Wilderness Act & National Wilderness Preservation System

The Wilderness Act of 1964 (16 U.S.C. §§ 1131–1136) created the National Wilderness Preservation System — a network of federally owned lands permanently protected in their natural, undeveloped condition "where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain." The System now encompasses more than 111.8 million acres across roughly 806 designated wilderness areas in 44 states and Puerto Rico, managed by four federal agencies: the Forest Service, National Park Service, Fish & Wildlife Service, and Bureau of Land Management. Within designated wilderness, Congress has prohibited roads, buildings, motor vehicles, motorized equipment, and commercial enterprises — preserving these areas as they existed before development, for recreation, solitude, and ecological preservation.

Current Law (2026)

Legal Authority

• 16 U.S.C. § 1131 — National Wilderness Preservation System (establishes the System to secure an enduring resource of wilderness for the American people; defines wilderness as an area "where the earth and its community of life are untrammeled by man" that retains its primeval character, has no permanent improvements, and provides outstanding opportunities for solitude or primitive recreation)
• 16 U.S.C. § 1132 — Extent of system (existing Forest Service wilderness, wild, and canoe areas became the initial System; Secretary of Agriculture must review primitive areas for wilderness designation; Secretary of Interior must review roadless areas in national parks and wildlife refuges; recommendations go to Congress)
• 16 U.S.C. § 1133 — Use of wilderness areas (agencies must preserve wilderness character; prohibits commercial enterprise, permanent roads, motor vehicles, motorized equipment, mechanical transport, structures, and installations; allows exceptions for fire and insect control, established grazing, aircraft/motorboats where already established, mining subject to conditions, and water resource projects authorized by the President)
• 16 U.S.C. § 1134 — State and private lands within wilderness areas (owners of state or private land surrounded by wilderness must be given reasonable access; land exchanges authorized to consolidate ownership)
• 16 U.S.C. § 1136 — Annual reports to Congress (Secretaries of Agriculture and Interior must jointly report to Congress at each session on the status of wilderness study areas, recommendations for designation, and progress in administering the System — the primary accountability mechanism for tracking the designation pipeline)

How It Works

The Wilderness Act defines wilderness in terms both poetic and legally operational: an area "where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain" (16 U.S.C. § 1131) — specifically, land primarily shaped by natural forces with human imprint substantially unnoticeable, offering outstanding opportunities for solitude or primitive recreation, at least 5,000 acres, and potentially containing ecological, geological, scientific, scenic, or historic value. Only Congress can designate wilderness — no president, cabinet secretary, or federal agency has unilateral authority (§ 1132), making designations permanent in a way that executive orders cannot match. Within designated areas, the Act broadly prohibits permanent roads, motor vehicles (including ATVs, snowmobiles, and mountain bikes, which courts have held constitute "mechanical transport"), motorized equipment, permanent structures, commercial enterprise, and commercial timber harvest (§ 1133).

Certain pre-existing uses survive designation: grazing permits established before designation generally continue subject to reasonable regulation (§ 1133(d)(4)), valid mining claims from before designation may still be developed under conditions protecting wilderness character, and aircraft and motorboats may continue where already established. The President may authorize water resource projects in wilderness if deemed in the national interest — authority exercised rarely. Fire management and insect or disease control are permitted as necessary to protect wilderness values. Lands under consideration for designation are managed as wilderness study areas (WSAs) under a "non-impairment" standard — meaning BLM and other agencies must preserve their wilderness character pending congressional action, and some WSAs have remained in this limbo for decades, neither formally designated nor released for development.

How It Affects You

If you're a hiker, backpacker, or backcountry hunter: Wilderness areas offer the most protected and primitive outdoor recreation available on public lands — no roads, no motors, minimal infrastructure, and in many areas, no cell service. Many popular wilderness areas require overnight permits to manage crowding: the John Muir Wilderness (California), Boundary Waters Canoe Area Wilderness (Minnesota), Zion Narrows, and the Grand Canyon Corridor all use quota systems. Permits for peak summer dates often sell out within minutes of the reservation window opening, typically 2-6 months in advance. Check specific area requirements through the managing agency's website — Forest Service areas at recreation.gov and NPS areas at nps.gov/permits. Day hiking in most wilderness areas is unrestricted, though Leave No Trace principles (lnt.org) apply. Pack out all waste, camp 200 feet from water and trails, and use a bear canister or hang food where required — rangers in popular wilderness areas actively enforce these rules with citations.

