COMPLETE TEXT OF THE WILDERNESS ACT 

[Teaching Version] 

Public Law 88-577 (16 U.S.C. 1131-1136) 

88th Congress, Second Session 

September 3, 1964 

(As amended) 

AN ACT 

To establish a National Wilderness Preservation System for the permanent 

good of the whole people, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

SHORT TITLE 

SECTION 1. This Act may be cited as the "Wilderness Act". 

WILDERNESS SYSTEM ESTABLISHED STATEMENT OF POLICY 

SECTION 2. (a) In order to assure that an increasing population, accompanied 

by expanding settlement and growing mechanization, does not occupy and modify 

all areas within the United States and its possessions, leaving no lands designated 

for preservation and protection in their natural condition, it is hereby declared to 

be the policy of the Congress to secure for the American people of present and 

future generations the benefits of an enduring resource of wilderness. For this 

purpose there is hereby established a National Wilderness Preservation System to 

be composed of federally owned areas designated by Congress as "wilderness 

areas", and these shall be administered for the use and enjoyment of the American 

people in such manner as will leave them unimpaired for future use and 

enjoyment as wilderness, and so as to provide for the protection of these areas, the 

preservation of their wilderness character, and for the gathering and dissemination 

of information regarding their use and enjoyment as wilderness; and no Federal 

lands shall be designated as "wilderness areas" except as provided for in this Act 

or by a subsequent Act. 

(b) The inclusion of an area in the National Wilderness Preservation System 

notwithstanding, the area shall continue to be managed by the Department and 

agency having jurisdiction thereover immediately before its inclusion in the 

National Wilderness Preservation System unless otherwise provided by Act of 

Congress. No appropriation shall be available for the payment of expenses or 

salaries for the administration of the National Wilderness Preservation System as 

a separate unit nor shall any appropriations be available for additional personnel 

stated as being required solely for the purpose of managing or administering areas 

solely because they are included within the National Wilderness Preservation 

System. 

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DEFINITION OF WILDERNESS 

(c) A wilderness, in contrast with those areas where man and his works 

dominate the landscape, is hereby recognized as an area where the earth and its 

community of life are untrammeled by man, where man himself is a visitor who 

does not remain. An area of wilderness is further defined to mean in this Act an 

area of undeveloped Federal land retaining its primeval character and influence, 

without permanent improvements or human habitation, which is protected and 

managed so as to preserve its natural conditions and which (1) generally appears 

to have been affected primarily by the forces of nature, with the imprint of man's 

work substantially unnoticeable; (2) has outstanding opportunities for solitude or 

a primitive and unconfined type of recreation; (3) has at least five thousand acres 

of land or is of sufficient size as to make practicable its preservation and use in an 

unimpaired condition; and (4) may also contain ecological, geological, or other 

features of scientific, educational, scenic, or historical value. 

NATIONAL WILDERNESS PRESERVATION SYSTEMEXTENT OF SYSTEM 

SECTION 3. (a) All areas within the national forests classified at least 30 days 

before the effective date of this Act by the Secretary of Agriculture or the Chief of 

the Forest Service as "wilderness", "wild", or "canoe" are hereby designated as 

wilderness areas. The Secretary of Agriculture shall– 

(1) Within one year after the effective date of this Act, file a map and legal 

description of each wilderness area with the Interior and Insular Affairs 

Committees of the United States Senate and the House of Representatives, and 

such descriptions shall have the same force and effect as if included in this Act: 

Provided, however, That correction of clerical and typographical errors in such 

legal descriptions and maps may be made. 

(2) Maintain, available to the public, records pertaining to said wilderness 

areas, including maps and legal descriptions, copies of regulations governing 

them, copies of public notices of, and reports submitted to Congress regarding 

pending additions, eliminations, or modifications. Maps, legal descriptions, and 

regulations pertaining to wilderness areas within their respective jurisdictions also 

shall be available to the public in the offices of regional foresters, national forest 

supervisors, and forest rangers. 

