures, and other facilities within
wilderness areas. Although wilderness is generally open to other public uses, some wilderness
statutes have authorized temporary closures for various reasons. Also, many statutes have
withdrawn the designated areas from the public land disposal laws, the mining and mineral
leasing laws, and from the laws authorizing the disposal of common mineral materials. However,
valid existing rights are not terminated, and can be developed under reasonable regulations.
The Wilderness Act and many subsequent wilderness statutes have also allowed various
nonconforming uses and conditions. Motorized access has generally been permitted for
management requirements and emergencies, for nonfederal inholdings, and for fire, insect, and
disease control. Continued motorized access and livestock grazing have also generally been
permitted where they had been occurring prior to the area’s designation as wilderness.
Construction, operations, and maintenance, and associated motorized access, have also been
permitted for water infrastructure and for other infrastructure in many instances. Motorized
access for state agencies for fish and wildlife management activities has sometimes been
explicitly allowed. Low-level military overflights of wilderness areas have been permitted in
several statutes. Access for minerals activities has been authorized in some specific areas and for
valid existing rights; the Wilderness Act specifically allowed for mineral prospecting and for
establishing mineral rights for 20 years after enactment. Finally, several statutes have allowed
access for other specific activities, such as access to cemeteries within designated areas or for
tribal activities.
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Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
Contents
Statutory Provisions ....................................................................................................................1
Manage in Accordance With the Wilderness Act....................................................................2
Buffer Zones .........................................................................................................................2
State Fish and Wildlife Jurisdiction and Responsibilities .......................................................2
Jurisdiction and Authorities of Other Agencies ......................................................................3
Land and Rights Acquisition .................................................................................................3
Water Rights .........................................................................................................................4
State Authorities and Water Agreements ..........................................................................4
Neither Claim Nor Denial of Claim.................................................................................4
Reserved Water Rights ....................................................................................................5
No Claim on Water .........................................................................................................5
Wilderness Study and Release ...............................................................................................5
Intended or Potential Wilderness .....................................................................................5
Wilderness Study and Review .........................................................................................6
Management During and After a Wilderness Review .......................................................7
Prohibited Uses ...........................................................................................................................8
Area Closures to Public Access .............................................................................................8
Withdrawal from Public Land, Mining, and Mineral Leasing Laws........................................9
Public Land Laws ...........................................................................................................9
Mining and Mineral Leasing Laws ..................................................................................9
Mineral Materials.......................................................................................................... 10
Nonconforming Permitted Uses................................................................................................. 10
Access for Management Requirements and Emergencies..................................................... 10
Access to Nonfederal Inholdings ......................................................................................... 11
Fire, Insect, and Disease Control ......................................................................................... 11
Continued Motorized Uses .................................................................................................. 11
Livestock Grazing............................................................................................................... 12
Access for Water Infrastructure ........................................................................................... 12
Access for Other Infrastructure............................................................................................ 13
Access for Fish and Wildlife Management Activities ........................................................... 13
Low-Level Military Overflights .......................................................................................... 14
Access for Minerals Activities............................................................................................. 14
Access for Other Specific Activities .................................................................................... 15
Appendixes
Appendix A. List of Wilderness Statutes Containing the Various Statutory Provisions and
Guidelines on Prohibited and Permitted Uses ......................................................................... 16
Appendix B. Individual Statutes ................................................................................................ 23
Contacts
Author Contact Information ...................................................................................................... 83
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Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
C
ongress enacted the Wilderness Act (P.L. 88-577; 16 U.S.C. §§ 1131-1136) in 1964. It
established a National Wilderness Preservation System of federal lands “where the earth
and its community of life are untrammeled by man, where man himself is a visitor who
does not remain.” The act designated 54 wilderness areas containing 9.1 million acres of federal
land within the national forests. It also reserved to Congress the authority to add areas to the
system, although it also directed agencies to review the wilderness potential of certain lands.
The Wilderness Act and the 132 subsequent laws1 designating wilderness contain numerous
statutory provisions addressing management of wilderness areas as well as many provisions
addressing prohibited and permitted uses, both generally and in specific areas.2 This report
summarizes the various statutory provisions and the provisions on prohibited and permitted uses
within wilderness areas. Appendix A is a list of provisions in each relevant law discussed in the
sections below. Appendix B includes a complete chronological list of laws designating
wilderness areas, with a summary of or quotation from all the wilderness-related provisions in
each law.3 As of December 31, 2010, the National Wilderness Preservation System totaled 759
areas, with 109.7 million acres.4 The wilderness areas are part of and within the existing units of
federal land administered by the several federal land management agencies—the Forest Service
(USFS) in the Department of Agriculture, and the National Park Service (NPS), Fish and Wildlife
Service (FWS), and Bureau of Land Management (BLM) within the Department of the Interior.
The subsequent wilderness statutes have not designated wilderness areas by amending the
Wilderness Act. Instead, they are independent statutes. While nearly all direct management in
accordance with the Wilderness Act, as discussed below, most also provide unique management
guidance for the areas designated in that statute. Thus, altering management direction for the
entire National Wilderness Preservation System, for example to modify land acquisition authority,
might require amending all the wilderness statutes, not just the Wilderness Act.
Statutory Provisions
The Wilderness Act and subsequent wilderness laws contain several provisions addressing
management of wilderness areas. These laws designate wilderness areas as part of and within
existing units of federal land, and the management provisions applicable to those units of federal
land, particularly those governing management direction and restricting activities, also apply. For
example, hunting is prohibited in many NPS units, but not on USFS or BLM lands, and thus
would be prohibited in wilderness areas in those NPS units but generally not in USFS or BLM
wilderness areas, absent specific language.
1
There are actually only 117 subsequent laws with wilderness designations, but the Omnibus Public Land Management
Act of 2009 (P.L. 111-11) has 16 separate subtitles designating wilderness areas, most of which had been separately
introduced wilderness bills and most of which have distinct management provisions. Thus, this statute is counted as 16
separate “wilderness laws” for discussing the frequency of the various statutory provisions.
2
Congress has also established numerous other designations, including various National Park System units (e.g.,
national preserves and national seashores) and special management areas within areas managed by the USFS and the
BLM (e.g., national recreation areas). For details on such USFS areas, see CRS Report R41285, Congressionally
Designated Special Management Areas in the National Forest System, by Ross W. Gorte.
3
The appendix includes a few additional substantive bills that do not designate wilderness areas, such as wilderness
study bills and wilderness area management legislation, and excludes statutes with only minor boundary adjustments.
4
See CRS Report RL31447, Wilderness: Overview and Statistics, by Ross W. Gorte.
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Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
Manage in Accordance With the Wilderness Act
The Wilderness Act identified the purposes of wilderness in § 2. Specifically, § 2(a) stated that the
purpose was to create a National Wilderness Preservation System of federal lands
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…
The act goes on to further define wilderness area management in § 2(c):
A wilderness, in contrast to 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.
All but three of the subsequent wilderness statutes—P.L. 90-532, P.L. 90-544, and P.L. 92-476—
direct management of the designated areas in accordance with or consistent with the Wilderness
Act. Thus, virtually all areas within the National Wilderness Preservation System must be
managed under the purposes described above and under the various management directions
included in the Wilderness Act, as described below. In addition, four statutes require management
plans for the designated wilderness areas. For all other designated areas, management must be
included in management plans for the unit or area which encompasses the designated wilderness.
Buffer Zones
The Wilderness Act is silent on the issue of buffer zones around wilderness areas to protect the
designated areas. However, language in subsequent wilderness bills has prohibited buffer zones
restricting uses and activities on federal lands around the wilderness areas. The first explicit
language was enacted in 1980 in P.L. 96-550; § 105 states:
Congress does not intend that the designation of wilderness areas … lead to the creation of
protective perimeters or buffer zones around each wilderness area. The fact that nonwilderness
activities or uses can be seen or heard from areas within the wilderness shall not, of itself,
preclude such activities or uses up to the boundary of the wilderness area.
Virtually identical language has been included in 30 other wilderness statutes enacted since 1980.
State Fish and Wildlife Jurisdiction and Responsibilities
The Wilderness Act explicitly directed that the wilderness designations had no effect on state
jurisdiction or responsibilities over fish and wildlife; § 4(d)(8) states that “nothing in this Act
shall be construed as affecting the jurisdiction or responsibilities of the several States with respect
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to wildlife and fish in the national forests.”5 Comparable language, sometimes only referring to
state jurisdiction (not responsibilities), has been included in 31 wilderness statutes, beginning in
1978. Such provisions seem to be more common in recent legislation; for example, 8 of the 16
wilderness subtitles of P.L. 111-11 and five of the six wilderness statutes enacted in the 109th
Congress included such language. Concern over state wildlife and fish management in wilderness
areas persists, and several statutes have included additional specific provisions over permissible
access and activities for fish and wildlife management; these are discussed under
“Nonconforming Permitted Uses,” below.
Jurisdiction and Authorities of Other Agencies
Several wilderness statutes have directed that other agencies’ specific authorities, jurisdiction, and
related activities be allowed to continue. Three—P.L. 101-628 (AZ), P.L. 103-433 (CA), and P.L.
106-145 (CA)—directed no effect on U.S.-Mexico border operations. P.L. 103-433 added no
effect on law enforcement generally, and allowed motorized access for law enforcement and
border operations. P.L. 106-145 added no effect on drug interdiction, and allowed motorized
access subject to conditions established by the Secretary. Two other laws—P.L. 106-65 (AZ) and
P.L. 111-11, Subtitle K (NM)—directed no effect on military training, for current and future
aviation training and for an adjacent training center respectively. In addition, P.L. 95-495 directed
cooperation with the State of Minnesota generally, while P.L. 98-550 directed cooperation with
the State of Wyoming on cultural resource management. P.L. 107-282 directed no effect on Park
Service management of the Lake Mead National Recreation Area. Finally, P.L. 111-11, Subtitle L,
directed no effect on management of existing utilities outside the designated wilderness areas.
Land and Rights Acquisition
The Wilderness Act authorizes the acquisition of land within designated wilderness areas (called
inholdings). Section 5(c) authorizes acquisition, subject to appropriations, “if (1) the owner
concurs in such acquisition or (2) the acquisition is specifically authorized by Congress.” In
addition, § 5(a) authorizes acquisition of inholdings by exchange for other federal land of
approximately equal value, but the exchange can grant mineral interests only if the landowner
relinquishes mineral interests in the inholding. Section 6(a) authorizes the acceptance of gifts or
bequests of land within or adjacent to the wilderness, and after 60 days notice to Congress shall
become part of the designated wilderness.
Several subsequent wilderness statutes have provided specific directions on acquisitions within
the areas designated in those statutes.6 P.L. 93-622, the Eastern Wilderness Act, authorized
acquisition through condemnation, as well as by purchase, gift, or exchange. P.L. 97-466 (WV)
directed the acquisition of coal and other mineral interests, with detailed provisions on the
valuation procedures and the use of credits for other federal mineral rights elsewhere; P.L. 104333 authorized the acquisition of mineral leases by exchange. P.L. 98-425 (CA) directed
5
The Wilderness Act only designated wilderness areas within USFS lands, and thus directed management activities for
the national forests by the Secretary of Agriculture. When Congress began designating wilderness within DOI agency
lands in 1968, the common management directions were extended to DOI lands by the Secretary of the Interior.
6
Many of the statutes have included provisions directing specific land exchanges, but these might or might not have
involved lands within the designated wilderness areas. The only provisions discussed here are those that clearly involve
lands within wilderness areas.
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negotiations for acquisition via an exchange, and P.L. 98-574 (TX) directed an expeditious land
exchange with a forest products company. P.L. 100-184 (MI) explicitly required concurrence of
the landowner for land acquisition. P.L. 101-628 (AZ) directed the acquisition of mineral rights
by exchange, and P.L. 103-77 (CO) directed mineral right acquisition only by exchange or
donation.
Water Rights
In contrast to the preceding statutory provisions, where Congress has been relatively consistent in
the language used or has been silent on the particular issue, wilderness statutes have provided
different directions concerning federal reserved water rights associated with the designated
wilderness areas. Under the Winters doctrine, when Congress reserves federal land for a particular
purpose, it also reserves enough water to fulfill the purpose of the reservation. 7 Congress also has
repeatedly deferred to state law in the regulation of water allocation and use.8
State Authorities and Water Agreements
Numerous wilderness statutes direct that they are to have no effect on various water agreements
and state jurisdiction over water rights. The first was P.L. 95-495, the Boundary Waters Canoe
Area Wilderness Act, which directed no effect on Minnesota’s jurisdiction or responsibilities over
water rights and management. P.L. 96-550 directed no effect on management of a particular
municipal watershed. Five statutes—P.L. 107-282 (NV), P.L. 108-424 (NV), P.L. 109-94 (CA),
P.L. 109-432 (NV), and P.L. 111-11, Subtitle O (UT)—direct no effect on state water jurisdiction.
These five statutes, plus P.L. 103-77 (CO) and P.L. 106-353 (CO), also direct that the statutes are
not to be “construed as limiting, altering, modifying, or amending any interstate compacts or
equitable apportionment decrees that apportion water among and between” the states. In addition,
these five statutes, plus P.L. 111-11, Title II, Subtitle E (NM), direct that any water rights be
secured under state law. Two statutes—P.L. 101-628 (AZ) and P.L. 104-433 (CA)—direct no
effect on state, interstate, federal, or international jurisdiction, agreements, or treaties pertaining
to the Colorado River. Finally, P.L. 108-447 (WI) directs the preservation of existing treaty rights
and management of Lake Superior waters.
Neither Claim Nor Denial of Claim
The Wilderness Act, in § 4(d)(7), states that “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.” Comparable language—neither claiming nor denying reserved water rights for the
wilderness designations outside of the state legal system for allocating water—has been used in
five subsequent wilderness statutes—P.L. 96-312 (ID), P.L. 98-406 (AZ), P.L. 98-428 (UT), P.L.
98-550 (WY), and P.L. 106-399 (OR).
7
Winters v. United States, 207 U.S. 564 (1908). See also CRS Report R41081, The Wild and Scenic Rivers Act
(WSRA): Protections, Federal Water Rights, and Development Restrictions, by Cynthia Brougher for a discussion of
federal reserved water rights in similarly protective legislation.
8
See, for example, United States v. New Mexico, 438 U.S. 696, n.5 at 702 (1978).
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Reserved Water Rights
In contrast to the Wilderness Act, several subsequent wilderness statutes have expressly reserved
federal water rights associated with the designated wilderness areas. Statutes with such an express
reservation include P.L. 100-668 (WA), P.L. 101-195 (NV), P.L. 101-628 (AZ), P.L. 102-301
(CA), P.L. 103-433 (CA), and P.L. 107-370 (CA). Another four wilderness statutes (P.L. 107-282
(NV), P.L. 108-424 (NV), P.L. 109-94 (CA), and P.L. 109-432 (NV)) indirectly protect wilderness
water flows by prohibiting federal funds, assistance, authorization, or permits for new water
resource projects or facilities within the wilderness areas (except “water guzzlers” for wildlife in
P.L. 109-94).
No Claim on Water
Also in contrast to the Wilderness Act and to the statutes identified above, several wilderness
statutes have explicitly denied claims to water associated with the designated wilderness areas. As
discussed below, this denial of water rights has taken two different forms, each in several statutes:
the direction to have no effects on water rights in specific geographic areas; and the denial of a
reserved water right for all the areas designated in the statute.
Area-Specific Provisions
Several wilderness statutes have specified that they are not to have any effect on water claims or
rights in a particular location. Three statutes—P.L. 95-237, P.L. 96-560, and P.L. 103-77—have
directed that the claims or rights to water and water projects on the Hunter and Fryingpan Rivers
and their tributaries are to be unaffected by the wilderness designations in the laws. Two statutes
designating wilderness areas along the lower Colorado River—P.L. 101-628 (AZ) and P.L. 103433 (CA)—specified that no right to Colorado River water was “expressly or impliedly” reserved.
Two other statutes—P.L. 98-425 (CA) and P.L. 98-550 (WY)—specified no effect on water rights
in one particular river and one specific river basin, respectively.
General Provisions
The explicit denial of reserved water rights associated with the wilderness designations has been
included in 10 wilderness statutes. In four statutes—P.L. 103-433 (CA), P.L. 106-76 (CO), P.L.