If you ride mountain bikes, ATVs, or snowmobiles: Wilderness areas are legally closed to all mechanical transport — a category that includes mountain bikes, ATVs, snowmobiles, e-bikes, and game carts with wheels. The prohibition comes directly from 16 U.S.C. § 1133 and has been consistently upheld in courts. This is not a discretionary management policy that rangers can waive — it's a statutory prohibition. If you're planning a mountain bike trip in the West, check whether the land is designated wilderness (using caltopo.com or gaia GPS, which display federal land designations) before leaving the trailhead. Nearby national forests and BLM lands outside wilderness designations often allow mountain bikes and motorized use; many trail systems are specifically designed for these uses. Legislative proposals to amend the Wilderness Act to allow mountain bikes have been introduced multiple times (most recently similar to HR 1065) but have not advanced.

If you're a rancher with grazing permits in a wilderness area: Livestock grazing that was established before a wilderness designation was generally grandfathered under 16 U.S.C. § 1133(d)(4), and permits continue subject to reasonable regulation. In practice, this means your existing permit typically survives designation, but the managing agency may impose additional conditions to protect wilderness character — limits on temporary fencing, motorized support for grazing operations (which require special permits), and salt and mineral placement restrictions. Motorized equipment (ATVs, motorcycles) to check on livestock in wilderness requires special authorization from the managing agency. If your allotment straddles a wilderness boundary, work with your district ranger to clarify which activities require what permits; violations of wilderness motorized-use rules can trigger permit suspension separate from range compliance issues.

If you own private land inside or adjacent to a wilderness area (an "inholding"): 16 U.S.C. § 1134 guarantees reasonable access to your private inholding — but "reasonable access" doesn't necessarily mean vehicle access. The managing agency determines access routes, and if the only reasonable access is through wilderness, the question of motorized vs. non-motorized access has been litigated extensively. Many inholding owners have negotiated access agreements or sold their parcels to the government through voluntary land exchanges. If you're considering purchasing land in or adjacent to wilderness, title review should identify inholding status before closing, as it can significantly affect use, financing, and eventual resale. The Forest Service and BLM both have land exchange programs for inholdings; contact the relevant district office or your state's wilderness coalition for guidance.

State Variations

Wilderness designation is exclusively federal, applying only to federal land:

• Alaska contains more than half of all designated wilderness (ANILCA, 1980)
• Western states have the most wilderness acreage and the most active designation debates
• Eastern states have smaller but significant wilderness areas, primarily on national forest land
• State-level wilderness or wild area designations exist in some states but do not carry federal protections
• State wilderness coalitions play a major role in advocating for new designations before Congress

Implementing Regulations

• 36 CFR Part 293 — Forest Service wilderness regulations covering prohibited uses, mining, motorized access, and commercial enterprise restrictions.

• 43 CFR Part 6300 — BLM wilderness management regulations for BLM-administered wilderness areas.

• 43 CFR Part 19 — Wilderness Preservation: Interior Department regulations implementing Wilderness Act §§ 3(c) and 6 for DOI-managed lands (national parks, wildlife refuges, and BLM lands). Key provisions:

  • § 19.1 — Scope: applies to reviews and administration of wilderness-eligible areas under the jurisdiction of the Secretary of the Interior — including roadless areas in units of the National Park System, National Wildlife Refuge System, and BLM-managed lands
  • § 19.2 — Definitions: establishes the definitional framework distinguishing National Forest Wilderness (USFS-managed), National Park Wilderness (NPS-managed), and National Wildlife Refuge Wilderness (FWS-managed) for purposes of applying the Wilderness Act's use and management rules across agencies
  • § 19.3 — Reviews of roadless areas: the Secretary must review every roadless area of 5,000 contiguous acres or more in each National Park System unit, plus roadless islands regardless of size; reviews evaluate suitability for wilderness designation and must be reported to the President with recommendations within the 10-year statutory deadline established by the Wilderness Act
  • § 19.4 — Liaison and public participation: when a review is initiated, DOI must coordinate with other federal agencies and provide opportunities for interested persons to submit views; the regulations require early engagement with state governments and local stakeholders to develop an administrative record supporting the Secretary's recommendation
  • § 19.5 — Hearing procedures: before the Secretary submits any recommendation to the President regarding suitability or nonsuitability, at least one public hearing must be held in the vicinity of the area under review; the hearing record is incorporated into the recommendation package
  • § 19.6 — Administration: areas under DOI jurisdiction that may be or are designated as wilderness must be administered in accordance with the Act's prohibitions on roads, motor vehicles, motorized equipment, commercial enterprise, and structures — the same standards apply regardless of which DOI bureau manages the area
  • § 19.8 — Mining and mineral leasing: the Wilderness Act's withdrawal of National Forest wilderness areas from the mining and mineral leasing laws as of January 1, 1984 is cross-referenced; for DOI-managed wilderness areas, mining activity grandfathered before designation must comply with the Act's requirement that it not be incompatible with wilderness preservation

  The Part 19 framework is the procedural backbone for how the Interior Department moves a roadless area from "under study" to a formal Presidential recommendation for congressional designation. Because only Congress can actually designate wilderness (the President recommends, Congress enacts), Part 19 governs the administrative pipeline. Wilderness study areas (WSAs) — areas under review but not yet designated — are managed under an "interim management policy" that preserves their wilderness character while the review process proceeds; BLM has long maintained over 13 million acres of WSAs in this pending status.

• 50 CFR Part 35 — Fish and Wildlife Service Wilderness Preservation and Management: the FWS regulations governing the administration of designated wilderness areas within the National Wildlife Refuge System. Where Part 19 covers the DOI-wide procedural framework for wilderness reviews and recommendations, Part 35 is the substantive management code that FWS applies once a refuge unit has been congressionally designated as wilderness. The Refuge System is the only federal land system where the Wilderness Act permits the agency's primary mission — wildlife conservation — to guide how wilderness management standards are applied. Key provisions:

  • § 35.2 — Objectives: wilderness units are established supplemental to the purposes of each specific refuge; FWS manages wilderness character while also fulfilling the wildlife conservation and management purposes for which the underlying refuge was established; this dual mandate distinguishes Refuge Wilderness from Forest Service and NPS wilderness, where recreation and scenic preservation are primary values — in the Refuge System, the wildlife mission remains paramount
  • § 35.3 — General regulations: all National Wildlife Refuge System regulations apply to wilderness units unless they conflict with the Wilderness Act or the specific establishing legislation for the wilderness unit; this preserves FWS's standard regulatory authority (hunting and fishing regulations, special use permits) within wilderness unless it directly conflicts with wilderness character
  • § 35.4 — Appropriations and personnel: no appropriation may be used for administration of a wilderness unit as a separate entity, and no additional personnel may be hired solely for wilderness management; this implements the Wilderness Act's principle that wilderness should not require intensive active management — the area is to be left natural with only the minimum intervention needed to preserve its character
  • § 35.5 — Prohibited uses: no commercial enterprise, no permanent roads, no motor vehicles, no motorized equipment, no motorboats, no aircraft landings, no mechanical transport, and no structures or installations within designated wilderness, except where specifically authorized; existing private rights within the wilderness boundary (such as inholdings) are preserved
  • § 35.6 — Public use: public uses of a wilderness unit must be consistent with both the wilderness designation and the purposes of the underlying wildlife refuge; when public uses are authorized, they must not impair wilderness values; hunting, fishing, and wildlife observation are generally compatible; guided commercial recreation may require special use permits, but commercial enterprises are prohibited
  • § 35.7 — Wildfire, insects, and disease control: FWS may prescribe measures to control wildfires, insects, pest plants, and disease within wilderness to prevent unacceptable loss of wilderness resources and values, loss of life, or damage to property; the standard is preventing "unacceptable loss" rather than elimination — allowing natural fire ecology to operate is generally preferred where it does not threaten wilderness character
  • § 35.9 — Livestock grazing: grazing that was established before the wilderness designation legislation may continue, subject to 50 CFR Part 29 (FWS refuge use regulations) and any special provisions prescribed for the individual unit; new grazing permits in wilderness are not authorized
  • § 35.10 — Controlled burning: prescribed fire is permitted in wilderness units where it will contribute to the maintenance of wilderness resources and values; controlled burns that pose a threat to resources outside the unit must be managed to prevent escape — this authorizes FWS to use fire as a vegetation management tool even within wilderness, consistent with natural fire ecology
  • § 35.11 — Scientific uses: research, data gathering, and scientific investigation are encouraged provided wilderness values are not impaired; researchers must accept reasonable limitations imposed by FWS; scientific sampling, monitoring, and observation are fully compatible with wilderness designation
  • § 35.14 — Special regulations: FWS issues unit-specific special regulations for individual wilderness areas (by Refuge) to address conditions unique to each unit; these supplemental rules are layered on top of Part 35's baseline requirements and can impose additional restrictions or authorize specific uses appropriate to the individual refuge's management plan