(b) (Classification) The Secretary of Agriculture shall, within ten years after 

the enactment of this Act, review, as to its suitability or nonsuitability for 

preservation as wilderness, each area in the national forests classified on the 

effective date of this Act by the Secretary of Agriculture or the Chief of the Forest 

Service as "primitive" and report his findings to the President. (Presidential 

recommendation to Congress) The President shall advise the United States 

Senate and House of Representatives of his recommendations with respect to the 

designation as "wilderness" or other reclassification of each area on which review 

has been completed, together with maps and a definition of boundaries. Such 

advice shall be given with respect to not less than one-third of all the areas now 

classified as "primitive" within three years after the enactment of this Act, and the 

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remaining areas within ten years after the enactment of this Act. (Congressional 

approval) Each recommendation of the President for designation as "wilderness" 

shall become effective only if so provided by an Act of Congress. Areas 

classified as "primitive" on the effective date of this Act shall continue to be 

administered under the rules and regulations affecting such areas on the effective 

date of this Act until Congress has determined otherwise. Any such area may be 

increased in size by the President at the time he submits his recommendations to 

the Congress by not more than five thousand acres with no more than one 

thousand two hundred and eighty acres of such increase in any one compact unit; 

if it is proposed to increase the size of any such area by more than five thousand 

acres or by more than one thousand two hundred and eighty acres in any one 

compact unit the increase in size shall not become effective until acted upon by 

Congress. Nothing herein contained shall limit the President in proposing, as part 

of his recommendations to Congress, the alteration of existing boundaries of 

primitive areas or recommending the addition of any contiguous area of national 

forest lands predominantly of wilderness value. Notwithstanding any other 

provisions of this Act, the Secretary of Agriculture may complete his review and 

delete such areas as may be necessary, but not to exceed seven thousand acres, 

from the southern tip of the Gore Range-Eagles Nest Primitive Area, Colorado, if 

the Secretary determines that such action is in the public interest. 

(c) (Report to President) Within ten years after the effective date of this Act 

the Secretary of the Interior shall review every roadless area of five thousand 

contiguous acres or more in the national parks, monuments, and other units of the 

national park system and every such area of, and every roadless island within, the 

national wildlife refuges and game ranges, under his jurisdiction on the effective 

date of this Act and shall report to the President his recommendation as to the 

suitability or nonsuitability of each such area or island for preservation as 

wilderness. (Presidential recommendation to Congress) The President shall 

advise the President of the Senate and the Speaker of the House of 

Representatives of his recommendation with respect to the designation as 

wilderness of each such area or island on which review has been completed, 

together with a map thereof and a definition of its boundaries. Such advice shall 

be given with respect to not less than one-third of the areas and islands to be 

reviewed under this subsection within three years after enactment of this Act, not 

less than two-thirds within seven years of enactment of this Act, and the 

remainder within ten years of enactment of this Act. (Congressional approval) A 

recommendation of the President for designation as wilderness shall become 

effective only if so provided by an Act of Congress. Nothing contained herein 

shall, by implication or otherwise, be construed to lessen the present statutory 

authority of the Secretary of the Interior with respect to the maintenance of 

roadless areas within units of the national park system. 

(d)(1) (Suitability) The Secretary of Agriculture and the Secretary of the 

Interior shall, prior to submitting any recommendations to the President with 

respect to the suitability of any area for preservation as wilderness— 

(A) (Publication in Federal Register) give such public notice of the 

proposed action as they deem appropriate, including publication in the Federal 

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Register and in a newspaper having general circulation in the area or areas in the 

vicinity of the affected land; 

(B) (Hearings) hold a public hearing or hearings at a location or locations 

convenient to the area affected. The hearings shall be announced through such 

means as the respective Secretaries involved deem appropriate, including notices 

in the Federal Register and in newspapers of general circulation in the area: 

Provided, That if the lands involved are located in more than one State, at least 

one hearing shall be held in each State in which a portion of the land lies; 

(C) at least thirty days before the date of a hearing advise the Governor of 

each State and the governing board of each county, or in Alaska the borough, in 

which the lands are located, and Federal departments and agencies concerned, and 

invite such officials and Federal agencies to submit their views on the proposed 

action at the hearing or by no later than thirty days following the date of the 

hearing. 

(2) Any views submitted to the appropriate Secretary under the provisions of 

(1) of this subsection with respect to any area shall be included with any 

recommendations to the President and to Congress with respect to such area 

(e) (Proposed modification) Any modification or adjustment of boundaries of 

any wilderness area shall be recommended by the appropriate Secretary after 

public notice of such proposal and public hearing or hearings as provided in 

subsection (d) of this section. The proposed modification or adjustment shall then 

be recommended with map and description thereof to the President. The 

President shall advise the United States Senate and the House of Representatives 

of his recommendations with respect to such modification or adjustment and such 

recommendations shall become effective only in the same manner as provided for 

in subsections (b) and (c) of this section. 