111-11, Subtitle F (ID), and P.L. 111-11, Subtitle N (CO)—the denial of the reserved right is the
extent of the provision. In the other six, the statutes also direct no effect on water agreements
and/or state authorities. One additional statute—P.L. 103-77 (CO)—does not deny a reserved
water right, but does prohibit federal assertion of and administrative and judicial consideration of
any water claims.
Wilderness Study and Release
Intended or Potential Wilderness
Beginning with P.L. 94-357, the Alpine Lakes Area Management Act of 1976 (WA), Congress has
enacted 17 wilderness statutes with intended or potential wilderness. These are areas within or
adjoining designated wilderness areas that are to become wilderness when certain conditions have
been met. In at least five statutes, areas are to be added to the designated wilderness when the
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specified nonfederal lands have been acquired. In all cases but one, the areas are to become
wilderness when current prohibited or inconsistent uses have ceased and/or when incompatible
conditions have been remediated. In all but two of the statutes, a Federal Register notice that the
statutory conditions have been met is required before the area is officially added to the designated
wilderness.
Wilderness Study and Review
A substantial number of wilderness statutes have directed the agencies to review the wilderness
potential of certain lands and to present recommendations of wilderness designations to the
President and to Congress. The Wilderness Act directed the Secretary of Agriculture to review the
administratively identified national forest primitive areas within 10 years, with a third of the
reviews completed within three years and the second third completed within seven years.9 The act
also directed the Secretary of the Interior to review all roadless areas of 5,000 acres or more
within National Park System and National Wildlife Refuge System lands; recommendations were
to be completed within 10 years, with a third done within three years and another third within
seven years. A similar direction to review the wilderness potential of BLM lands was enacted in §
603 of the Federal Land Policy and Management Act of 1976 (FLPMA);10 BLM wilderness
recommendations were to be presented to the President within 15 years (i.e., by 1991) and to
Congress not more than two years later. Questions have been raised about the legitimacy of BLM
wilderness reviews of areas not originally identified as wilderness study areas (WSAs) under
FLPMA.11
A total of 27 additional statutes directed the review of the wilderness potential of identified lands.
About two-thirds of the statutes specified a deadline for presenting recommendations, commonly
two, three, or five years. Two of the laws were only wilderness review statutes, and did not
designate any wilderness areas. Two additional statutes repealed previously enacted wilderness
study provisions, after the studies were completed, thus effectively providing release from the
interim management guidelines (discussed below). The statutorily required wilderness reviews
have all been completed, and recommendations have been presented to Congress; some agency
wilderness recommendations remain pending.
Wilderness reviews of national forest lands have been and continue to be controversial. The
Multiple-Use Sustained-Yield Act of 196012 explicitly identifies “wilderness” as an acceptable
use for national forest lands. The National Forest Management Act of 1976 (NFMA)13 requires
periodically revised land management plans for the national forests that:
provide for multiple use and sustained yield of the products and services obtained therefrom in
accordance with the Multiple-Use Sustained-Yield Act of 1960, and, in particular, include
coordination or outdoor recreation, range, timber, watershed, wildlife and fish, and wilderness.
(16 U.S.C. § 1604(e)(1))
9
The Wilderness Act designated as wilderness the agency’s administratively identified wilderness and wild areas—54
areas in 13 states with 9.1 million acres.
10
P.L. 94-579; 43 U.S.C. §§1701 et seq.
11
See CRS Report RS21917, Bureau of Land Management (BLM) Wilderness Review Issues, by Ross W. Gorte and
Pamela Baldwin.
12
P.L. 86-517; 16 U.S.C. §528-531.
13
P.L. 94-588; 16 U.S.C. §§1600-1613.
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The periodic review of potential national forest wilderness in NFMA planning was modified in
1977 to accelerate the wilderness review portion of the planning process. In January 1979, the
USFS issued nationwide recommendations on more than 60 million acres of land—some areas
were recommended for wilderness, some for non-wilderness uses, and some to be examined
further in the ongoing planning. The Roadless Area Review and Evaluation (RARE II)14 was
successfully challenged by the State of California on procedural grounds and vacated, raising
questions about the management of lands that had been recommended for non-wilderness uses.15
Management During and After a Wilderness Review
The Wilderness Act and most of the initial statutory wilderness review provisions were silent on
the management of the areas during and after the review. The Eastern Wilderness Act, P.L. 93622, and two other statutes (P.L. 94-577 and P.L. 105-277) directed that the wilderness
characteristics of the areas under review were to be protected “until Congress determined
otherwise,” but only for a specified period after the recommendations were submitted (one
through the third succeeding Congress, one for four years, and one until December 21, 2003). P.L.
94-199 simply directed that the wilderness character of the areas be protected. P.L. 96-550 was
the first wilderness statute to require protection until Congress determined otherwise, without
limitation, following the language in § 603(c) of FLPMA for the BLM wilderness study areas
(WSAs). This language was used in seven other wilderness statutes. One law, P.L. 96-560, was
particularly complicated—it provided the “until Congress determines otherwise” language for 10
areas, but directed grazing and mineral activities under laws generally applicable to national
forests; it also limited the “until Congress determines otherwise” language to two years for one
area, but directed that the Wilderness Act provisions on minerals apply to that area.
Because of the successful litigation over RARE II, many were concerned that, for areas
recommended for non-wilderness uses, planned activities might be prevented if they were
inconsistent with the Wilderness Act management guidelines (discussed below). A legislative
provision, called release language, was developed to address this concern. 16 In general, release
language provided that RARE II was sufficient for congressional deliberations over wilderness
designation and that, in developing the first NFMA plan for a national forest, the USFS was not
required to protect the wilderness characteristics of areas not designated. RARE II wilderness
bills with release language were generally developed to address all the national forest lands (and
occasionally some other federal lands) in a particular state. In total, 30 statewide national forest
wilderness bills with release language were enacted between 1980 and 1990.17 Because the initial
NFMA plans have all been completed, release language is no longer relevant for national forest
wilderness legislation.
14
The first Roadless Area Review and Evaluation (RARE) was begun in 1970; it was abandoned in 1972 without
recommendations, because of a challenge that the process did not comply with the National Environmental Policy Act
of 1969 (NEPA, P.L. 91-190; 42 U.S.C. §§4321-4347).
15
California v. Bergland, 483 F. Supp. 465 (E.D.Cal. 1980), aff'd in part, rev'd in part, 690 F.2d 753 (9th Cir. 1982).
For additional information, see CRS Report RL31447, Wilderness: Overview and Statistics, by Ross W. Gorte.
16
See CRS Report RS21917, Bureau of Land Management (BLM) Wilderness Review Issues, by Ross W. Gorte and
Pamela Baldwin.
17
States with national forest wilderness areas but not statewide wilderness bills with release language include Idaho,
Illinois, Louisiana, Minnesota, Montana, South Carolina, and South Dakota. Tennessee’s national forests effectively
received statewide release in two wilderness statutes (P.L. 98-578 and P.L. 99-490) designating national forest
wilderness in the state.
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Because FLPMA required the BLM to preserve the wilderness characteristics of its WSAs until
Congress determines otherwise, release language for the WSAs not designated as wilderness is
particularly important. It is also more controversial, because the BLM land and resource
management planning process established in FLPMA does not mention wilderness and does not
require periodic revision of the plans. Thus, release for BLM WSAs could be virtually permanent,
in contrast to the periodic review required for national forest roadless areas. Since the BLM
wilderness recommendations were made for each western state (because the BLM is organized
into state offices), it is perhaps surprising that only one statewide BLM wilderness statute with
release language (in contrast to statewide 30 USFS statutes with release language) has been
enacted—P.L. 101-628, the Arizona Desert Wilderness Act of 1990. Release language for specific
BLM WSAs has been enacted in 15 wilderness statutes.
Prohibited Uses
The Wilderness Act, directly and by cross-reference in virtually all subsequent wilderness
statutes, generally prohibits commercial activities, motorized uses, and roads, structures, and
facilities in units of the National Wilderness Preservation System designated by acts of Congress.
Specifically, § 4(c) states:
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.
This section thus prohibits most businesses, except “for activities which are proper for realizing
the recreational or other wilderness purposes of the areas” (§ 4(d)(6)). This section effectively
prohibits development of commercial resources, such as timber, although the Wilderness Act
permits livestock grazing and some mineral development, as discussed below.
The Wilderness Act also prohibits motorized or mechanical entry, via cars, trucks, off-road or allterrain vehicles, bicycles, aircraft, or motorboats, except in emergencies and in specified
circumstances, as discussed below. Finally, the act prohibits human infrastructure—roads,
buildings, dams and pipelines, and such—from wilderness areas, although the act is silent on the
treatment (e.g., maintenance or removal) of infrastructure within designated wilderness areas;
many of the provisions in wilderness statutes addressing nonconforming uses address existing and
potential infrastructure in designated areas.
Area Closures to Public Access
In addition, several wilderness statutes authorized closing certain wilderness areas to some public
access. Five statutes authorized temporarily closing areas to hunting, fishing, and trapping for
public safety, administration, and use and enjoyment of the areas.18 Two statutes—P.L. 109-362
18
Such closure authorizations have been included in many of the statutes designating other special management areas
within the national forests; see CRS Report R41285, Congressionally Designated Special Management Areas in the
(continued...)
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and P.L. 111-11, Subtitle L—authorized temporary closures for tribal religious or cultural needs
and activities. P.L. 106-65 authorized closure of a portion of a wilderness abutting the Mexican
border for public safety and national security. Finally, P.L. 107-107 directed that the designated
wilderness area be closed to the public, because it had been the “Live Impact Area” of the
Vieques Naval Training Range and could still contain some live munitions.
Withdrawal from Public Land, Mining, and Mineral Leasing Laws
Withdrawal in this context is the term used for preventing an individual from obtaining title to
federal lands or resources under the various laws that have historically permitted such actions.
Public Land Laws
Public land laws refer to the array of statutes that allowed individuals to obtain title to unreserved
public domain lands—that is, to federally owned lands that were obtained by purchase or treaty
from a sovereign power (the public domain) and that had not been reserved for a particular
purpose by Congress. The best known of the public land laws was the Homestead Act, which
allowed settlers to obtain title to 160 acres of unreserved public domain lands by agreeing to
develop the lands and live on them for at least five years.
The Wilderness Act is silent on the application or withdrawal of areas designated from the public
land laws. This is likely because the areas designated were all within national forests, which were
already withdrawn from the public land laws as congressionally authorized reservations of land.
Similarly, therefore, all wilderness designations are automatically withdrawn from the public land
laws, because the designations are implicitly congressional reservations of federal land.
Furthermore, the vast majority of the public land laws were repealed in Title VII of the Federal
Land Policy and Management Act of 1976 (FLPMA, P.L. 94-579). Nonetheless, 14 wilderness
statutes, beginning with P.L. 106-353 in 2000, still have explicitly withdrawn the designated areas
from disposal under the public land laws.
Mining and Mineral Leasing Laws
The General Mining Law of 1872 (30 U.S.C. Chapter 2) established a system of relatively free
access for individuals and corporations to prospect for hardrock (or locatable) minerals (e.g.,
gold, silver, copper) on open federal lands and to stake a claim on the deposit. The minerals can
then be extracted from sites with valid mining claims. The claim can be “patented” to transfer
title to the land to the claimant, although patenting the land is not required to extract the minerals.
Mineral leasing for “coal, phosphate, sodium, potassium [potash], oil, oil shale, gilsonite
(including all vein-type solid hydrocarbons), or gas” under federal lands is governed by the
Mineral Leasing Act of 1920 (30 U.S.C. §§ 181 et seq.) and the Mineral Leasing Act for Acquired
Lands (31 U.S.C. §§ 351 et seq.). Leases are generally offered to the public competitively, and
establish a right to extract the leased mineral in exchange for payment of fees and royalties. In
addition, the Geothermal Steam Act of 1970 (P.L. 91-581; 30 U.S.C. §§ 1001 et seq.) allows
(...continued)
National Forest System, by Ross W. Gorte.
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geothermal energy production from federal lands nominated for leasing. The Geothermal Steam
Act does not exclude wilderness areas from lands that can be nominated for leasing.
The Wilderness Act allowed continued prospecting in wilderness areas (§ 4(d)(2)). It also allowed
filing claims to hardrock minerals and establishing contracts for leasable minerals within
wilderness areas “until midnight on December 31, 1983.” As discussed below, the Wilderness Act
included guidelines for administering valid mineral rights. Since 1978, 18 wilderness statutes
have explicitly withdrawn the designated areas from availability under the General Mining Law.
These statutes also withdrew the designated areas from availability under the Mineral Leasing Act
and Geothermal Steam Act, except for P.L. 95-495 (withdrawn under neither law), P.L. 96-428
(not withdrawn from geothermal leasing), and P.L. 111-11, Subtitle G (not withdrawn from
mineral leasing). These provisions seem to be becoming more common, as 6 of the 16 wilderness
subtitles of P.L. 111-11 and five of the six laws enacted in the 109th Congress withdraw the lands.
Mineral Materials
The Materials Act of 1947 (30 U.S.C. §§ 601 et seq.) authorizes the sale of common variety
mineral materials—sand, gravel, crushed rock, and others—from federal lands. Beginning in
1996, 12 wilderness statutes have withdrawn the designated lands from disposal of common
variety mineral materials.
Nonconforming Permitted Uses
The Wilderness Act and a large number of subsequent wilderness statutes allow uses, activities, or
infrastructure that do not conform with the general prohibitions on commercial activities,
motorized access, and infrastructure. Many of these nonconforming permitted uses were
explicitly allowed in the Wilderness Act, including access for management and emergencies and
access for inholdings, as well as activities for controlling fires and insect and disease infestations,
continued motorized access, livestock grazing, and water project developments. Subsequent
statutes have expanded on these provisions and have addressed additional concerns, such as fish
and wildlife management activities, development or maintenance of and access to certain existing
and potential infrastructure, military overflights of wilderness areas, mineral activities, and access
for other specific purposes.
Access for Management Requirements and Emergencies
The Wilderness Act, in the provision cited above, explicitly allowed motorized access for
“minimum management requirements” and “emergencies involving health and safety.”
Interestingly, neither Congress nor the agencies have defined the minimum management
requirements for which motorized access is allowed. One statute, P.L. 90-352, reiterated the
Wilderness Act provision. In addition, P.L. 98-425 explicitly allowed motorized access on a
particular fire road between two designated wilderness areas for administrative purposes. Two
statutes—P.L. 98-406 and P.L. 101-628—modify authorized uses of particular roads within the
designated wilderness. No other wilderness statutes have addressed access for management or
emergencies.
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Access to Nonfederal Inholdings
Inholdings are nonfederally owned lands—lands owned by state or local governments or by a
private individual or entity—that are contained within (surrounded by) a federal unit, such as a
national park, national forest, national wildlife refuge, or designated wilderness. The Wilderness
Act explicitly directs that nonfederal landowners “be given such rights as may be necessary to
assure adequate access” to their lands. The act also provides reasonable access for valid mining
claims and other valid occupancies, requiring that the Secretary “shall, by reasonable regulations
consistent with the preservation of the area of wilderness, permit ingress and egress to such
surrounded areas by means which have been or are being customarily enjoyed with respect to
other such areas similarly situated.”
Subsequent wilderness statutes have generally followed the Wilderness Act provisions. The first
access provision, in P.L. 98-406, allowed limited access for private and administrative purposes
along one route into one designated wilderness areas. Ten additional statutes have paralleled the
Wilderness Act, directing reasonable access or adequate access for reasonable use and enjoyment
of the surrounded nonfederal lands. One statute, P.L. 106-353, also included the right of public
access, including for commercial vehicles, to one area.
Fire, Insect, and Disease Control
The Wilderness Act specifically authorized exceptions to the general prohibitions on activities in
wilderness areas for controlling fires and insect and disease infestations; § 4(d)(1) allowed that
“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.” This language has been cited or
replicated in 23 subsequent wilderness statutes, beginning in 1978. It has become more common
in recent years; for example, such a provision was included in 8 of the 16 wilderness subtitles of
P.L. 111-11. In three wilderness statutes, control activities are described as appropriate for
watershed protection, and in one for the necessary control of southern pine beetles. Finally, one
statute—P.L. 96-560—required a review of the practices, policies, and regulations to control
diseases, insects, and forest fires to insure timely and efficient control; reasonable protection of
adjacent lands; and conformance with the intent of Congress.
