PRIA, Government Policy, Made Personal

Summary

The National Council on Disability must study how wilderness designations and the way wilderness lands are managed affect people with disabilities who want to use and enjoy the National Wilderness Preservation System. The Council must send its report to Congress not later than 1 year after July 26, 1990. Congress says the Wilderness Act does not stop a person who needs a wheelchair from using one in a wilderness area. But government agencies do not have to give special treatment, make accommodations, or build or change land or facilities to allow wheelchair use. A “wheelchair” here means a device made only for a mobility‑impaired person to move around and that is suitable for indoor pedestrian areas.

Title 42, §12207

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Study

The National Council on Disability shall conduct a study and report on the effect that wilderness designations and wilderness land management practices have on the ability of individuals with disabilities to use and enjoy the National Wilderness Preservation System as established under the Wilderness Act (16 U.S.C. 1131 et seq.).

(b)Submission of report

Not later than 1 year after July 26, 1990, the National Council on Disability shall submit the report required under subsection (a) to Congress.

(c)Specific wilderness access

(1)In general

Congress reaffirms that nothing in the Wilderness Act [16 U.S.C. 1131 et seq.] is to be construed as prohibiting the use of a wheelchair in a wilderness area by an individual whose disability requires use of a wheelchair, and consistent with the Wilderness Act no agency is required to provide any form of special treatment or accommodation, or to construct any facilities or modify any conditions of lands within a wilderness area in order to facilitate such use.

(2)“Wheelchair” defined

For purposes of paragraph (1), the term “wheelchair” means a device designed solely for use by a mobility-impaired person for locomotion, that is suitable for use in an indoor pedestrian area.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Wilderness Act, referred to in subsecs. (a) and (c)(1), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see

Short Title

note set out under section 1131 of Title 16 and Tables.

Prior Provisions

A prior section 508 of Pub. L. 101–336 was renumbered section 509 and is classified to section 12208 of this title.

§12207 Federal Wilderness Areas