USE OF WILDERNESS AREAS 

SECTION 4. (a) The purposes of this Act are hereby declared to be within and 

supplemental to the purposes for which national forests and units of the national 

park and wildlife refuge systems are established and administered and--

(1) Nothing in this Act shall be deemed to be in interference with the purpose 

for which national forests are established as set forth in the Act of June 4, 1897 

(30 Stat.11), and the Multiple-Use Sustained-Yield Act of June 12, 1960 (74 Stat. 

215). 

(2) Nothing in this Act shall modify the restrictions and 

provisions of the Shipstead-Nolan Act (Public Law 539, Seventy-first Congress, 

July 10, 1930; 46 Stat. 1020), the Thye-Blatnik Act (Public Law 733, Eightieth 

Congress, June 2, 1948; 62 Stat. 568), and the Humphrey-Thye-Blatnik-Andersen 

Act (Public Law 607, Eighty-fourth Congress, June 22, 1956; 70 Stat. 326), as 

applying to the Superior National Forest or the regulations of the Secretary of 

Agriculture. 

(3) Nothing in this Act shall modify the statutory authority under which units 

of the national park system are created. Further, the designation of any area of 

any park, monument, or other unit of the national park system as a wilderness area 

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pursuant to this Act shall in no manner lower the standards evolved for the use 

and preservation of such park, monument, or other unit of the national park 

system in accordance with section 100101(b)(1), chapter 1003, and sections 

100751(a), 100752, 100753, and 102101 of title 54, United States Code, the 

statutory authority under which the area was created, or any other Act of Congress 

which might pertain to or affect such area, including, but not limited to, section 

3(2) of the Federal Power Act (16 U.S.C. 796(2)); and chapters 3201 and 3203 of 

title 54, United States Code. 

(b) Except as otherwise provided in this Act, each agency administering any 

area designated as wilderness shall be responsible for preserving the wilderness 

character of the area and shall so administer such area for such other purposes for 

which it may have been established as also to preserve its wilderness character. 

Except as otherwise provided in this Act, wilderness areas shall be devoted to the 

public purposes of recreational, scenic, scientific, educational, conservation, and 

historical use. 

PROHIBITION OF CERTAIN USES 

(c) Except as specifically provided for in this Act, and subject to existing 

private rights, there shall be no commercial enterprise and no permanent road 

within any wilderness area designated by this Act and except as necessary to meet 

minimum requirements for the administration of the area for the purpose of this 

Act (including measures required in emergencies involving the health and safety 

of persons within the area), there shall be no temporary road, no use of motor 

vehicles, motorized equipment or motorboats, no landing of aircraft, no other 

form of mechanical transport, and no structure or installation within any such 

area. 

SPECIAL PROVISIONS 

(d) The following special provisions are hereby made: 

(1) Within wilderness areas designated by this Act the use of aircraft or 

motorboats, where these uses have already become established, may be permitted 

to continue subject to such restrictions as the Secretary of Agriculture deems 

desirable. In addition, such measure may be taken as may be necessary in the 

control of fire, insects, and diseases, subject to such conditions as the Secretary 

deems desirable. 

(2) Nothing in this Act shall prevent within national forest wilderness areas 

any activity, including prospecting, for the purpose of gathering information about 

mineral or other resources, if such activity is carried on in a manner compatible 

with the preservation of the wilderness environment. Furthermore, in accordance 

with such program as the Secretary of the Interior shall develop and conduct in 

consultation with the Secretary of Agriculture, such areas shall be surveyed on a 

planned, recurring basis consistent with the concept of wilderness preservation by 

the Geological Survey and the Bureau of Mines to determine the mineral values, if 

any, that may be present; and the results of such surveys shall be made available to 

the public and submitted to the President and Congress. 

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(3) (Mineral leases, claims, etc) Notwithstanding any other provisions of 

this Act, until midnight December 31, 1983, the United States mining laws and all 

laws pertaining to mineral leasing shall, to the same extent as applicable prior to 

the effective date of this Act, extend to those national forest lands designated by 

this Act as "wilderness areas"; subject, however, to such reasonable regulations 

governing ingress and egress as may be prescribed by the Secretary of Agriculture 

consistent with the use of the land for mineral location and development and 

exploration, drilling, and production, and use of land for transmission lines, 

waterlines, telephone lines, or facilities necessary in exploring, drilling, 

production, mining, and processing operations, including where essential the use 

of mechanized ground or air equipment and restoration as near as practicable of 

the surface of the land disturbed in performing prospecting, location, and, in oil 