Continued Motorized Uses
Despite prohibiting motorized access to designated wilderness areas, the Wilderness Act also
explicitly directed, in § 4(d)(1), that “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 ... deems desirable.” Several subsequent wilderness statutes have provided explicit
guidance on continued motorized access. Most commonly (five statutes), the provisions allow
motorboats in particular lakes or streams; in at least one instance, the size of the motors that can
be used is restricted. Two statutes—P.L. 95-495 and P.L. 96-487—authorized motorized portages
between lakes. Two statutes—P.L. 95-495 and P.L. 110-229—specifically authorized continued
aircraft use within the areas. (Military aircraft flights over wilderness areas are discussed
separately, below.) Finally, two statutes—P.L. 95-495 and P.L. 108-447—authorized the
continued use of snowmobiles in specific areas. As can be seen from this brief summary, P.L. 95495, the Boundary Waters Canoe Area Wilderness, contained more of these types of provisions
than other wilderness statutes; P.L. 95-495 is also the only wilderness statute that amended the
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Wilderness Act, adding a new § 4(d)(5) addressing management of the areas, including continued
motorboat use.
Livestock Grazing
Continued livestock grazing in wilderness has attracted substantial attention. The Wilderness Act,
in § 4(d)(4)(2), specifically directed that “the grazing 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.”
Despite this language, many have expressed concerns that wilderness designations will reduce
historic livestock grazing. The concerns were sufficient for the House Committee on Interior and
Insular Affairs to include a discussion of the congressional intent for continued livestock grazing
management in wilderness areas in the committee report on P.L. 96-560—H.Rept. 96-617.
Continued concerns led the House Committee on Interior and Insular Affairs to expound still
further on the congressional intent for continuing livestock grazing in designated wilderness
areas. The committee included “Appendix A—Grazing Guidelines” in H.Rept. 101-405 that
accompanied the bill that was enacted as P.L. 101-628. (Summaries of the relevant portions of the
committee reports are included following the respective statutes in Appendix B.)19
A total of 33 subsequent wilderness statutes have expressly directed continued livestock grazing
in conformance with the Wilderness Act. The majority (27 statutes) have also directed that
grazing be managed in conformance with § 108 of P.L. 96-560; with the relevant portion of
H.Rept. 96-617; with § 101(f) of P.L. 101-628; and/or with Appendix A of H.Rept 101-405.
Several (at least 11 statutes) have modified the continuation to be “subject to such reasonable
regulations, policies, and practices as are deemed necessary.” Such provisions seem to be
becoming more common; 9 of the 16 wilderness subtitles in P.L. 111-11 and four of the six
wilderness statutes enacted in the 109th Congress included grazing management provisions.
A few wilderness statutes have contained additional provisions. Five statutes directed the
agencies to conduct a study to insure that the grazing regulations, policies, and practices were in
accordance (or in conformance) with the Wilderness Act. A sixth statute (P.L. 111-11, Subtitle F)
directed an inventory of grazing-related facilities and improvements, and acceptance of donations
with subsequent cancellation of grazing permits within the wilderness areas.20 Two statutes (P.L.
96-550 and P.L. 111-11, Subtitle F) explicitly allowed additional fencing within the wilderness,
while another (P.L. 98-425) explicitly allowed motorized access for livestock management.
Access for Water Infrastructure
Numerous wilderness statutes have provided for the maintenance and reconstruction of existing
water resource infrastructure (dams, canals, pipelines, etc.) and construction of new infrastructure
19
The House Committee on Interior and Insular Affairs slightly modified the language in H.Rept. 96-617 and
reproduced it in H.Rept. 96-1126 (the conference report that accompanied P.L. 96-312). However, the reference in
subsequent wilderness statutes is to §108 of P.L. 96-560 that refers to H.Rept. 96-617, and thus H.Rept. 96-617 is
presented here and in Appendix B.
20
Typically when a grazing permit is relinquished, the agency reoffers it to an appropriate livestock operator.
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in some instances, usually with permission for the necessary motorized access to accomplish
these actions. The Wilderness Act allowed the President to permit such activities:
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 interests of the United States and the people thereof than will its denial. (§
4(d)(4)(1)
A total of 13 subsequent wilderness statutes have provided for the construction, operation, and
maintenance of water resource facilities, for one specific area in some statutes and for all the
areas designated in other statutes. In contrast to many other provisions, the language in each of
these statutes appears to be unique, without clear repetition of the same language. In at least two
statutes—P.L. 95-237 and P.L. 98-428—helicopter access is allowed for sanitary facilities within
wilderness areas.
In addition, six wilderness statutes effectively prohibit new water resource development within
the wilderness areas. The language is virtually identical in the six statutes: “neither the President
nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue
a license or permit for the development of any new water resource facility within the wilderness
areas designated by this Act.”
Access for Other Infrastructure
Eleven wilderness statutes allow for the construction and maintenance of, and generally limited
motorized access in support of, facilities for hydrological, meteorological, climatological,
atmospheric, and/or telecommunications needs. The language used is often similar, but is also
usually distinct in some manner. In some instances, the infrastructure is allowed if it is essential to
flood control and reservoir operations or for research; in other cases, it must be appropriate for
science, education, or conservation purposes. Some statutes direct reasonable or prescribed terms
and conditions for the infrastructure and/or access.
Another nine wilderness statutes provide for the maintenance of specific facilities, and access for
such activities. Two statutes direct the maintenance of specific trails and associated structures;
another allows the maintenance of cabins in specific areas. One directs the conversion of roads to
trails. One statute allows operation and maintenance of a lookout tower; another allows motorized
access for the removal of a fire tower. Two statutes allow the operation, maintenance, upgrade,
and replacement of power lines through specific areas. Finally, one statute authorizes the right-ofway and construction of a space laser energy facility within 15 years (now expired, without such
construction).
Access for Fish and Wildlife Management Activities
As noted above, the Wilderness Act and several subsequent wilderness statutes direct that the
wilderness designations are to have no effect on state jurisdiction or responsibilities for fish and
wildlife. As also noted above, three wilderness statutes authorize periods when or zones where the
wilderness may be closed to hunting, fishing, and trapping, for safety and administrative reasons.
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Several statutes have also provided for facilities or motorized access in support of state fish and
wildlife management. In six instances, the provisions apply only to one area or activity. The
House Committee on Interior and Insular Affairs report, H.Rept. 101-405, accompanying the bill
enacted as P.L. 101-628, included a lengthy Appendix B—Wildlife Management Guidelines. This
committee report provides detailed guidance on the committee’s statement of congressional intent
regarding motorizes access, facilities, and state agency activities for fish and wildlife
management within wilderness areas; the statute itself contains no direction on access for fish and
wildlife management activities. (A summary of this appendix follows P.L. 101-628 in Appendix
B of this report.)
In contrast to the Grazing Guidelines (Appendix A) of H.Rept. 101-405, the Wildlife
Management Guidelines have not been referenced in subsequent wilderness statutes. Instead, five
statutes—P.L. 107-282 (NV); P.L. 108-424 (NV); P.L. 109-432 (NV); P.L. 111-11, Subtitle F
(ID); and P.L. 111-11, Subtitle O (UT)—contain lengthy provisions directing state fish and
wildlife management within the designated wilderness areas. These provisions are similar to, but
less detailed than, H.Rept. 101-405, Appendix B—Wildlife Management Guidelines.
Low-Level Military Overflights
A concern about the limitations of wilderness designations on military air training arose in the
late 1980s. P.L. 101-195, the Nevada Wilderness Protection Act of 1989, included a provision
directing that the statute would have no effect on low-level military overflights, new units of
special use airspace, or military flight training routes over four specific wilderness areas. Similar
language has been included in 11 subsequent wilderness statutes, primarily in Nevada and
southern California, but also in Arizona, Idaho, and Utah.
Access for Minerals Activities
As discussed above, the Wilderness Act (and many subsequent wilderness statutes) withdrew
designated wilderness areas from access under the mining and mineral leasing laws after
December 31, 1983. However, § 4(d)(2) of the act allows mineral prospecting, as long as it is
conducted “in a manner compatible with the preservation of the wilderness environment.” In
addition, for the nearly 20 years after its enactment, § 4(d)(3) of the Wilderness Act allowed
establishing and developing valid mineral rights in 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 ... including where essential the use of mechanized
ground or air equipment.... Mineral leases, permits, and licenses ... 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.
Several subsequent wilderness statutes have also addressed minerals. Two—P.L. 95-237 and P.L.
98-428—directed continued development of mineral information within the designated areas.
Another two statutes—P.L. 96-312 and P.L. 98-425—provided for cobalt extraction from within
specific wilderness areas. Finally, P.L. 106-456 allowed the historic uses of an existing mine road
within a wilderness area.
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Access for Other Specific Activities
As discussed above under “Prohibited Uses,” the Wilderness Act generally prohibited commercial
activities within wilderness areas, except in support of recreational and other appropriate uses of
wilderness areas. This direction was restated in the reverse—allowing commercial activities that
support recreational and other wilderness purposes—in P.L. 96-312 and P.L. 111-11, Subtitle F. In
addition, Subtitle K and Subtitle M of P.L. 111-11 addressed concerns about the implementation
of this provision. Subtitle K directed that outfitter and guide permits for the additional designated
wilderness areas were to be added to the existing limits for wilderness. Both subtitles directed that
the wilderness designation was not to reduce riding or pack stock use or impose additional use
constraints in the areas, in accordance with the Wilderness Act and “subject to any terms and
conditions determined to be necessary by the Secretary.” Finally, P.L. 111-11, Subtitle A,
authorized a competitive event through the designated wilderness to continue.
Various wilderness statutes have authorized access to specific areas for other specific purposes.
Two statutes—P.L. 97-384 and P.L. 101-633—authorized access to cemeteries that were within
the designated wilderness areas. Three wilderness statutes addressed rights-of-way; one (P.L. 95249) directed no effect on two rights-of-way claims, another (P.L. 98-425) authorized a powerline
right-of-way if an application were made within 10 years (it was not), and the third (P.L. 103-433)
authorized a right-of-way for the Department of Defense in one area. Finally, five statutes
addressed access for Native American activities. Three—P.L. 107-282, P.L. 108-424, and P.L.
109-432—directed no diminution of tribal access to wilderness areas. Another (P.L. 109-362)
directed access in accordance with the Wilderness Act (which was silent on the issue of tribal
access) and the American Indian Religious Freedom Act.21 The fifth statute (P.L. 111-11, Subtitle
L) allowed for Native American access to a specific areas. P.L. 109-362 and P.L. 111-11, Subtitle
L also allowed temporary closures for tribal needs, as noted above.
21
P.L. 95-341, 42 U.S.C. §1996.
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Appendix A. List of Wilderness Statutes Containing
the Various Statutory Provisions and Guidelines on
Prohibited and Permitted Uses
This appendix identifies the specific section in each of the wilderness statutes containing the
provisions specified. Because of the 16 subtitles in P.L. 111-11, the subtitle letter is shown
following the statute number to assist in finding the provision (with IIE used for Subtitle E of
Title II; the other subtitles are all in Title I). The provisions are summarized or quoted for each
statute, in chronological order, in Appendix B.
Statutory Provisions
General Management Guidance
Manage in Accordance with the Wilderness Act (P.L. 88-577)—All Statutes Except:
P.L. 90-532
P.L. 90-544
P.L. 92-476
Prepare a Management Plan
P.L. 95-237, § 2(c)
P.L. 96-312, § 5(a)
P.L. 106-353, § 6(h)
P.L. 111-11, F, § 1503(b)(5)
P.L. 96-550, § 105
P.L. 96-560, § 110
P.L. 98-328, § 6
P.L. 98-339, § 9
P.L. 98-406, § 101(d)
P.L. 98-428, § 303
P.L. 98-508, § 7
P.L. 98-550, § 504
P.L. 98-585, § 9
P.L. 98-586, § 7
P.L. 100-184, § 7
P.L. 100-499, § 7
P.L. 100-668, Title IV
(a)(3)
P.L. 101-195, § 7
P.L. 101-401, § 6
P.L. 101-628, § 101(d)
P.L. 101-633, § 6
P.L. 102-301, § 3(d)
P.L. 103-77, § 3(e)
P.L. 103-433, § 103(d)
P.L. 106-145, § 8
P.L. 106-353, § 6(i)
