Title 16 — ConservationRelease 119-73
§1133 Use of wilderness areas
Title 16 › Chapter CHAPTER 23— - NATIONAL WILDERNESS PRESERVATION SYSTEM › § 1133
Summary
Protects and guides how wilderness areas in national forests, parks, and wildlife refuges are managed. It says these wilderness rules add to the reasons those lands already exist and do not change the basic purposes of national forests set by the Act of June 4, 1897, and the Multiple-Use Sustained-Yield Act of June 12, 1960. It does not change the Shipstead‑Nolan Act (Public Law 539, July 10, 1930), the Thye‑Blatnik Act (Public Law 733, June 22, 1948), or the Humphrey‑Thye‑Blatnik‑Andresen Act (Public Law 607, June 22, 1956) as they apply to the Superior National Forest or the Secretary of Agriculture’s rules. Naming part of a park a wilderness does not lower the standards set by the laws that created that park, including section 100101(b)(1), chapter 1003, sections 100751(a), 100752, 100753, and 102101 of title 54, section 796(2) of this title, and chapters 3201 and 3203 of title 54. Agencies that run wilderness areas must protect the area’s wilderness character while also allowing the uses the area was set up for, like recreation, science, education, conservation, scenery, and history. Except for private rights and narrow management or emergency needs, no commercial businesses, no permanent roads, no temporary roads, no motor vehicles or motorized equipment or motorboats, no aircraft landings, no mechanical transport, and no buildings are allowed. Some limited exceptions exist: where aircraft or motorboats were already used they may continue with limits; fire, insect, and disease control is allowed; mineral and resource surveys and limited prospecting in national forest wilderness are allowed if done in a way that protects wilderness; and grazing that was established before September 3, 1964 may continue under rules. Until midnight December 31, 1983, mining laws and mineral leasing laws applied as they did before September 3, 1964, with rules for access and restoration, and patents in wilderness were limited as stated; effective January 1, 1984, minerals in those lands were withdrawn from new mining claims and leases, subject to valid existing rights. The law also allows necessary public-interest water or power projects in specific areas if the President approves, permits needed commercial services to support recreation, and does not change federal or state water law claims or state authority over wildlife and fish.
Full Legal Text
Title 16, §1133
Conservation — Source: USLM XML via OLRC
(a)The purposes of this chapter are hereby declared to be within and supplemental to the purposes for which national forests and units of the national park and national wildlife refuge systems are established and administered and—
(1)Nothing in this chapter 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) [16 U.S.C. 528–531].
(2)Nothing in this chapter 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 22, 1948; 62 Stat. 568), and the Humphrey-Thye-Blatnik-Andresen Act (Public Law 607, Eighty-Fourth Congress, June 22, 1956; 70 Stat. 326), as applying to the Superior National Forest or the regulations of the Secretary of Agriculture.
(3)Nothing in this chapter 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 chapter 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 section 100751(a), 100752, 100753, and 102101 of title 54, 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 796(2) of this title; and chapters 3201 and 3203 of title 54.
(b)Except as otherwise provided in this chapter, 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 chapter, wilderness areas shall be devoted to the public purposes of recreational, scenic, scientific, educational, conservation, and historical use.
(c)Except as specifically provided for in this chapter, and subject to existing private rights, there shall be no commercial enterprise and no permanent road within any wilderness area designated by this chapter and, except as necessary to meet minimum requirements for the administration of the area for the purpose of this chapter (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.
(d)The following special provisions are hereby made:
(1)Within wilderness areas designated by this chapter the use of aircraft or motorboats, where these uses have already become established, may be permitted to continue subject to such restrictions as the Secretary of Agriculture deems desirable. In addition, such measures may be taken as may be necessary in the control of fire, insects, and diseases, subject to such conditions as the Secretary deems desirable.
(2)Nothing in this chapter 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 United States Geological Survey and the United States 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.
(3)Notwithstanding any other provisions of this chapter, 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 September 3, 1964, extend to those national forest lands designated by this chapter as “wilderness areas”; subject, however, to such reasonable regulations governing ingress and egress as may be prescribed by the Secretary of Agriculture consistent with the use of the land for mineral location and development and exploration, drilling, and production, and use of land for transmission lines, waterlines, telephone lines, or facilities necessary in exploring, drilling, producing, mining, and processing operations, including where essential the use of mechanized ground or air equipment and restoration as near as practicable of the surface of the land disturbed in performing prospecting, location, and, in oil and gas leasing, discovery work, exploration, drilling, and production, as soon as they have served their purpose. Mining locations lying within the boundaries of said wilderness areas shall be held and used solely for mining or processing operations and uses reasonably incident thereto; and hereafter, subject to valid existing rights, all patents issued under the mining laws of the United States affecting national forest lands designated by this chapter 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 chapter: Provided, That, unless hereafter specifically authorized, no patent within wilderness areas designated by this chapter shall issue after December 31, 1983, except for the valid claims existing on or before December 31, 1983. Mining claims located after September 3, 1964, within the boundaries of wilderness areas designated by this chapter 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 chapter 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 chapter as wilderness areas are withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral leasing and all amendments thereto.