and gas leasing, discovery work, exploration, drilling, and production, as soon as 

they have served their purpose. Mining locations lying within the boundaries of 

said wilderness areas shall be held and used solely for mining or processing 

operations and uses reasonably incident thereto; and hereafter, subject to valid 

existing rights, all patents issued under the mining laws of the United States 

affecting national forest lands designated by this Act as wilderness areas shall 

convey title to the mineral deposits within the claim, together with the right to cut 

and use so much of the mature timber therefrom as may be needed in the 

extraction, removal, and beneficiation of the mineral deposits, if needed timber is 

not otherwise reasonably available, and if the timber is cut under sound principles 

of forest management as defined by the national forest rules and regulations, but 

each such patent shall reserve to the United States all title in or to the surface of 

the lands and products thereof, and no use of the surface of the claim or the 

resources therefrom not reasonably required for carrying on mining or prospecting 

shall be allowed except as otherwise expressly provided in this Act: Provided, 

That, unless hereafter specifically authorized, no patent within wilderness areas 

designated by this Act shall issue after December 31, 1983, except for the valid 

claims existing on or before December 31, 1983. Mining claims located after the 

effective date of this Act within the boundaries of wilderness areas designated by 

this Act shall create no rights in excess of those rights which may be patented 

under the provisions of this subsection. Mineral leases, permits, and licenses 

covering lands within national forest wilderness areas designated by this Act shall 

contain such reasonable stipulations as may be prescribed by the Secretary of 

Agriculture for the protection of the wilderness character of the land consistent 

with the use of the land for the purposes for which they are leased, permitted, or 

licensed. Subject to valid rights then existing, effective January 1, 1984, the 

minerals in lands designated by this Act as wilderness areas are withdrawn from 

all forms of appropriation under the mining laws and from disposition under all 

laws pertaining to mineral leasing and all amendments thereto. 

(4) (Water resources and grazing) Within wilderness areas in the national 

forests designated by this Act, (1) the President may, within a specific area and in 

accordance with such regulations as he may deem desirable, authorize prospecting 

for water resources, the establishment and maintenance of reservoirs, waterconservation works, power projects, transmission lines, and other facilities needed 

in the public interest, including the road construction and maintenance essential to 

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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; and (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 by the Secretary of 

Agriculture. 

(5) Commercial services may be performed within the wilderness areas 

designated by this Act to the extent necessary for activities which are proper for 

realizing the recreational or other wilderness purposes of the areas. 

(6) Nothing in this Act shall constitute an express or implied claim or 

denial on the part of the Federal Government as to exemption from State water 

laws. 

(7) Nothing in this Act shall be construed as affecting the jurisdiction or 

responsibilities of the several States with respect to wildlife and fish in the 

national forests. 

STATE AND PRIVATE LANDS WITHIN WILDERNESS AREAS 

SECTION 5. (a) In any case where State-owned or privately owned land is 

completely surrounded by national forest lands within areas designated by this 

Act as wilderness, such State or private owner shall be given such rights as may 

be necessary to assure adequate access to such State-owned or privately owned 

land by such State or private owner and their successors in interest, or the Stateowned land or privately owned land shall be exchanged for federally owned land 

in the same State of approximately equal value under authorities available to the 

Secretary of Agriculture: (Transfers, restriction) Provided, however, That the 

United States shall not transfer to a State or private owner any mineral interests 

unless the State or private owner relinquishes or causes to be relinquished to the 

United States the mineral interest in the surrounded land. 

(b) In any case where valid mining claims or other valid occupancies are 

wholly within a designated national forest wilderness area, the Secretary of 

Agriculture shall, by reasonable regulations consistent with the preservation of the 

area as wilderness, permit ingress and egress to such surrounded areas by means 

which have been or are being customarily enjoyed with respect to other such areas 

similarly situated. 

(c) (Acquisition) Subject to the appropriation of funds by Congress, the 

Secretary of Agriculture is authorized to acquire privately owned land within the 

perimeter of any area designated by this Act as wilderness if (1) the owner 

concurs in such acquisition or (2) the acquisition is specifically authorized by 

Congress. 

GIFTS, BEQUESTS, AND CONTRIBUTIONS 

SECTION 6. (a) The Secretary of Agriculture may accept gifts or bequests of 

land within wilderness areas designated by this Act for preservation as wilderness. 