P.L. 107-282, § 204
P.L. 108-424, § 205
P.L. 109-163, § 384(h)
P.L. 109-362, § 4(l)
P.L. 109-432, § 325
P.L. 111-11, C, § 1202(f)
P.L. 111-11, F, §
1503(b)(10)
P.L. 111-11, L, § 1851(b)(3)
P.L. 111-11, O, §
1972(b)(4)
No Buffer Zones
No Effect on State Fish and Wildlife Jurisdiction and Responsibilities
P.L. 88-577, § 4(d)(8)
P.L. 95-495, § 14
P.L. 96-312, § 7(c)
P.L. 98-322, § 104(b)
P.L. 98-406, § 101(e)(2)
P.L. 98-550, § 503
P.L. 98-585, § 5(b)
P.L. 100-184, § 8
P.L. 100-499, § 18
P.L. 101-195, § 9
P.L. 101-401, § 8
P.L. 101-628, § 101(e)
P.L. 101-633, § 7
P.L. 103-77, § 3(c)
P.L. 103-433, § 103(e)
P.L. 106-76, § 8(c)
P.L. 107-282, § 208(a)
P.L. 107-370, § 3(c)
P.L. 108-424, § 209(a)
P.L. 109-94, § 3(h)
P.L. 109-163, § 384(f)
P.L. 109-362, § 4(j)(2)
P.L. 109-382, § 104(c) & §
213(b)
P.L. 109-432, § 329(a)
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P.L. 111-11, A, § 1001(e)
P.L. 111-11, C, § 1202(g)
P.L. 111-11, E, § 1405(c)(4)
P.L. 111-11, F, §
1503(b)(8)(A)
P.L. 111-11, G, §
1602(c)(4)
P.L. 111-11, K, § 1803(i)(2)
P.L. 111-11, O, §
1972(b)(10)
P.L. 111-11, IIE, § 2405(i)
No Effect on Other Jurisdiction and Authorities
P.L. 95-495, §§ 16 & 17
P.L. 98-550, § 505
P.L. 101-628, § 301(g)
P.L. 103-433, § 103(g)
P.L. 106-65, § 3032
P.L. 106-145, § 6(b)
P.L. 107-282, § 211
P.L. 111-11, H, § 1653(b)
P.L. 111-11, K, § 1802(1)
P.L. 111-11, L, § 1851(b)(3)
Land & Rights Acquisition
P.L. 88-577, § 5(c)
P.L. 93-622, § 6(b)
P.L. 97-466, § 4
P.L. 98-425, § 103(c)
P.L. 98-574, § 5
P.L. 100-184, § 9
P.L. 101-628, § 101(i)
P.L. 103-77, § 2(a)(8)
P.L. 104-333, §
1022(b)(4)
Water Rights
No Effect on State Authorities and Water Agreements
P.L. 95-495, § 15
P.L. 96-550, § 102(a)(9)
P.L. 101-628, § 302
P.L. 103-77, § 8(b)
P.L. 103-433, § 203
P.L. 106-353, § 6(l)(2)
P.L. 107-282, § 203(d)
P.L. 108-424, § 204(d)
P.L. 108-447, § 140(d)(8)
P.L. 109-94, § 3(i)
P.L. 109-432, § 324(d)
P.L. 111-11, O, §
1972(b)(9)
P.L. 111-11, IIE, §
2405(h)
Neither Claim Nor Denial of Claim
P.L. 88-577, § 4(d)(7)
P.L. 96-312, § 7(b)
P.L. 98-550, § 502
P.L. 106-399, § 203
P.L. 98-406, § 101(e)(1)
P.L. 98-428, § 302(a)
Reserved Water Rights
P.L. 100-668, § 502
P.L. 101-195, § 8
P.L. 103-433, § 706
P.L. 107-370, § 3(d)
P.L. 101-628, §§ 101(g) &
301(c)
P.L. 102-301, § 3(e)
No Claim on Water—Geographic-Specific Provisions
P.L. 95-237, § 2(e)
P.L. 96-560, § 102(a)(5)
P.L. 98-425, § 101(a)(25)
P.L. 101-628, § 301(c)
P.L. 103-77, §§ 2(a)(13) &
8(g)(1)
P.L. 103-433, § 204
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P.L. 98-550, § 201(c)
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Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
No Claim on Water—General Provisions
P.L. 103-77, § 8(b)
P.L. 106-76, § 10
P.L. 106-353, § 6(l)(2)(A)
P.L. 107-282, § 203(d)
P.L. 108-424, §
204(d)(2)(A)
P.L. 109-94, § 3(i)(A)
P.L. 109-432, §
324(d)(3)(A)
P.L. 110-11F, § 1503(b)(12)
P.L. 111-11, N, § 1952(f)
P.L. 111-11, O, § 1972(b)(9)
Wilderness Study and Release
Intended or Potential Wilderness
P.L. 94-357, §§ 3(d) &
(e)
P.L. 94-544, § 1
P.L. 94-567, § 3
P.L. 95-625, § 403
P.L. 97-250, § 2(a)
P.L. 98-425, §§ 106 & 108
P.L. 100-524, § 2(b)
P.L. 100-668,Title IV (a)(2)
P.L. 102-301, § 2(5)
P.L.103-433, § 601(b)
P.L. 109-362, § 6
P.L. 111-11, B, § 1103
P.L. 111-11, C, § 1202(c)
P.L. 111-11, I, § 1702(c)
P.L. 111-11, L, § 1853(c)
P.L. 111-11, M, § 1902
P.L. 111-11, N, § 1952(c)
Wilderness Study and Review
P.L. 88-577, §§ 3(b) &
(c)
P.L. 90-544, § 604
P.L. 92-400, § 5
P.L. 92-476, § 5(b)
P.L. 92-521, § 4
P.L. 92-528, § 1(a)
P.L. 93-622, § 4 & § 6(a)
P.L. 94-199, § 8
P.L. 94-557, §§ 3(b) &
(d)
P.L. 94-567, § 8
P.L. 94-579, § 603
P.L. 95-150
P.L. 96-487, § 704
P.L. 96-550, § 103
P.L. 96-560, §§ 105 & 106
P.L. 98-323, § 104(e)
P.L. 98-324, § 6
P.L. 98-406, § 102(a)
P.L. 98-425, §§ 102 &
111(e)
P.L. 98-430, § 2
P.L. 98-514, § 5(e)
P.L. 98-550, § 301
P.L. 98-578, § 6
P.L. 98-586, § 6
P.L. 101-628, § 102
P.L. 103-433, § 105
P.L. 105-277, § 610
P.L. 106-399, § 204
P.L. 111-11, B, § 1102(B)
Management During and After Review and Release in a Statewide Statute
P.L. 96-487, § 708
P.L. 96-550, § 104
P.L. 96-560, § 107
P.L. 97-384, § 4
P.L. 97-407, § 5
P.L. 97-466, § 5
P.L. 98-321, § 5
P.L. 98-322, § 105
P.L. 98-323, § 104
P.L. 98-324, § 5
P.L. 98-328, § 7
P.L. 98-339, § 5
P.L. 98-406, § 103
P.L. 98-425, § 111
P.L. 98-428, § 201
P.L. 98-430, § 6
P.L. 98-508, § 4
P.L. 98-514, § 5
P.L. 98-515, § 5
P.L. 98-550, § 401
P.L. 98-574, § 5
P.L. 98-585, § 8
P.L. 98-586, § 5
P.L. 99-197, § 4
P.L. 99-504, § 104
P.L. 100-184, § 6
P.L. 100-499, § 6
P.L. 100-547, § 202
P.L. 101-195, § 5
P.L. 101-401, § 5
P.L. 101-628, § 102
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Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
Management During and After Review and Release of Specific Areas
P.L. 98-140, §§ 3(a)-(c)
P.L. 98-578, § 5
P.L. 99-490, § 5
P.L. 100-326, § 4
P.L. 102-301, § 5
P.L 103-77, § 4
P.L.103-433, § 104(a)
P.L. 106-145, § 5
P.L. 107-282, § 207
P.L. 108-424, § 208
P.L. 109-94, § 3(f)
P.L. 109-163, § 384(i)
P.L. 109-362, § 5
P.L. 109-432, § 328
P.L. 111-11, F, § 1503(a)(1)
P.L. 111-11, G, § 1602(e)
P.L. 111-11, I, § 1703
P.L. 111-11, J, § 1753
P.L. 111-11, K, § 1804
P.L. 111-11, O, § 1972(c)
Prohibited Uses
General Prohibitions
P.L. 88-577, § 4(c)
P.L. 90-532, § 3
Area Closures
P.L. 93-429, § 3
P.L. 106-65, § 3032(i)
P.L. 106-353, § 6(f)
P.L. 107-107, § 1049
P.L. 107-282, § 208(e)
P.L. 108-424, § 209(e)
P.L. 109-362, § 4(k)
P.L. 109-432, § 329(e)
P.L. 111-11, L, §
1853(d)(6)
Withdrawal from Public Land, Mining, Mineral Leasing, Geothermal Leasing,
and/or Mineral Materials Laws
P.L. 88-577, § 4(d)(3)
P.L. 95-495, § 14
P.L. 96-428, § 1
P.L. 98-425, § 306(a)(1)
P.L. 104-333, §
1022(b)(4)
P.L. 106-353, § 6(c)
P.L. 107-282, § 202(d)
P.L. 108-424, § 203(d)
P.L. 109-94, § 3(j)
P.L. 109-163, § 384(b)
P.L. 109-362, § 4(d)
P.L. 109-382, § 104(d)
P.L.109-432, § 323(d)
P.L. 111-11, C, § 1202(i)
P.L. 111-11, F, § 1503(b)(2)
P.L. 111-11, G, § 1602(d)
P.L. 111-11, K, § 1803(d)
P.L. 111-11, L, § 1853(d)(3)
P.L. 111-11, IIE, § 2405(a)
Notes:
P.L. 88-577, P.L. 95-495, P.L. 96-428, P.L. 98-425, and P.L. 104-333 did not explicitly withdraw lands under the
public land laws.
P.L. 95-495 and P.L. 111-11, Subtitle G did not explicitly withdraw lands from the mineral leasing laws.
P.L. 88-577, P.L. 96-428, P.L. 98-425, P.L. 108-424, P.L. 109-382, and P.L. 109-432 did not explicitly withdraw
lands from the mineral materials laws.
Nonconforming Permitted Uses
Access for Management Requirements and Emergencies
P.L. 88-577, § 4(c)
P.L. 90-352, § 3
P.L. 98-406, § 101(a)(23)
P.L. 98-425, § 101(a)(6)
P.L. 101-628, § 101(k)
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Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
Access to Nonfederal Inholdings
P.L. 88-577, § 5(a) & (b)
P.L. 98-406, § 101(a)(23)
P.L. 100-184, § 9
P.L.106-353, § 9
P.L. 106-399, § 202(c)
P.L. 106-456, § 3(b)
P.L. 109-362, § 4(f)
P.L.110-229, § 101(c)(2)
P.L. 111-11, F, §
1503(b)(7)
P.L. 111-11, G, § 1602(c)(5)
P.L. 111-11, I, § 1702(b)(4)
P.L. 111-11, K, § 1803(f)
Fire, Insect, and Disease Control
P.L. 88-577, § 4(d)(1)
P.L. 95-237, § 2(c)
P.L. 96-560, § 109
P.L. 98-425, § 103(b)(2)
P.L. 100-184, § 10
P.L. 100-499, § 16
P.L. 100-547, § 201(c)
P.L. 101-401, § 7
P.L. 101-633, § 8
P.L. 102-301, § 3(b)
P.L. 106-145, § 6(b)
P.L. 107-282, § 209
P.L. 107-370, § 4
P.L. 108-424, § 210
P.L. 109-362, § 4(e)
P.L. 109-432, § 330
P.L. 111-11, C, § 1202(h)
P.L. 111-11, E, § 1405(c)(2)
P.L. 111-11, F, § 1503(b)(9)
P.L. 111-11, K, § 1803(e)
P.L. 111-11, L, §
1853(d)(4)
P.L. 111-11, N, § 1952(g)
P.L. 111-11, O, §
1972(b)(3)
P.L. 111-11, IIE, §
2405(e)(3)
Continued Motorized Uses
P.L. 88-577, § 4(d)(1)
P.L. 93-429, § 2
P.L. 95-495, §§ 4 & 8
P.L. 96-312, § 7(a)(1)
P.L. 96-487, § 103(b)
P.L. 98-425, § 101(a)(7)
P.L. 98-430, § 1(4)
P.L. 102-301, § 2(5)
P.L. 108-447, § 140(d)(2)
P.L. 109-362, § 4(m)
P.L. 110-229, § 10(b)(3) &
(4)
P.L. 111-11, H, §§ 1653(b)
& 1654
P.L. 88-577, § 4(d)(4)(2)
P.L. 96-312, § 7(a)(2)
P.L. 96-550, § 102(a)(5)
P.L. 96-560, § 108 &
H.Rept. 96-617
P.L. 98-406, §§ 101(f)(1)
& 302(b)
P.L. 98-425, §§ 101(a)(2) &
(25) & 103(b)(1)
P.L. 98-428, § 301
P.L. 98-603, § 102(a)
P.L. 99-504, § 102(a)
P.L. 99-584, § 2(b)
P.L. 100-225, § 402(b)
P.L. 101-195, § 6(a)
P.L. 101-628, § 101(f) &
H.Rept. 101-405, App. A
P.L. 103-77, § 3(b)
P.L. 103-433, § 103(c)
P.L. 106-353, § 6(g)(2)
P.L. 106-399, § 202(d)(1)
P.L. 106-554, § 8(d)
P.L. 107-282, § 203(b)
P.L. 107-370, § 3(b)
P.L. 108-424, § 204(b)
P.L. 109-94, § 3(g)
P.L. 109-163, § 384(g)
P.L. 109-362, § 4(b)
P.L. 109-432, § 324(b)
P.L. 111-11, E, § 1405(c)(3)
P.L. 111-11, F, § 1503(b)(3)
P.L. 111-11, G, § 1602(c)(3)
P.L. 111-11, I, §
1702(b)(3)
P.L. 111-11, J, § 1752(b)(3)
P.L. 111-11, K, § 1803(h)
P.L. 111-11, L, § 1853(d)(5)
P.L. 111-11, O, §
1972(b)(2)
P.L. 111-11, IIE, §
2405(b)(2)
Livestock Grazing
Study of Grazing Regulations, Policies, and Practices
P.L. 98-406, § 101(f)(2)
P.L. 98-428, § 301(b)
P.L. 101-195, § 6(b)
P.L. 101-628, § 101(f)(2)
Congressional Research Service
P.L. 98-550, § 501
P.L. 99-504, § 102(b)
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Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
Access for Water Infrastructure
P.L. 88-577, § 4(d)(4)(1)
P.L. 91-82, § 3
P.L. 95-237, § 2(i)
P.L. 95-495, § 13
P.L. 96-312, § 7(a)(4)
P.L. 96-560, § 102(a)(17)
P.L. 96-585, § 1(d)
P.L. 98-428, § 302(b)
P.L. 98-603, § 109
P.L. 100-668, § 202
P.L. 101-628, §§ 101(a)(3)
& 101(l)
P.L. 103-77, §§ 8(d)(4), (e),
& (f)
P.L. 107-370, § 7
P.L. 111-11, M, §
1902(1)(C)
Prohibition on New Water Infrastructure
P.L. 103-77, § 8(c)
P.L. 107-282, § 203(d)(4)(B)
P.L. 109-432, §
324(d)(5)(B)
P.L. 111-11, IIE, §
2405(h)(3)
P.L. 108-424, § 204(d)(4)(B)
P.L. 109-94, § 3(i)(4)(B)
Access for Other Infrastructure
Meteorological, Hydrological, and Related Infrastructure
P.L. 98-406, § 101(a)(13)
P.L. 98-428, § 305
P.L. 101-195, § 10
P.L. 107-282, § 210
P.L. 108-424, § 211
P.L. 109-118, § 3(d)
P.L. 109-362, § 4(g)
P.L. 109-432, § 331
P.L. 110-229, § 101(b)(3)
P.L. 111-11, M, § 1903(c)
P.L. 111-11, O, §
1972(b)(8)
Other Infrastructure
P.L. 98-322, § 104(c)
P.L. 100-547, § 201(d)
P.L. 100-668, §§ 102 & 302
P.L. 101-628, § 101(a)(20)
P.L. 103-433, § 102(1)
P.L. 106-156, § 2(d)
P.L. 109-382, § 213(c)
P.L. 110-229, § 101(b)(5)
P.L. 111-11, M, §
1902(1)(B)
Access for Fish and Wildlife Management Activities
P.L. 98-550, § 201(a)(11)
P.L. 101-628
H.Rept 101-405, App. B
P.L. 102-301, § 3(c)
P.L. 103-433, § 103(f)
P.L. 107-282, § 208
P.L. 108-424, § 209
P.L. 109-362, § 4(j)(1)
P.L. 109-382, § 213(b)
P.L. 109-432, § 329
P.L. 111-11, F, § 1503(b)(8)
P.L. 111-11, K, § 1803(i)(1)
P.L. 111-11, O, § 1972(b)
Low-Level Military Overflights
P.L. 101-195, § 11
P.L. 101-628, §§ 101(h) &
301(f)
P.L. 103-433, § 802
P.L. 107-282, § 205(a)
P.L. 107-370, § 5
P.L. 108-424, § 206
P.L. 109-362, § 4(h)
P.L. 109-432, § 326
P.L. 111-11, F, §
1503(b)(11)
P.L. 111-11, K, § 1803(g)
P.L. 111-11, L, § 1853(d)(7)
P.L. 111-11, O, §
1972(b)(5)
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Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
Access for Mineral Activities
P.L. 88-577, §§ 4(d)(2) &
(3)
P.L. 95-237, § 4(g)
P.L. 96-312, § 5(d)
P.L. 98-425, § 110
P.L. 98-428, § 304
P.L. 103-433, § 106
P.L. 104-333, § 1022(a)(4)
P.L. 106-456, § 3(a)
Access for Other Specific Activities
Commercial Activities
P.L. 88-577, § 4(d)(6)
P.L. 96-312, § 7(a)(3)
P.L. 111-11, A, § 1001(c)
P.L. 111-11, K, § 1803(j)
& (k)
P.L. 111-11, M, § 1903(e)
P.L. 111-11, F, § 1503(b)(6)
Cemeteries
P.L. 97-384, § 3
P.L. 101-633, § 9
Rights-of-Way
P.L. 95-249, § 4
P.L. 98-425, § 101(a)(24)
P.L. 103-433, § 102(13)
Tribal Uses
P.L. 107-282, § 206
P.L. 108-424, § 207
P.L. 111-11, L, §
1853(d)(6)
P.L. 111-11, O, § 1972(b)(7)
Congressional Research Service
P.L. 109-362, § 4(k)
P.L. 109-432, § 327
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Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
Appendix B. Individual Statutes
This is a chronological list of statutes, or titles or subtitles within a statute, that designate
wilderness areas, including the management provisions and any exceptions to general wilderness
management for particular areas.22 Be aware that, except for the Wilderness Act itself, these
wilderness statutes are generally not codified; a collected set of the statutes can be found at
http://www.wilderness.net/index.cfm?fuse=docmap.
P.L. 88-577—the Wilderness Act
§ 2—defines wilderness and identifies the purpose of wilderness designation as protecting
“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.”
§ 3(a)—designates “all areas within the national forests classified … as ‘wilderness’, ‘wild’, or
‘canoe’ … as wilderness areas,” establishing 54 new USFS wilderness areas totaling 9,139,721
acres in 13 states.
§ 3(b)—directs the Secretary of Agriculture, “within ten years after the enactment” to review “as
to its suitability or nonsuitablity for preservation as wilderness, each area … classified … as
‘primitive.’” Recommendations from the President are to be presented within three years for at
least 1/3 of the primitive areas and within seven years for at least 2/3 of the primitive areas.
Directs management of the primitive areas to continue under existing rules and regulations.
§ 3(c)—directs the Secretary of the Interior to 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.” Recommendations from the President are to be presented within three years for at
least 1/3 of the areas reviewed and within seven years for at least 2/3 of the areas reviewed.
§ 4(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 …
and, except as necessary to meet minimum requirements for the administration of the area …
(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 or mechanical transport, and no structure or
installation within any such area.”
§ 4(d)(1)—“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 … deems desirable.”
§ 4(d)(1)—“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.”
22
Statutes with only minor boundary adjustments have been excluded. A few additional substantive bills that do not
designate wilderness areas, such as wilderness study bills and wilderness area management legislation, have been
included.