(4)Within wilderness areas in the national forests designated by this chapter, (1) the President may, within a specific area and in accordance with such regulations as he may deem desirable, authorize prospecting for water resources, the establishment and maintenance of reservoirs, water-conservation works, power projects, transmission lines, and other facilities needed in the public interest, including the road construction and maintenance essential to development and use thereof, upon his determination that such use or uses in the specific area will better serve the interests of the United States and the people thereof than will its denial; and (2) the grazing of livestock, where established prior to September 3, 1964, 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 chapter to the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the areas.
(6)Nothing in this chapter 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 chapter shall be construed as affecting the jurisdiction or responsibilities of the several States with respect to wildlife and fish in the national forests.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
Act of
June 4, 1897, referred to in subsec. (a)(1), is act
June 4, 1897, ch. 2, 30 Stat. 11, the Sundry Civil Appropriation Act for Fiscal Year 1898. For classification of that part of this Act classified to the Code, see Tables. The Multiple-Use Sustained-Yield Act of 1960, referred to in subsec. (a)(1), is Pub. L. 86–517,
Short Title
note set out under section 528 of this title and Tables. The Shipstead-Nolan Act, referred to in subsec. (a)(2), is act July 10, 1930, ch. 881, 46 Stat. 1020, which is classified to sections 577 to 577b of this title. For complete classification of this Act to the Code, see
Short Title
note set out under section 577 of this title and Tables. The Thye-Blatnik Act, referred to in subsec. (a)(2), is act June 22, 1948, ch. 593, 62 Stat. 568, which is classified to section 577c, 577d, and 577e to 577h of this title. For complete classification of this Act to the Code, see
Short Title
note set out under section 577 of this title and Tables. The Humphrey-Thye-Blatnik-Andresen Act, referred to in subsec. (a)(2), is act June 22, 1956, ch. 425, 70 Stat. 326, which is classified to section 577d–1, 577g–1, and 577h of this title. For complete classification of this Act to the Code, see Tables.
Amendments
2014—Subsec. (a)(3). Pub. L. 113–287, § 5(d)(21)(B), which directed substitution of “section 796(2) of this title; and chapters 3201 and 3203 of title 54” for “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.)”, was executed by making the substitution for the same text as directed except with a period at the end of “432 et seq”, to reflect the probable intent of Congress. Pub. L. 113–287, § 5(d)(21)(A), substituted “section 100101(b)(1), chapter 1003, and section 100751(a), 100752, 100753, and 102101 of title 54” for “section 1, 2, 3, and 4 of this title”. 1978—Subsec. (d)(5) to (8). Pub. L. 95–495 redesignated pars. (6) to (8) as (5) to (7), respectively. Former par. (5), which related to the management of the Boundary Waters Canoe Area, Superior National Forest, Minnesota, was struck out.
Statutory Notes and Related Subsidiaries
Change of Name
“United States Geological Survey” substituted for “Geological Survey” in subsec. (d)(2) pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of Title 43, Public Lands. “United States Bureau of Mines” substituted for “Bureau of Mines” in subsec. (d)(2) pursuant to section 10(b) of Pub. L. 102–285, set out as a note under section 1 of Title 30, Mineral Lands and Mining. For provisions relating to closure and
Transfer of Functions
of the United States Bureau of Mines, see
Transfer of Functions
note set out under section 1 of Title 30. Livestock Grazing in National Forest Wilderness Areas Pub. L. 96–560, title I, § 108, Dec. 22, 1980, 94 Stat. 3271, provided that: “The Congress hereby declares that, without amending the Wilderness Act of 1964 [this chapter], with respect to livestock grazing in National Forest wilderness areas, the provisions of the Wilderness Act relating to grazing shall be interpreted and administered in accordance with the guidelines contained under the heading ‘Grazing in National Forest Wilderness’ in the House Committee Report (H. Report 96–617) accompanying this Act [Pub. L. 96–560].”
Executive Documents
Enforcement
functions of Secretary or other official in Department of the Interior related to compliance with system activities requiring coordination and approval under this chapter and such functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with this chapter with respect to pre-
Construction
,
Construction
, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
Reference
Citations & Metadata
Citation
16 U.S.C. § 1133
Title 16 — Conservation
Last Updated
Apr 6, 2026
Release point: 119-73