The Secretary of Agriculture may also accept gifts or bequests of land adjacent to 

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wilderness areas designated by this Act for preservation as wilderness if he has 

given sixty days advance notice thereof to the President of the Senate and the 

Speaker of the House of Representatives. Land accepted by the Secretary of 

Agriculture under this section shall become part of the wilderness area involved. 

Regulations with regard to any such land may be in accordance with such 

agreements, consistent with the policy of this Act, as are made at the time of such 

gift, or such conditions, consistent with such policy, as may be included in, and 

accepted with, such bequest. 

(b) The Secretary of Agriculture or the Secretary of the Interior is authorized to 

accept private contributions and gifts to be used to further the purposes of this 

Act. 

ANNUAL REPORTS 

SECTION 7. At the opening of each session of Congress, the Secretaries of 

Agriculture and Interior shall jointly report to the President for transmission to 

Congress on the status of the wilderness system including a list and descriptions 

of the areas in the system, regulations in effect, and other pertinent information, 

together with any recommendations they may care to make. 

(Termination of Reporting Requirements) 

For termination, effective May 15, 2000, of provisions of this section relating to 

transmission to Congress of annual report on status of wilderness system, see 

section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 

of Title 31, Money and Finance, and pages 48, 110, and 149 of House Document 

No. 103-7. 

Approved September 3, 1964. 

Legislative History: 

House Reports: No. 1538 accompanying H.R. 9070 (Committee on Interior & 

Insular Affairs) and No. 1829 (Committee of Conference). 

Senate Report: No. 109 (Committee on Interior & Insular Affairs). 

Congressional Record: Vol. 109 (1963): April 4, 8, considered in Senate. April 

9, considered and passed Senate. Vol. 110 (1964): July 28, considered in House. 

July 30, considered and passed House, amended, in lieu of H.R. 9070. August 20, 

House and Senate agreed to conference report. 

Note: italicized words in parentheses are editorial additions inserted for reader’s 

convenience. 

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Amendments to the Wilderness Act of 1964 

Public Law 95-495, October 21, 1978 

Section 4(b): Paragraph (5) of section 4(d) of the Wilderness Act of 1964 is hereby 

repealed and paragraphs (6), (7), and (8) of such section 4(d) are hereby redesignated as 

paragraphs (5), (6), and (7). 

Original text of the Wilderness Act of 1964 which was repealed: 

4(d)(5) Other provisions of this Act to the contrary notwithstanding, the 

management of the Boundary Waters Canoe Area, formerly designated as the 

Superior, Little Indian Sioux, and Caribou Roadless Areas, in the Superior 

National Forest, Minnesota, shall be in accordance with regulations established 

by the Secretary of Agriculture in accordance with the general purpose of 

maintaining, without unnecessary restrictions on other uses, including that of 

timber, the primitive character of the area, particularly in the vicinity of lakes, 

streams, and portages: Provided, That nothing in this Act shall preclude the 

continuance within the area of any already established use of motorboats. 

Public Law 113-287, December 19, 2014 

Section 5(d)(21): Section 4(a)(3) of the Wilderness Act (16 U.S.C. 1133(a)(3)) is 

amended— 

(A) by striking ‘‘the Act of August 25, 1916’’ and substituting ‘‘section 100101(b)(1), 

chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United 

States Code’’; and 

(B) by striking ‘‘the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 432 et seq); section 3(2) 

of the Federal Power Act (16 U.S.C. 796(2)); and the Act of August 21, 1935 (49 Stat. 

666; 16 U.S.C. 461 et seq.)’’ and substituting ‘‘section 3(2) of the Federal Power Act (16 

U.S.C. 796(2)); and chapters 3201 and 3203 of title 54, United States Code’’. 

Original text of the Wilderness Act of 1964 which was amended: 

4(a)(3) Nothing in this Act shall modify the statutory authority under which units 

of the national park system are created. Further, the designation of any area of 

any park, monument, or other unit of the national park system as a wilderness 

area pursuant to this Act shall in no manner lower the standards evolved for the 

use and preservation of such park, monument, or other unit of the national park 

system in accordance with the Act of August 25, 1916, the statutory authority 

under which the area was created, or any other Act of Congress which might 

pertain to or affect such area, including, but not limited to, the Act of June 8, 

1906 (34 Stat. 225; 16 U.S.C. 432 et seq.); section 3(2) of the Federal Power Act 

(16 U.S.C. 796 (2)); and the Act of August 21,1935 (49 Stat. 666; 16 U.S.C. 461 

et seq.). 

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