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Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
§ 4(d)(2)—“nothing in this Act shall prevent … 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.”
§ 4(d)(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 … [each] ‘wilderness area’; subject,
however, to such reasonable regulations … as may be prescribed … consistent with the use of the
land for mineral location and development. … Mineral leases, permits, and licenses … shall
contain such reasonable stipulations as may be prescribed … for the protection of the wilderness
character of the land consistent with the [lease, permit, or license]. Subject to valid rights then
existing, effective January 1, 1984, the minerals in … wilderness areas are withdrawn from all
forms of appropriation under the mining laws and from disposition under all laws pertaining to
mineral leasing.”
§ 4(d)(4)(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.”
§ 4(d)(4)(2)—“the grazing 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.”
§ 4(d)(5)—“nothing in this Act shall preclude the continuance within the [Boundary Waters
Canoe] area of any already established use of motorboats.”
§ 4(d)(6)—“commercial services may be performed within the wilderness areas … to the extent
necessary for activities which are proper for realizing the recreational or other wilderness
purposes.”
§ 4(d)(7)—“nothing in this Act shall constitute an express or implied claim or denial on the part
of the Federal Government as an exemption from State water laws.”
§ 4(d)(8)—“nothing in this Act shall be construed as affecting the jurisdiction or responsibilities
of the several States with respect to wildlife and fish.”
§ 5(a)—“in any case where State-owned or privately owned land is completely surrounded by …
wilderness, such State or private owner shall be given such rights as may be necessary to assure
adequate access … or the … land shall be exchanged for federally owned land in the same State
of approximately equal value.”
§ 5(b)—“in any case where valid mining claims or other valid occupancies are wholly within a
designated … wilderness area, the Secretary … 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 customarily enjoyed with respect to other such areas
similarly situated.”
§ 5(c)—“the Secretary is authorized to acquire privately owned land within the perimeter of any
… wilderness if (1) the owner concurs in such acquisition or (2) the acquisition is specifically
authorized by Congress.”
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Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
P.L. 90-271—San Raphael Wilderness
§ 1—designates one new USFS wilderness area with 143,000 acres in California.
§ 3—directs management in accordance with the provisions of the Wilderness Act.
P.L. 90-318—San Gabriel Wilderness
§ 1—designates one new USFS wilderness area with 36,000 acres in California.
§ 3—directs management in accordance with the provisions of the Wilderness Act.
P.L. 90-532—Great Swamp Wilderness
§ 1—designates one new FWS wilderness area with 3,750 acres in New Jersey.
§ 3—“except as necessary to meet minimum requirements … (including measures required in
emergencies involving the health and safety of persons within the area), there shall be no
commercial enterprise, no temporary or permanent roads, no use of motor vehicles, motorized
equipment or motorboats, no landing of aircraft, no other form of motorized transport, and no
structure or installation within the area.”
P.L. 90-544—North Cascades National Park, Recreation, and
Wilderness Areas, Title VI
§ 601(a)—designates one new USFS wilderness area (with about 500,000 acres) in Washington.
§ 602—designates one USFS wilderness area addition (with about 10,000 acres) in Washington.
§ 604—requires a review of the wilderness potential of “the area within the North Cascades
National Park” and recommendations to the President within two years.
P.L. 90-548—Mount Jefferson Wilderness
§ 1—designates one new USFS wilderness area with “approximately 100,000 acres” in Oregon.
§ 3—directs management in accordance with the provisions of the Wilderness Act.
P.L. 91-58—Ventana Wilderness
§ 1—designates one new USFS wilderness area with 98,000 acres in California.
§ 3—directs management in accordance with the provisions of the Wilderness Act.
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Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
P.L. 91-82—Desolation Wilderness
§ 1—designates one new USFS wilderness area with 63,000 acres in California.
§ 3—directs management in accordance with the provisions of the Wilderness Act. “Owners and
operators of existing federally licensed hydroelectric facilities shall have the right of reasonable
access to the areas for purposes of operating and maintaining such facilities in a manner that is
consistent with past practices without prior approval of the Secretary.”
P.L. 91-504—to designate wilderness areas
§ 1—designates 20 new FWS wilderness areas totaling 99,025 acres in 10 states.
§ 2—designates two new NPS wilderness areas totaling 93,503 acres in two states.
§ 3—designates one new USFS wilderness area with 7,000 acres in one state.
§ 5—directs management in accordance with the provisions of the Wilderness Act.
P.L. 92-230—Pine Mountain Wilderness
§ 1—designates one new USFS wilderness area with 19,700 acres in Arizona.
§ 3—directs management in accordance with the provisions of the Wilderness Act.
P.L. 92-241—Sycamore Canyon Wilderness
§ 1—designates one new USFS wilderness area with 48,500 acres in Arizona.
§ 3—directs management in accordance with the provisions of the Wilderness Act.
P.L. 92-364—Cedar Keys Wilderness
§ 1—designates one new FWS wilderness area in Florida.
§ 3—directs management in accordance with the provisions of the Wilderness Act.
P.L. 92-395—Scapegoat Wilderness
§ 1—designates one new USFS wilderness area with 240,000 acres in Montana.
§ 3—directs management in accordance with the provisions of the Wilderness Act.
P.L. 92-400—Sawtooth National Recreation Area and Wilderness
§ 1(b)—designates one new USFS wilderness area in Idaho.
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Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
§ 2(b)—directs management in accordance with the provisions of the Wilderness Act.
§ 5—requires a review of the wilderness suitability of “the undeveloped and unimproved portion”
of the recreation area.
P.L. 92-476—Washakie Wilderness
§ 1—designates one new USFS wilderness area with 208,000 acres in Wyoming.
§ 5—designates a special management area; requires a study of the wilderness potential of that
area and recommendations within five years.
P.L. 92-493—Lava Beds Wilderness
§ 1—designates one new NPS wilderness area with 28,460 acres in California.
§ 3—directs management in accordance with the provisions of the Wilderness Act.
P.L. 92-510—Lassen Volcanic Wilderness
§ 1—designates one new NPS wilderness area with 78,982 acres in California.
§ 3—directs management in accordance with the provisions of the Wilderness Act.
P.L. 92-521—Eagle Cap Wilderness Addition
§ 1—designates additions to one USFS wilderness area with 72,420 acres in Oregon.
§ 3—directs management in accordance with the provisions of the Wilderness Act.
§ 4—designates one USFS wilderness study area with 32,000 acres in Oregon, with
recommendations within five years.
P.L. 92-528—Indian Peaks Wilderness Study
§ 1(a)—designates one USFS wilderness study area with 71,000 acres in Colorado.
P.L. 93-429—Okefenokee Wilderness
§ 1—designates one new FWS wilderness area with 343,850 acres in Georgia.
§ 2—“subject to such restrictions as the Secretary deems necessary for public safety and to
protect flora and fauna, (1) the use of powered watercraft, propelled by motors of ten or less
horsepower, will be permitted, (2) watercraft trails … will be maintained.” Authorizes access to
the watercraft trails from four specific entry points.
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§ 3—authorizes fishing, and allows zones and periods of no fishing “for reasons of public safety,
administration, fish and wildlife management, or public use and enjoyment.”
§ 5—directs management in accordance with the provisions of the Wilderness Act.
P.L. 93-550—Farallon Wilderness
§ 101—designates one new FWS wilderness area with 141 acres in California.
§ 102—directs management in accordance with the provisions of the Wilderness Act.
P.L. 93-622—the Eastern Wilderness Act
§ 3—designates 16 new USFS wilderness areas totaling 206,988 acres in 13 states.
§ 4(b)—designates 17 USFS wilderness study areas totaling 125,000 acres in nine states.
§ 4(c)—requires a review of the study areas and recommendations to Congress within five years.
§ 6(a)—directs management of the wilderness areas in accordance with the provisions of the
Wilderness Act. Directs management of the study areas “to maintain their presently existing
wilderness character and potential … until Congress has determined otherwise, except that such
management requirement shall in no case extend beyond the expiration of the third succeeding
Congress from the date of submission to Congress of the President’s recommendations.”
§ 6(b)(1)—“the Secretary may acquire by purchase with donated or appropriated funds, by gift,
exchange, condemnation, or otherwise, such lands, waters, or interests therein as he determines
necessary or desirable.”
§ 6(b)(3)—“the authority of the Secretary … to condemn any private land or interest therein …
shall not be invoked so long as the owner or owners of such land or interest holds and uses it in
the same manner and for those purposes for which such land or interest was held on the date of
the designation …: Provided, however, That the Secretary … may acquire such land or interest
without consent … whenever he finds such use to be incompatible with the management of such
area as wilderness and the owner or owners manifest unwillingness, and subsequently fail, to
promptly discontinue such incompatible use.”
§ 6(b)(4)—requires 60 days notice of any ownership transfer for inholdings.
§ 6(b)(5)—requires 60 days notice for inholdings of “any change in the use … which will result
in any significant new construction or disturbance of land surface or flora or will require the use
of motor vehicles and other forms of mechanized transport or motorized equipment (except as
otherwise authorized by law for ingress or egress or for existing agricultural activities begun
before the date of the designation other than timber cutting).”
§ 6(b)(7)—as a condition of transfer, owners may “retain for themselves and their successors or
assigns a right of use and occupancy of the property for such noncommercial residential purpose
or agricultural activity for twenty-five years.”
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§ 6(b)(8)—“a right of use or occupancy retained … may be terminated with respect to the entire
property by the Secretary … upon his determination that the property or any portion thereof has
ceased to be used for such noncommercial residential purpose or agricultural activity.”
P.L. 93-632—to designate wilderness areas
§ 1—designates 13 new FWS wilderness areas totaling 116,006 acres in 10 states.
§ 2—designates four new USFS wilderness areas totaling 604,500 acres in three states.
§ 5—directs management in accordance with the provisions of the Wilderness Act.
P.L. 94-146—Flat Tops Wilderness
§ 1—designates one new USFS wilderness area with 235,230 acres in Colorado.
§ 3—directs management in accordance with the provisions of the Wilderness Act.
P.L. 94-199—Hells Canyon National Recreation Area & Wilderness
§ 2(a)—designates one new USFS wilderness area in Idaho and Oregon.
§ 2(b)—directs management in accordance with the provisions of the Wilderness Act.
§ 8(d)—requires a review of the wilderness suitability of three specified areas and
recommendations within five years. Directs management of the areas “so as not to preclude their
possible future designation by the Congress as wilderness.”
P.L. 94-268—wilderness boundary adjustment
§ 1—reduces one USFS wilderness area with 6,500 acres in Vermont (designated in P.L. 93-622,
§ 3(a)(10)) by deleting the area (§ 1(a)) and then designating a new area of 3,775 acres (§
1(b)(2)).
§ 1(b)(1)—redesignates one USFS wilderness area in Georgia and Tennessee, with the same
acreage as enacted in § 3(b) of P.L. 93-622.
P.L. 94-352—Eagles Nest Wilderness
§ 1—designates one new USFS wilderness area with 133,900 acres in Colorado.
§ 3—directs management in accordance with the provisions of the Wilderness Act.
P.L. 94-357—the Alpine Lakes Area Management Act of 1976
§ 3(a)—designates one new USFS wilderness area and one USFS “Intended Wilderness” in
Washington.
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§ 3(c)—directs management the wilderness areas in accordance with the provisions of the
Wilderness Act.
§ 3(d) & (e)—adds the “Intended Wilderness” after acquisition of “the adjacent non-Federal
lands, interests or other property.”
P.L. 94-544—Point Reyes Wilderness
§ 1—designates one new NPS wilderness area with 25,370 acres and one potential NPS
wilderness addition of 8,003 acres in California.
§ 3—directs management of the wilderness area in accordance with the provisions of the
Wilderness Act.
P.L. 94-557—to designate wilderness areas
§ 1—designates 16 new FWS wilderness areas totaling 155,156 acres in 11 states.
§ 2—designates three new USFS wilderness areas totaling 232,415 acres in three states.
§ 3(b)—designates eight USFS wilderness study areas totaling 587,364 acres in three states.
Requires a review and recommendations to Congress within 19 months (one area), two years
(three areas), or five years (four areas).
§ 3(d)—directs management of the study areas “subject to valid existing rights, … until Congress
has determined otherwise, … to maintain their presently existing wilderness character and
potential …, except that such management requirement shall in no case extend beyond a period of
four years from the date of submission to Congress of the President’s recommendation. …
Already established uses may be permitted to continue, subject to such restrictions as the
Secretary of Agriculture deems desirable, in the manner and degree which the same was being
conducted on the date of enactment.”
§ 6—directs management of the wilderness areas in accordance with the provisions of the
Wilderness Act.
P.L. 94-567—to designate wilderness areas
§ 1—designates 13 new NPS wilderness areas totaling 919,268 acres in eight states and eight
potential NPS wilderness area additions totaling 53,506 acres in six states.23
§ 3—adds the potential wilderness “upon publication in the Federal Register of a notice by the
Secretary of the Interior that all uses thereon prohibited by the Wilderness Act have ceased.”
§ 6—directs management of wilderness areas in accordance with the provisions of the Wilderness
Act.
23
This repeats the designation of one NPS wilderness area with 25,370 acres and one potential wilderness addition with
8,003 acres in California designated in P.L. 94-544.
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§ 8—deletes 6,497 acres from one USFS wilderness area in Wyoming; designates it as a primitive
area and requires a review of its wilderness potential.
P.L. 94-579—the Federal Land Policy and Management Act of 1976
§ 603(a)—requires a review of the wilderness potential of “those roadless areas of five thousand
acres or more and roadless islands of the public lands” (defined in § 103(e) as lands administered
by the BLM).
§ 603(c)—directs management of those identified wilderness study areas (WSAs) “until Congress
has determined otherwise, … in a manner so as not to impair the suitability of such areas for
preservation as wilderness, subject, however, to the continuation of existing mining and grazing
uses and mineral leasing in the manner and degree in which the same were being conducted”
prior to their identification as WSAs.
P.L. 95-150—the Montana Wilderness Study Act of 1977
§ 2(a)—designates nine USFS wilderness study areas totaling 973,000 acres in Montana.
§ 2(b)—requires a review and recommendations to Congress within seven years.
§ 3(a)—directs management of the study areas “subject to existing private rights, … until
Congress determines otherwise, … to maintain their presently existing wilderness character.”
§ 3(b)—states that the statute is to have no effect on state jurisdiction over or responsibilities for
fish and wildlife.
P.L. 95-237—the Endangered American Wilderness Act of 1978
§ 2—designates 10 new USFS wilderness areas and one USFS wilderness area addition totaling
710,267 acres in seven states.
§ 2(c)—“to guarantee the continued viability of the Santa Lucia watershed and to insure the
continued health and safety of the communities serviced by such watershed, the management plan
for the Santa Lucia area to be prepared following designation as wilderness shall authorize the
Forest Service to take whatever appropriate actions are necessary for fire prevention and
watershed protection including, but not limited to, acceptable fire presuppression and fire
suppression measures and techniques.”
§ 2(e)—establishes “no right, or claim of right, to the diversion and use of the waters of Hunter
Creek, the Fryingpan or Roaring Fork Rivers, or any tributaries of said creed or rivers, by the
Fryingpan-Arkansas Project … shall be prejudiced, expanded, diminished, altered, or affected by
this Act. Nothing in this Act shall be construed to expand, abate, impair, impede, or interfere with
the construction, maintenance, or repair of said Fryingpan-Arkansas Project facilities, not the
operation thereof.”
§ 2(i)—authorizes “whatever sanitary facilities are necessary (including but not limited to vault
toilets, which may require service by helicopter) to insure the continued health and safety of the
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communities serviced by the Lone Peak watershed; furthermore, nothing in this Act shall be
construed to limit motorized access and road maintenance by local municipalities for those
minimum maintenance activities necessary to guarantee the continued viability of whatsoever
watershed facilities currently exist, or which may be necessary in the future to prevent the
degradation of the water supply in the Lone Peak area.”
§ 3—Oregon Omnibus Wilderness Act of 1978.
Designates two new USFS wilderness areas and three USFS wilderness area additions totaling
387,100 acres in Oregon.
§ 4—Gospel-Hump Area.
§ 4(a)(1)—designates one new USFS wilderness area with 206,000 acres in Idaho.
§ 4(g)—provides that “nothing in this Act shall prevent within the Gospel-Hump Wilderness Area
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.”
§ 5—directs management in accordance with the provisions of the Wilderness Act, subject to
valid existing rights.
P.L. 95-249—Absaroka-Beartooth Wilderness
§ 1—designates one new USFS wilderness area with 904,500 acres in Montana.
§ 3—directs management in accordance with the provisions of the Wilderness Act.
§ 4—states that the statute is to have no effect on any claim by two counties to a specific right-ofway.
P.L. 95-450—the Indian Peaks Wilderness Area, the Arapaho
National Recreation Area and the Oregon Islands Wilderness Area
Act
§ 3(a)—designates one new USFS wilderness area with 70,000 acres in Colorado.
§ 3(b)—directs management in accordance with the provisions of the Wilderness Act.
§ 12(a)—designates one new FWS wilderness areas with 459 acres in Oregon.
§ 12(b)—directs management in accordance with the provisions of the Wilderness Act.
P.L. 95-494—Wisconsin Wilderness
§ 1—designates two new USFS wilderness areas totaling 13,201 acres in Wisconsin.
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§ 3—directs management in accordance with the provisions of the Wilderness Act.
P.L. 95-495—Boundary Waters Canoe Area Wilderness
§ 3—designates one new USFS wilderness area with 1,075,500 acres in Minnesota.
§ 4(a)—directs management in accordance with the provisions of the Wilderness Act.
§§ 4(c) & (d)—identify lakes where the use of motors up to the specified horsepower are
permitted and allow mechanized portages in specified areas.
§ 4(e)—allows use of snowmobiles, within limited sizes, in specified areas.
§ 4(f)—specifies entry point quotas for motorboats on the authorized lands.
§ 4(g)—permits continued motor vehicle assistance in certain portages until January 1, 1984, and
thereafter if “there is no feasible nonmotorized means of transporting boats across the portages.”
§ 4(h)—limits all motorized uses to “those types of snowmobiles, motorboats, and vehicles which
have been in regular use” prior to enactment.
§ 4(i)—prohibits motorized use except as specified and for emergencies and administration.
§ 8—incorporates the “provisions of Executive Order 10092” concerning an existing airspace
reservation.
§ 11(a)—withdraws the area from mining and mineral exploration.
§ 13—permits the maintenance of a particular dam and of “other existing water control structures
only where … necessary to protect wilderness values or public safety.”
§ 14—directs that state jurisdiction over or responsibilities for fish and wildlife are unaffected.
§ 15—states that the statute is to have no effect on state jurisdiction over or responsibilities for
waters, “except to the extent that the exercise of such jurisdiction is less stringent that the
Secretary’s regulations.” Requires that “any regulations … be complementary to, and not in
derogation of regulations issued by the United States Coast Guard.”
§ 16(a)—requires cooperation with the state “and any political subdivisions thereof.”
§ 17—states that the statute is to have no effect on any treaty.
§ 18—authorizes and directs the Secretary “to expedite and intensify the program of dispersed
outdoor recreation development, … [including] additional snowmobile trails, … remote
campsites, … lack access and parking facilities, [and] … a system of new hiking, backpacking,
and cross-country ski trails.”
§ 19(b)—authorizes grants for “educational and technical assistance to businesses and
communities adjacent … to improve economic opportunities for tourism and recreation-related
businesses in a manner which is complementary to the management of the wilderness.”
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P.L. 95-546—Great Bear Wilderness
§ 1—designates one new USFS wilderness area with 285,771 acres and one USFS wilderness
addition with 60,000 acres in Montana.
§ 3—directs management in accordance with the provisions of the Wilderness Act.
P.L. 95-625—the National Parks and Recreation Act of 1978, Title IV
§ 401—designates eight new NPS wilderness areas totaling 1,854,395 acres in eight states and six
potential NPS wilderness area additions totaling 94,139 acres in six states.
§ 403—adds the potential wilderness “upon publication in the Federal Register of a notice by the
Secretary that all uses thereon prohibited by the Wilderness Act have ceased.” Directs
management “insofar as practicable as wilderness.”
§ 404—directs management in accordance with the provisions of the Wilderness Act.
P.L. 96-248—Sandia Mountain Wilderness Addition
§ 1—expands one USFS wilderness area in New Mexico and withdraws the additional area from
the mining and mineral leasing laws.
P.L. 96-312—the Central Idaho Wilderness Act of 1980
§ 3—designates one new USFS wilderness area with 2,239,000 acres in Idaho.
§ 4—designates one USFS wilderness area addition with 105,600 acres in Idaho.
§ 5(a)—requires “a comprehensive wilderness management plan” within three years.
§ 5(c)—directs management in accordance with the provisions of the Wilderness Act, subject to
valid existing rights.
§ 5(d)(1)—establishes within the wilderness area the “Special Mining Management Zone—Clear
Creek,” and directs that “all prospecting and exploration for, and development or mining of cobalt
and associated minerals shall be considered a dominant use of such lands.”
§ 5(d)(1)(A)—“all mining locations and associated access roads shall be held and used solely for
mining and minerals processing operations and uses reasonably incident thereto,” except that the
state may use the access roads “to facilitate the management of the bighorn sheep” in the zone.
§ 5(d)(1)(B)—directs that mining law patents convey title only to the minerals; provides “the
right to cut and use as much of the mature timber therefrom as may be needed in the extraction,
removal and beneficiation of the mineral deposits, if such needed timber is not otherwise
reasonably available, and if such timber is cut under sound principles of forest management;” and
provides the patentee “the right to use as much of the surface as reasonably necessary for the
mining, removal, extraction, of beneficiation of the mineral deposits.”
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§ 5(d)(1)(C)—requires “all reasonable measures to see that the mining or processing of cobalt …
does not significantly impair the overall habitat of bighorn sheep.”
§ 7(a)(1)—allows “the landing of aircraft, where this use has become established prior to the date
of enactment … to continue subject to such restrictions as the Secretary deems desirable.”
Prohibits the Secretary from acting to “permanently close or render unserviceable any aircraft
landing strip in regular use … for reasons other than extreme danger to aircraft.”
§ 7(a)(2)—allows continued livestock grazing where “established before the date of enactment …
subject to such reasonable regulations as the Secretary deems necessary” in accordance with the
Wilderness Act.
§ 7(a)(3)—authorizes “commercial services … to the extent necessary for activities which are
proper for realizing the recreational or other wilderness purposes.”
§ 7(a)(4)—authorizes “future construction and maintenance of small hydroelectric generators,
domestic water facilities, and related facilities” in two drainages.
§ 7(b)—provides that nothing “shall constitute an express or implied claim or denial on the part
of the Federal Government as to exemption from State water laws.”
§ 7(c)—directs that state jurisdiction over and responsibilities for fish and wildlife are unaffected.
P.L. 96-476—the Rattlesnake National Recreation Area and
Wilderness Act of 1980
§ 2(a)—designates one new USFS wilderness area with 33,000 acres in Montana.
§ 2(b)—directs management in accordance with the provisions of the Wilderness Act, subject to
valid existing rights.
P.L. 96-487—the Alaska National Interest Lands Conservation Act
§ 701—designates eight new NPS wilderness areas totaling 32,355,000 acres in Alaska.
§ 702—designates eight new FWS wilderness areas totaling 18,560,000 acres in Alaska.
§ 703(a)—designates 14 new USFS wilderness areas totaling 5,761,499 acres in Alaska.
§ 703(b)—allows continued use of existing mechanized portage equipment at one site.
§ 704—designates one USFS wilderness study area in Alaska, with recommendations within
three years.
§ 707—directs management of the wilderness areas in accordance with the Wilderness Act.
§ 708—provides statewide USFS release language, except for the area identified in § 704.
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P.L. 96-550—New Mexico Wilderness
§ 102(a)—designates eight new USFS wilderness areas and four USFS wilderness area additions
totaling 609,060 acres in New Mexico.
§ 102(a)(5)—states that the statute is to have no effect on additional fencing or grazing levels in
one unit.
§ 102(a)(9)—states that the statute is to have no effect on “the management of, or rules,
regulations and law applying to the Santa Fe Municipal Watershed” in one unit.
§ 102(d)—directs management in accordance with the provisions of the Wilderness Act, subject
to valid existing rights.
§ 103—designates six USFS wilderness study areas with 117,530 acres in New Mexico, with
recommendations by January 1, 1986. Directs management of the areas “until Congress
determines otherwise … so as to maintain their presently existing wilderness character … [but]
current levels of motorized and other uses shall be permitted to continue such to … reasonable
rules and regulations.”
§ 104—provides statewide USFS release language, except for the area identified in § 103.
§ 105—states that the statute creates no buffer zone.
P.L. 96-560—Colorado Wilderness
§ 102(a)—designates 14 new USFS wilderness areas and six USFS wilderness area additions
totaling 1,423,130 acres in Colorado.
§ 102(a)(5)—establishes “no right, or claim of right, to the diversion and use of existing
conditional water rights for the Homestake Water Development project by the cities of Aurora
and Colorado Springs shall be prejudiced, expanded, diminished, altered, or affected by this Act.
Nothing in this Act shall be construed to expand, abate, impair, impede, or interfere with the
construction, maintenance or repair of said project, not the operation thereof.”
§ 102(a)(17)—allows “motorized access and the use of motorized equipment used for the
periodic maintenance and repair of the McGuire Water Transmission Line ditch.”
§ 103—designates one new USFS wilderness area with 10,700 acres in South Dakota; “the
provisions of the Act designating the Custer State Park Sanctuary … shall also apply … to the
extent they are not inconsistent with the provisions of the Wilderness Act.”
§ 104(b)—directs management in accordance with the provisions of the Wilderness Act, subject
to valid existing rights.
§ 105(a)—designates nine USFS wilderness study areas totaling 477,400 acres in Colorado, with
recommendations within three years.
§ 105(b)—designates one joint USFS-BLM study of 14,000 acres in Colorado, with
recommendations within three years. The study must consider a range of values, several possible
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land designations (including wilderness), the effect of various options on local and national
economic activities, and access to the area.
§ 105(c)—directs management of the study areas “to maintain their presently existing wilderness
character and potential” until Congress determines otherwise, but “grazing of livestock and oil,
gas, or mineral exploration and development activities” shall be administered under laws
generally applicable to USFS lands.
§ 106(a)—designates one additional USFS wilderness study area with 5,500 acres in Colorado,
with recommendations within three years.
§ 106(b)—directs management of the study areas “to maintain their presently existing wilderness
character and potential” for up to “two years from the date of submission” of the
recommendation, with “oil, gas, or mineral exploration and development operations” permitted
under the terms of the Wilderness Act.
§ 107—provides statewide USFS release language, except for areas identified in §§ 105 & 106.
§ 108—“declares that … [for] livestock grazing in National Forest wilderness areas, the
provisions of the Wilderness Act shall be … administered in accordance with the guidelines
contained” in H.Rept. 96-617.
§ 109—requires a review of “all practices, policies, and regulations … regarding disease or insect
outbreaks, forest fires, and the use of modern suppression methods and equipment … to insure
that—(a) such policies, practices, and regulations fully conform with and implement the intent of
Congress” as expressed in the Wilderness Act, “and (b) policies, practices, and regulations are
developed that will allow timely and efficient fire, insect, and disease control, to provide, to the
extent reasonably practicable, adequate protection of adjacent [lands].”
§ 110—states that the statute creates no buffer zone.
§ 201—designates nine new USFS wilderness areas with 50,070 acres in three states.
§ 203—directs management in accordance with the provisions of the Wilderness Act, subject to
valid existing rights.
H. Rept. 96-617 to accompany H.R. 5487 (P.L. 96-560)—Grazing in National
Forest Wilderness Areas
Pages 10-13 of the report express the Committee’s concern that the intent of the Wilderness Act
language authorizing continued livestock grazing in wilderness was not being implemented
appropriately. The Committee “declined to amend section 4(d)(4)(2) of the Wilderness Act,
opting instead for a reaffirmation of the … language in section 5 of H.R. 5487 and for the
following nationwide guidelines and specific statements of legislative policy.” The report
includes five guidelines:
1. Do not curtail or “phase-out” grazing simply because the area has been designated wilderness.
2. Allow maintenance of supporting facilities, including with motorized equipment when
necessary.
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3. Require “natural materials” to replace or reconstruct deteriorated facilities only if it would
impose unreasonable additional costs.
4. Allow replacements or new improvements if primarily for resource protection.
5. Allow use of motorized equipment for emergencies.
P.L. 96-585—Otis Pike Fire Island High Dune Wilderness
§ 1(a)—designates one new NPS wilderness area with 1,363 acres in New York.
§ 1(d)—provides that the designation “shall not preclude the repair of breaches that occur in the
wilderness area, in order to prevent loss of life, flooding, and other severe economic and physical
damage to the Great South Bay and surrounding areas.”
P.L. 97-211—Florida Keys Wilderness Addition
§ 1—adds 73 acres to an existing FWS wilderness in Florida after the lands have been added to
the National Wildlife Refuge System.
§ 2—deletes 25 acres (one island) from the FWS wilderness in Florida.
§ 4—directs management in accordance with the Wilderness Act, subject to valid existing rights.
P.L. 97-250—Cumberland Island Wilderness
§ 2(a)—designates one new NPS wilderness area with 8,840 acres in Georgia. Also designates
potential NPS wilderness with 11,718 acres, to be added (in whole or piecemeal) when the
Secretary publishes a Federal Register notice that uses prohibited by the Wilderness Act have
ceased.
§ 2(c)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
P.L. 97-384—Charles C. Deam Wilderness
§ 1—designates one new USFS wilderness area with 12,953 acres in Indiana.
§ 2—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 3—states that the statute is to have no effect on “the right of public access to cemeteries” and
access to privately owned lands surrounded by wilderness, in accordance with the Wilderness
Act.
§ 4—provides statewide USFS release language.
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P.L. 97-407—Paddy Creek Wilderness
§ 2—designates one new USFS wilderness area with 6,888 acres in Missouri.
§ 4—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 5—provides statewide USFS release language.
P.L. 97-411—Cheaha Wilderness
§ 2(a)—designates one new USFS wilderness area with 6,780 acres in Alabama.
§ 2(b)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
P.L. 97-466—Monongahela Wilderness
§ 1—designates three new USFS wilderness areas totaling 47,800 acres in West Virginia.
§ 3—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 4—requires acquisition of “all nonfederally owned coal deposits and other mineral interests and
rights” in exchange for credit that can be used for federal coal leases elsewhere.
§ 5—provides statewide USFS release language.
P.L. 98-140—the Lee Metcalf Wilderness and Management Act of
1983
§ 2(a)—designates one new USFS/BLM wilderness area with 259,000 acres in Montana.
§ 2(b)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 3(a)-(c)—provides USFS and BLM release language for specified areas.
§ 3(d)—revises the boundary of one USFS wilderness area in Montana, deleting 67 acres.
§ 3(e)—revises the boundary of one FWS wilderness area in Montana, deleting 28 acres.
P.L. 98-289—Irish Wilderness
§ 2(a)—designates one new USFS wilderness area with 16,500 acres in Missouri.
§ 2(b)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
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P.L. 98-321—the Wisconsin Wilderness Act of 1984
§ 2—designates two new USFS wilderness areas (one with three separate units) totaling 24,339
acres in Wisconsin.
§ 4—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 5—provides statewide USFS release language.
P.L. 98-322—the Vermont Wilderness Act of 1984
§ 102—designates four new USFS wilderness areas and one USFS wilderness area addition
totaling 41,260 acres in Vermont.
§ 104(a)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 104(b)—directs that state jurisdiction over and responsibilities for fish and wildlife are
unaffected.
§ 104(c)—authorizes maintenance of two specific trails, associated trails, and “related structures.”
§ 105—provides statewide USFS release language.
P.L. 98-323—the New Hampshire Wilderness Act of 1984
§ 101—designates three new USFS wilderness areas and one USFS wilderness area addition
totaling 77,000 acres in New Hampshire.
§ 103—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 104—provides statewide USFS release language, except for the area specified in § 104(e).
P.L. 98-324—the North Carolina Wilderness Act of 1984
§ 2—designates nine new USFS wilderness areas and two USFS wilderness area additions
totaling 68,750 acres in North Carolina.
§ 4—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 5—provides statewide USFS release language, except for the area specified in § 6(a).
§ 6(a)—designates four new USFS wilderness study areas and one USFS wilderness study area
addition totaling 25,816 acres in North Carolina.
§ 6(b)—requires recommendations within three years.
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§ 6(c)—directs management, subject to valid existing rights, “so as to maintain their presently
existing wilderness character” until Congress determines otherwise.
P.L. 98-328—the Oregon Wilderness Act of 1984
§ 3—designates 22 new USFS wilderness areas and seven USFS wilderness area additions
totaling 788,700 acres in Oregon.
§ 4(f)—designates one new USFS wilderness area and one USFS wilderness area addition
totaling 70,800 acres in Oregon.
§ 5(b)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 6—states that the statute creates no buffer zone.
§ 7—provides statewide USFS release language.
P.L. 98-339—the Washington State Wilderness Act of 1984
§ 3—designates 18 new USFS wilderness areas and two USFS wilderness area additions totaling
898,790 acres in Washington.
§ 3(7)—revises the boundary of one USFS wilderness area in Washington, effectively deleting
800 acres.
§ 4(b)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 5—provides statewide USFS release language.
§ 6(a)—designates one new BLM wilderness area with 7,140 acres in Washington.
§ 6(b)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 9—states that the statute creates no buffer zone.
P.L. 98-406—the Arizona Wilderness Act of 1984
§ 101(a)—designates 26 new USFS wilderness areas and four USFS wilderness area additions
totaling 658,540 acres in Arizona.
§ 101(a)(13)—states that the statute is to have no effect on “the installation and maintenance of
hydrologic, meteorologic, or telecommunications facilities … or limited motorized access to such
facilities when nonmotorized access means are not reasonably available or when time is of the
essence, subject to such conditions as the Secretary deems desirable, where such facilities and
access are essential to flood warning, flood control, and water reservoir operation purposes.”
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§ 101(a)(23)—“the governmental agency having jurisdictional authority may authorize limited
access to the area, for private and administrative purposes,” along a specified route.
§ 101(b)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 101(d)—states that the statute creates no buffer zone.
§ 101(e)(1)—establishes no “express or implied claim or denial on the part of the Federal
Government as to exemption from Arizona State water laws.”
§ 101(e)(2)—directs that state jurisdiction over and responsibilities for fish and wildlife are
unaffected.
§ 101(f)(1)—allows continued livestock grazing “where established before the date of enactment”
in accordance with the Wilderness Act and § 108 of P.L. 96-560.
§ 101(f)(2)—requires a review of all grazing management “to insure that such policies, practices,
and regulations fully conform with and implement the intent of Congress.”
§ 102(a)—designates three USFS wilderness study areas totaling 67,930 acres in Arizona, with
recommendations from the President by January 1, 1986.
§ 103—provides statewide USFS release language, except for the areas specified in § 102.
§ 202—designates one new BLM wilderness area with 6,670 acres in Arizona.
§ 203—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 301(a)—designates nine new BLM and USFS wilderness areas totaling 397,300 acres in
Arizona.
§ 302(a)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 302(b)—allows continued livestock grazing “where established before the date of enactment …
subject to such reasonable regulations, policies, and practices as the Secretary concerns deems
necessary, as long as such regulations, policies, and practices conform with and implement the
intent of Congress regarding grazing in such areas as … expressed in the Wilderness Act.”
P.L. 98-425—the California Wilderness Act of 1984
§ 101(a)—designates 24 new USFS wilderness areas and 15 USFS wilderness area additions
totaling 1,297,930 acres in California.
§ 101(a)(2)—allows “continued motorized access to those previously existing facilities … [for]
permitted livestock grazing activities … in the same manner and degree in which such access was
occurring as of the date of enactment.”
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§ 101(a)(6)—modifies the boundary of one wilderness area, transferring land to another area and
directing the fire road between them “to be closed to all motorized vehicles except … for
administrative purposes.”
§ 101(a)(7)—allows “nonmotorized dispersed recreation to continue at a level not less than the
level of use which occurred during calendar year 1979.”
§ 101(a)(13)—allows “portions of the existing primitive road between the two wilderness areas
… be relocated for environmental protection or for other reasons,” with boundary adjustments to
the wilderness areas, as needed, “effective upon publication of a notice of such relocation in the
Federal Register.”
§ 101(a)(24)—allows a right-of-way, pursuant to an application within 10 years of enactment, and
authorizes construction of a transmission line. If the power transmission line is constructed, “the
corridor shall cease to be a part of” the wilderness, and the Secretary “shall publish a notice
thereof in the Federal Register.”
§ 101(a)(25)—states that nothing “shall be construed to prejudice, alter, or affect in any way, any
rights or claims of right to the diversion and use of waters from the North Fork of the San Joaquin
River, or in any way interfere with the construction, maintenance, repair, or operation of a
hydroelectric power project.” Authorizes “continued motorized access to those previously
existing facilities … related to permitted livestock grazing … [and] operation and maintenance of
the existing cabin located in” the area “in the same manner and degree in which such access and
operation and maintenance … were occurring as of the date of enactment.”
§ 102(a)—designates three USFS planning areas (i.e., wilderness study areas) totaling 98,200
acres in California, with recommendations within three years.
§ 102(b)—directs management the planning areas “so as to maintain their presently existing
wilderness character and potential” for four years, subject to valid existing rights.
§ 103(a)—directs management USFS wilderness areas in accordance with the Wilderness Act,
subject to valid existing rights.
§ 103(b)(1)—allows continued livestock grazing “where established before the date of enactment
… subject to such reasonable regulations, policies, and practices as the Secretary deems
necessary, as long as such regulations, policies, and practices fully conform with and implement
the intent of Congress regarding grazing in such areas as … expressed in the Wilderness Act.”
§ 103(b)(2)—authorizes, “as provided in … the Wilderness Act , … such measures as are
necessary in the control of fire, insects, and diseases, subject to such conditions as [the Secretary]
deems desirable.”
§ 103(b)(3)—directs management wilderness areas, “as provided in … the Wilderness Act … to
preserve their wilderness character and to devote them to the public purposes of recreational,
scenic, scientific, educational, conservation, and historical use.”
§ 103(c)—requires “negotiations to acquire by exchange all or part of any privately owned lands
within the national forest wilderness areas.”
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§ 106—designates two new NPS wilderness areas totaling 1,414,580 acres and two potential NPS
wilderness additions totaling 3,650 acres in California.
§ 108—adds potential wilderness “upon publication in the Federal Register of a notice … that all
uses prohibited by the Wilderness Act have ceased.” Directs management “insofar as practicable
as wilderness.”
§ 109—directs management NPS wilderness areas in accordance with the Wilderness Act.
§ 110—directs “mineral prospecting, exploration, development, and mining of cobalt and
associated minerals” in one USFS roadless area proceed under the U.S. mining laws governing
nonwilderness lands.
§ 111—provides statewide USFS release language, except for 65 areas listed in § 111(e), pending
wilderness recommendations for those areas developed during of preparation of land management
plans.
P.L. 98-428—the Utah Wilderness Act of 1984
§ 102—designates 12 new USFS wilderness areas totaling 749,550 acres in Utah.
§ 103(b)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 201—provides statewide USFS release language.
§ 301(a)—allows continued livestock grazing, in accordance with the Wilderness Act and § 108
of P.L. 96-560.
§ 301(b)—requires a review of all grazing management “to insure that such policies, practices,
and regulations fully conform with and implement the intent of Congress.”
§ 302(a)—establishes no “express or implied claim or denial on the part of the Federal
Government as to exemption from Utah water laws.”
§ 302(b)—authorizes “whatever sanitary facilities are necessary, including but not limited to vault
toilets which may require service by helicopter, to insure the continued health and safety of the
communities serviced by the watersheds” for 10 of the wilderness areas. Also allows “motorized
access and road maintenance by local municipalities for those minimum maintenance activities
necessary to guarantee the continued viability of whatsoever watershed facilities currently exist or
which may be necessary in the future to prevent the degradation of the water supply … subject to
such reasonable regulations as are deemed necessary.”
§ 303—states that the statute creates no buffer zone.
§ 304—requires continued assessments of the mineral potential of the designated areas.
§ 305—authorizes “the installation and maintenance of hydrologic, meteorologic, climatological,
or telecommunication facilities … or limited motorized access to such facilities when
nonmotorized access means are not reasonably available or when time is of the essence, subject to
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such conditions as [are deemed] desirable, where such facilities or access are essential to flood
warning, flood control and water reservoir operation.”
§ 306(a)(1)—withdraws areas from mining laws and mineral and geothermal leasing laws, except
for one area, where competitive CO2 leases are authorized for bid within five years. Subsection
(b) establishes conditions and requirements in the event of development of such leases.
P.L. 98-430—the Florida Wilderness Act of 1983
§ 1—designates six new USFS wilderness areas and one USFS wilderness area addition totaling
49,150 acres in Florida.
§ 1(4)—allows existing motorboat use on one creek.
§ 2(a)—designates two USFS wilderness study areas with 10,900 acres in Florida.
§ 2(b)—directs management of the study areas “so as to maintain their presently existing
wilderness character and potential” until Congress determines otherwise, subject to valid existing
rights.
§ 4—directs management of the wilderness areas in accordance with the Wilderness Act, subject
to valid existing rights.
§ 6—provides statewide USFS release language.
P.L. 98-508—the Arkansas Wilderness Act of 1984
§ 3—designates eight new USFS wilderness areas and one USFS wilderness area addition
totaling 91,103 acres in Arkansas.
§ 4—provides statewide USFS release language.
§ 6—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 7—states that the statute creates no buffer zone.
P.L. 98-514—the Georgia Wilderness Act of 1984
§ 2—designates two USFS wilderness area additions totaling 14,439 acres in Georgia.
§ 4—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 5—provides statewide USFS release language, except for 10 areas totaling 118,000 acres in
Georgia.
P.L. 98-515—the Mississippi National Forest Wilderness Act of 1984
§ 2—designates two USFS wilderness areas totaling 5,440 acres in Mississippi.
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§ 4—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 5—provides statewide USFS release language.
P.L. 98-550—the Wyoming Wilderness Act of 1984
§ 201(a)—designates eight new USFS wilderness areas and five USFS wilderness area additions
totaling 884,129 acres in Wyoming.
§ 201(a)(11)—authorizes “occasional motorized access for administrative purposes and related
activities … for habitat management, trapping, transporting and proper management of the area’s
bighorn sheep population.”
§ 201(c)—provides that four designated areas shall not affect “any present or future water rights
for, and … construction, operation or maintenance of, the State II or Stage III water development
projects, … or any subsequent modification thereof … to the extent that such modification
provides for the diversion and transportation of water in the Little Snake River Basin for storage
or use in said basin or in Wyoming … No term or condition shall be imposed … on the basis of
any present or future wilderness” characteristics, designations, or studies in one national forest or
in three specified counties.
§ 203—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 301(a)—designates three USFS wilderness study areas totaling 180,540 acres in Wyoming.
§ 301(b)—requires recommendations within three years.
§ 301(c)—directs management of the areas, “subject to valid existing rights and reasonable access
to exercise such rights, until Congress determines otherwise … to maintain their presently
existing wilderness character.” Withdraws one area from mining laws, and for that area authorizes
“oil and gas exploration and development … under reasonable conditions to protect the
environment according to the laws and regulations generally applicable to nonwilderness lands.”
Allows continued snowmobiling “in the same manner and degree as was occurring prior to the
date of enactment.”
§ 401—provides statewide USFS release language, except for the area identified in § 5 of P.L. 92476.
§ 501—requires a review of grazing “to insure that such policies, practices, and regulations fully
conform with and implement the intent of Congress” in the Wilderness Act and P.L. 98-406.
§ 502—establishes no “express or implied claim or denial on the part of the Federal Government
as to exemption from Wyoming water laws.”
§ 503—directs that state jurisdiction over and responsibilities for fish and wildlife are unaffected.
§ 504—states that the statute creates no buffer zone.
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§ 505—requires, for all wilderness areas in Wyoming, cooperation with the state “in conducting a
cultural resources management program … [for] the protection of archaeological sites and
interpretation of such sites for the public benefit and knowledge.”
P.L. 98-574—the Texas Wilderness Act of 1984
§ 2—designates five new USFS wilderness areas totaling 34,346 acres in Texas.
§ 4(a)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 4(b)—encourages an expeditious exchange to acquire timber industry land within two of the
wilderness areas.
§ 5—provides statewide USFS release language.
P.L. 98-578—the Tennessee Wilderness Act of 1984
§ 2—designates three new USFS wilderness areas totaling 24,942 acres in Tennessee.
§ 4—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 5—provides USFS release language for certain counties in Tennessee. (See P.L. 99-490.)
§ 6(a)—designates two USFS wilderness study areas totaling 5,100 acres in Tennessee, to be
reviewed in the initial NFMA Cherokee National Forest management plan.
§ 6(b)—directs management of the wilderness study areas, “until Congress determines otherwise
… so as to maintain its presently existing wilderness character.”
P.L. 98-585—the Pennsylvania Wilderness Act of 1984
§ 4—designates two new USFS wilderness areas totaling 9,705 acres in Pennsylvania.
§ 5(a)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 5(b)—directs that state jurisdiction over and responsibilities for fish and wildlife are unaffected.
§ 8—provides statewide USFS release language.
§ 9—states that the statute creates no buffer zone.
P.L. 98-586—the Virginia Wilderness Act of 1984
§ 2—designates 10 new USFS wilderness areas and one USFS wilderness area addition totaling
55,984 acres in Virginia.
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§ 4—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 5—provides statewide USFS release language, except for areas in § 6.
§ 6(a)—designates four USFS wilderness study areas totaling 25,075 acres in Virginia.
§ 6(c)—directs management of the areas, “subject to valid existing rights [and] … until Congress
determines otherwise … so as to maintain its presently existing wilderness character.”
§ 6(d)—requires a study within two years, by the state and the U.S. Environmental Protection
Agency, of “the effects of the proposed industrial development site at Covington, Virginia, on air
quality off the areas designated for wilderness study.”
§ 7—states that the statute creates no buffer zone.
P.L. 98-603—the San Juan Basin Wilderness Protection Act of 1984
§ 102(a)—designates two new BLM wilderness areas totaling 27,840 acres in New Mexico.
§ 102(b)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 102(d)—allows continued livestock grazing “where established before the date of enactment …
subject to such reasonable regulations, policies, and practices as the Secretary deems necessary,
as long as such regulations, policies, and practices fully conform with and implement the intent of
Congress regarding grazing in such areas as … expressed in the Wilderness Act.”
§ 109—designates one USFS wilderness area addition with 20 acres in New Mexico; authorizes
the “continuance of the existing diversion dam and existing related facilities … including the
provision for access and the use of mechanized equipment only for construction and maintenance
of existing structures” and allows “upgrading of the existing diversion dam … within four years.”
P.L. 99-197—the Kentucky Wilderness Act of 1985
§ 2—designates one new USFS wilderness area with 13,300 acres in Kentucky.
§ 3—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 4—provides statewide USFS release language.
P.L. 99-490—the Tennessee Wilderness Act of 1986
§ 2—designates four new USFS wilderness areas and two USFS wilderness area additions
totaling 33,735 acres in Tennessee.
§ 4—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 5—provides USFS release language for the remaining counties in Tennessee. (See P.L. 98-578.)
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P.L. 99-504—the Nebraska Wilderness Act of 1985
§ 101—designates one new USFS wilderness area with 8,100 acres in Nebraska.
§ 102(a)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 102(b)(1)—allows continued livestock grazing, in accordance with the Wilderness Act and §
108 of P.L. 96-560.
§ 102(b)(2)—requires a review of all grazing management “to insure that such policies, practices,
and regulations fully conform with and implement the intent of Congress.”
§ 104—provides statewide USFS release language.
P.L. 99-555—the Georgia Wilderness Act of 1986
§ 2—designates four new USFS wilderness areas and one USFS wilderness area addition totaling
42,258 acres in Georgia.
§ 4—directs management in accordance with the Wilderness Act, subject to valid existing rights.
P.L. 99-584—the Texas Wilderness Act Amendments of 1986
§ 2(a)—modifies the boundaries of the areas designated in P.L. 98-574 by reference to a new
map.
§ 2(b)—directs management in accordance with the Wilderness Act, subject to valid existing
rights; allows continued livestock grazing “subject to such reasonable regulations as are deemed
necessary.”
P.L. 99-635—Olympic National Park Boundary Adjustment
§ 1(c)—replaces existing designations for three USFS wilderness areas in Washington, deleting
4,571 acres. (This was temporary; Olympic National Park wilderness was designated in P.L. 100668.)
P.L. 100-184—the Michigan Wilderness Act of 1987
§ 3—designates 10 new USFS wilderness areas totaling 91,535 acres in Michigan.
§ 5—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 6—provides statewide USFS release language.
§ 7—states that the statute creates no buffer zone.
§ 8—directs that state jurisdiction over and responsibilities for fish and wildlife are unaffected.
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§ 9—assures the “right of adequate access” to private lands and requires “concurrence of the
owner” for the acquisition of private lands.
§ 10—allows measures to control fire, insects, and diseases “as provided in … the Wilderness
Act.”
P.L. 100-225—El Malpais National Monument, Title IV
§ 401—designates two new BLM wilderness areas totaling 98,210 acres in New Mexico.
§ 402(a)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 402(b)—allows continued livestock grazing “subject to reasonable regulations, policies, and
practices” that “fully conform with and implement the intent of Congress” in the Wilderness Act
and § 108 of P.L. 96-560.
P.L. 100-326—Virginia Wilderness
§ 1—designates four new USFS wilderness areas and two USFS wilderness area additions
totaling 27,687 acres in Virginia.
§ 2—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 4—repeals the wilderness study section (§ 6) of P.L. 98-586.
P.L. 100-499—the Winding Stair Mountain National Recreation
Area and Wilderness Area Act
§ 3—designates two new USFS wilderness areas totaling 13,954 acres in Oklahoma.
§ 5—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 6—provides statewide USFS release language for Oklahoma.
§ 7—states that the statute creates no buffer zone.
§ 16—allows measures to control fire, insects, and diseases “as provided in … the Wilderness
Act.”
§ 18—directs that state jurisdiction over and responsibilities for fish and wildlife are unaffected.
P.L. 100-524—the Congaree Swamp National Monument [now
National Park] Expansion and Wilderness Act
§ 2(a)—designates one new NPS wilderness area with 15,010 acres in South Carolina.
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§ 2(b)—designates 6,840 acres of potential NPS wilderness in South Carolina; adds the area to
wilderness when nonfederal lands have been acquired and “all uses thereon prohibited by the
Wilderness Act have ceased.”
§ 4—directs management in accordance with the Wilderness Act, subject to valid existing rights.
P.L. 100-547—the Sipsey Wild and Scenic River and Alabama
Addition Act of 1988
§ 201(a)—designates two USFS wilderness area additions totaling 13,970 acres in Alabama.
§ 201(b)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 201(c)—allows measures to control fire, insects “including the Southern Pine Beetle,” and
diseases “subject to conditions as the Secretary determines desirable,” including “such measures
in the Secretary’s judgment … deemed necessary to protect threatened resources on Federal,
State, or private adjacent lands.”
§ 201(d)—allows the Secretary to “convert existing roads … into suitable hiking or horse trails.”
§ 202—provides statewide USFS release language.
P.L. 100-668—the Washington Park Wilderness Act of 1988
§ 101—designates one new NPS wilderness area with 876,669 acres in Washington.
§ 102—allows the Secretary to “upgrade, maintain and replace, as necessary, the Wolf Creek
underground powerline to Hurricane Ridge: Provided, That to the extent practicable, such
maintenance and operation shall be conducted in such a manner as to remain consistent with
wilderness management.”
§ 201—designates one new NPS wilderness area with 634,614 acres and potential wilderness
additions of 5,226 acres in Washington.
§ 202—allows continued operation of specified hydroelectric projects.
§ 301—designates one new NPS wilderness area with 216,855 acres in Washington.
§ 302—allows the Secretary to “upgrade, maintain and replace as necessary, the Paradise
powerline from Longmire to Paradise: Provided, That to the extent practicable, such maintenance
and operation shall be conducted in such a manner as to protect scenic viewsheds.”
Title IV (a)(1)—directs management in accordance with the Wilderness Act, subject to valid
existing rights.
Title IV (a)(2)—requires administration of potential wilderness additions “insofar as practicable
as wilderness” and adds the areas upon Federal Register notice “that all uses thereon that are
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inconsistent with the Wilderness Act have ceased or that non-Federal interests in land have been
acquired.”
Title IV (a)(3)—states that the statute creates no buffer zone.
Title V, § 502—“subject to valid existing rights … Congress hereby expressly reserves such water
rights as necessary, for the purposes for which such areas are so designated.”
P.L. 101-195—the Nevada Wilderness Protection Act of 1989
§ 2—designates 13 new USFS wilderness areas and one USFS wilderness area addition totaling
733,400 acres in Nevada.
§ 4—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 5—provides statewide USFS release language.
§ 6(a)—allows continued livestock grazing “where established before the date of enactment” in
accordance with the Wilderness Act and P.L. 96-560.
§ 6(b)—requires a review of all grazing management “to insure that such policies, practices, and
regulations fully conform with and implement the intent of Congress.”
§ 7—states that the statute creates no buffer zone.
§ 8—“reserves a quantity of water sufficient to fulfill the purposes.” Requires the Secretary to act
to protect those rights.
§ 9—directs that state jurisdiction over and responsibilities for fish and wildlife are unaffected.
§ 10—authorizes, “where appropriate, the installation and maintenance of hydrologic,
meteorologic, or climatological collection devices … where such facilities and access thereto are
essential to flood warning, flood control and water reservoir operation,” subject to reasonable
terms and conditions.
§ 11—states that the statute is to have no effect on low-level military overflights, new units of
special use airspace, and flight training routes over four specific wilderness areas.
P.L. 101-401—the Maine Wilderness Act of 1990
§ 2—designates one new USFS wilderness area with 12,000 acres in Maine.
§ 4—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 5—provides statewide USFS release language.
§ 6—states that the statute creates no buffer zone.
§ 7—allows measures to control fire, insects, and diseases “as provided in … the Wilderness
Act.”
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§ 8—directs that state jurisdiction over and responsibilities for fish and wildlife are unaffected.
P.L. 101-626—the Tongass Timber Reform Act
§ 202—amends a previous wilderness statute (P.L. 96-487) to designate five new USFS
wilderness areas and one USFS wilderness area addition totaling 296,080 acres in Alaska.
P.L. 101-628—the Arizona Desert Wilderness Act of 1990
§ 101(a)—designates 38 new BLM wilderness areas and one BLM wilderness area addition
totaling 1,089,970 acres in Arizona.
§ 101(a)(3)—provides that “the existing water pipeline for the town of Oatman, together with the
right of ingress and egress thereto, may be operated, maintained, and upgraded, subject to
reasonable requirements to protect wilderness values.”
§ 101(a)(20)—provides that a specified right-of-way and “the right of ingress or egress thereto
shall not be affected… and the existing powerline utilizing such right-of-way may be operated,
maintained, and upgraded, subject to reasonable requirements to protect wilderness values.”
§ 101(b)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 101(d)—states that the statute creates no buffer zone.
§ 101(e)—directs that state jurisdiction over and responsibilities for fish and wildlife are
unaffected.
§ 101(f)(1)—allows continued livestock grazing “where established before the date of enactment”
in accordance with the Wilderness Act and Appendix A of H.Rept. 101-405.
§ 101(f)(2)—requires a review of all grazing management “to insure that such policies, practices,
and regulations fully conform with and implement the intent of Congress.”
§ 101(g)—“reserves a quantity of water sufficient to fulfill the purposes of this title.” Requires
the Secretary to act to protect those rights.
§ 101(h)—states that the statute is to have no effect on low-level military overflights, new units
of special use airspace, and flight training routes.
§ 101(i)—requires mineral rights in the wilderness areas to be acquired by exchange.
§ 101(k)—modifies a previously-enacted provision for a specific wilderness area concerning
management and use of a particular road.
§ 101(l)—states that the statute is to have no effect on “the operation for flood control purposes”
of a particular dam.
§ 102—provides statewide BLM release language, except for two specified areas.
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§ 301(a)—designates four new FWS wilderness areas totaling 1,343,444 acres in Arizona.
§ 301(b)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 301(c)(1)(A)24—“reserves a quantity of water sufficient to fulfill the purposes of this title.”
§ 301(c)(1)(B)24—establishes “no right to water of the Colorado River are reserved, either
expressly, impliedly, or otherwise.”
§ 301(c)(2)24—requires the Secretary to act to protect those rights.
§ 301(c)(3)24—directs no “relinquishment or reduction of any water right reserved or
appropriated by the United States … before the date of enactment.”
§ 301(e)—states that the statute is to have no effect on “the operation of federally owned dams
located on the Colorado River.”
§ 301(f)—states that the statute is to have no effect on low-level military overflights or ground
instrumentation for the Cabeza Prieta National Wildlife Refuge.
§ 301(g)—states that the statute is to have no effect on “border operations by the Immigration and
Naturalization Service, the Drug Enforcement Agency, or the United States Customs Service.”
§ 302—directs that nothing in Titles I, II, or III “shall amend, construe, supersede, or preempt any
State law, Federal law, interstate compact, or international treaty pertaining to the Colorado River
(including its tributaries) in the Upper Basin, including, but not limited to, the appropriation, use,
development, storage, regulation, allocation, conservation, exportation, or quality of those
waters.”
H. Rept. 101-405 to accompany H.R. 2570 (P.L. 101-626)—Appendix A. Grazing
Guidelines
Pages 41-43 of the report supplement the “very clear intent” of § 4(d)(4)(2) of the Wilderness Act
and of H.Rept. 96-617 “that livestock grazing, and activities and the necessary facilities to
support a livestock grazing program, will be permitted to continue … when grazing was
established prior to classification of an area as wilderness.” The guidelines provide direction on
five points:
1. Prohibits curtailing grazing simply because an area has been designated as wilderness, and
directs that wilderness designation should not be used “as an excuse by administrators to slowly
‘phase out’ grazing.”
2. Allows maintenance of existing supporting facilities (e.g., fences, line cabins, water wells and
lines, stock tanks, etc.). Allows occasional use of motorized equipment where practical
alternatives do not exist, “based on a rule of practical necessity and reasonableness.”
24
Designated as §301(c)(1(A), §301(c)(1)(B), §301(c)(2), and §301(c)(3) in original. Should have been designated as
§301(d)(1)(A), §301(d)(1)(B), §301(d)(2), and §301(d)(3), respectively.
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Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
3. Does not require replacement or reconstruction of deteriorated facilities or improvements to
use natural materials, “unless the material and labor costs of using natural materials are such that
their use would not impose unreasonable additional costs.”
4. Allows construction of new improvements or replacement of deteriorated facilities, if in
accordance with these guidelines and area management plans and “primarily for the purpose of
resource protection and the more effective management of these resources.”
5. Allows motorized equipment for emergencies “such as rescuing sick animals or the placement
of feed in emergency situations.”
H. Rept. 101-405 to accompany H.R. 2570 (P.L. 101-626)—Appendix B. Wildlife
Management Guidelines
Pages 44-51 present the committee’s conclusions of applicable, previously existing BLM policies
and guidelines for fish and wildlife management in wilderness areas. After purposes and general
policy, the report includes 14 points authorizing various activities, with multiple guidelines for
implementing several of the points:.
1. Allows motorized equipment if “truly necessary to administer.” Expects “that any such use
should be rare and temporary; that no roads can be built; and that … such use is the minimum
necessary to accomplish the task.”
2. Allows fish and wildlife research and management surveys when conducted “in a manner
compatible with the preservation of the wilderness environment.” Methods that “temporarily
infringe on the wilderness environment may be approved if alternative methods or other locations
are not available.” Aircraft use must “minimizes disturbance of other users, including humans and
wildlife.”
3. Allows facility development and habitat alteration “in rare instances … to alleviate adverse
impacts caused by human activities.” Allows existing flow-maintenance dams, water
developments, water diversions, ditches, and other fish and wildlife habitat developments. Allows
“maintenance of existing water supplies and development of additional water supplies … but only
when essential to preserve the wilderness resource and to correct unnatural conditions resulting
from human influence.”
4. Allows actions necessary to protect or recover threatened or endangered species, “including
habitat manipulation and special protection measures.” Directs using “only the minimum actions
necessary and the methods most appropriate in wilderness.”
5. Allows angling, hunting and trapping, “subject to applicable State and Federal laws and
regulations.”
6. Allows scientific sampling of fish and wildlife populations in wilderness.
7. Allows chemical treatment “to prepare waters for reestablishment of indigenous species, to
protect or recover Federally listed threatened or endangered species, or to correct undesirable
conditions resulting from the influence of man. Species of fish traditionally stocked before
wilderness designation may be considered indigenous.”
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Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
8. Allows collecting fish spawn “when alternative sources are unavailable or unreliable, or where
spawn taking was an established practice before wilderness designation.”
9. Allows fish stocking “using means appropriate for wilderness,” to reestablish or maintain an
indigenous species, or (b) to perpetuate or recover a threatened or endangered species. Prohibits
stocking with exotic species. 25 Allows stocking of barren lakes or streams, “if there is mutual
agreement that no appreciable loss of scientific values or adverse effects on wilderness resources
will occur.”
10. Allows aerial fish stocking “where this was an established practice before the wilderness
designation or where other practical means are not available.”
11. Allows wildlife transplants (removal, reintroduction, or supplemental introduction) “if
necessary: (a) to perpetuate or recover a threatened or endangered species; of (b) to restore the
population of an indigenous species eliminated or reduced by human influence.” Directs
transplants “in a manner compatible with the wilderness character of the area.”
12. Allows “wildlife damage control,” including for non-indigenous species, “to protect Federally
listed threatened or endangered species, to prevent transmission of diseases or parasites affecting
other wildlife and humans, or to prevent serious losses of domestic livestock.”
13. Allows control of visitor access and use to protect wildlife “sensitive to human encroachments
on their ranges … particularly during certain seasons of the year.”
14. Directs fire management to “(a) permit lightning-caused fires to play, as nearly as possible,
their natural ecological role within wilderness and (b) reduce, to an acceptable level, the risks and
consequences of wildfire within wilderness or escaping from wilderness.”
P.L. 101-633—the Illinois Wilderness Act of 1990
§ 3—designates seven new USFS wilderness areas and one USFS wilderness area addition
totaling 26,266 acres in Illinois.
§ 5—directs management in accordance with the Wilderness Act, subject to valid existing rights.
§ 6—states that the statute creates no buffer zone.
§ 7—directs that state jurisdiction over and responsibilities for fish and wildlife are unaffected.
§ 8—allows measures to control fire, insects, and diseases.
§ 9—permits relatives and descendents, and those accompanying them, access to and
maintenance of cemeteries, limited to “appropriate access and maintenance to minimize any
detrimental effects on the wilderness resource.”
25
Presumably, this would still allow “species traditionally stocked before wilderness designation,” even if they were
exotic species, given the direction in #7 that such species “may be considered indigenous.”
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Wilderness Laws: Statutory Provisions and Prohibited and Permitted Uses
P.L. 102-217—the Chattahoochee National Forest Protection Act of
1991
§ 2(a)—designates two new USFS wilderness areas and one USFS wilderness area addition
totaling 25,840 acres in Georgia.
§ 2(b)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
P.L. 102-301—the Los Padres Condor Range and River Protection
Act
§ 2—designates four new USFS wilderness areas and three USFS wilderness area additions
totaling 400,450 acres, and one potential USFS wilderness addition with 50 acres in California.
§ 2(5)—directs that “the Toad Springs road corridor delineated as potential wilderness shall
remain open to off road vehicle traffic until construction of an alternative route which bypasses
this area is completed. These potential wilderness lands shall be automatically incorporated in …
[the] Wilderness upon publication of a notice in the Federal Register.”
§ 3(a)—directs management in accordance with the Wilderness Act, subject to valid existing
rights.
§ 3(b)—allows that “to guarantee the continued viability of the watersheds … and to ensure the
continued health and safety of the communities serviced by such watershed, the Secretary of
Agriculture may take such measures as are necessary for fire prevention and watershed protection
including, but not limited to, acceptable fire presuppression and fire suppression measures and
techniques.”
§ 3(c)—allows “management activities to maintain or restore fish and wildlife populations,
including the California condor, and the habitats … where consistent with relevant wilderness
management plans in accordance with appropriate policies and guidelines such as those set forth
in Policies and Guidelines for Fish and Wildlife Management in National Forests and Bureau of
Land Management Wilderness, dated August 25, 1986.”
§ 3(d)—states that the statute creates no buffer zone.
§ 3(e)—“reserves a quantity of water sufficient to fulfill the purposes of this
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