  FWS manages approximately 800,000 acres of designated Refuge Wilderness across roughly 70 wilderness units in the National Wildlife Refuge System — a relatively small portion of the 11 million acres of total federal wilderness (dominated by the Forest Service's 36 million acres). Notable Refuge Wilderness units include the Red Rock Lakes Wilderness in Montana, Okefenokee Wilderness in Georgia, and numerous Alaska units. The FWS wilderness program is administered through each refuge's comprehensive conservation plan (CCP), which must address how wilderness management integrates with the refuge's wildlife management objectives.

Pending Legislation

• HR 6777 — Oregon Owyhee Wilderness and Community Protection Act: designate ~924,440 acres as wilderness with grazing flexibility and local co-stewardship. Status: Introduced.
• HR 6783 — San Gabriel Mountains, Foothills, and Rivers Protection Act: designate ~28,900 acres as wilderness and add Wild and Scenic River segments. Status: Introduced.
• S 3527 / HR 6788 — Montana Sportsmen Conservation Act: remove wilderness study area designations for three Montana areas to expand access. Status: Introduced.

Recent Developments

The most significant recent wilderness legislation was the Dingell Act (2019), which designated approximately 1.3 million acres of new wilderness across multiple states. The companion Wild and Scenic Rivers system often overlaps with wilderness designations, protecting free-flowing waterways within wilderness boundaries. The debate over allowing mountain bikes in wilderness areas has intensified, with legislative proposals to amend the Wilderness Act's "mechanical transport" prohibition — none have passed. Climate change is altering ecosystems within wilderness areas, raising difficult questions about whether active management interventions (like assisted migration of species or prescribed fire) are consistent with the principle of leaving wilderness "untrammeled." The roadless rule for national forests, while not creating wilderness, provides complementary protection for approximately 58 million acres of inventoried roadless areas. Old-growth forest conservation initiatives have drawn renewed attention to wilderness and roadless area protections as tools for carbon sequestration and biodiversity preservation.

• Trump "energy dominance" and wilderness review (2025): Executive Order 14154 (Unleashing American Energy, January 2025) directed DOI and USFS to review existing federal land protections for compatibility with energy development. Because wilderness designations are statutory (enacted by Congress), the administration cannot remove them by executive order — a key legal limitation that distinguishes wilderness from monument and roadless area protections, which have executive origins. However, the order directed agencies to expedite review of mineral leasing and energy development applications on lands adjacent to wilderness areas that had previously been given administrative buffer protections.
• National Monument reductions and wilderness interaction: The Trump administration reinstated the boundaries of Bears Ears and Grand Staircase-Escalante National Monuments at their reduced 2017 Trump-era footprints (after Biden had restored original boundaries in 2021). Lands removed from monument status are now open to leasing and development, but wilderness-designated areas within the original monument footprints retain full Wilderness Act protection regardless of monument status. The monument reductions created legal complexity distinguishing wilderness-protected lands from formerly monument-protected lands now subject to leasing.
• Wildfire and prescribed fire in wilderness — management tension: Record wildfire seasons (2024: 9.4 million acres burned nationally) have intensified the debate over whether prescribed fire in wilderness areas violates the "untrammeled" prohibition. Forest Service and NPS have used the "natural fire" exception — allowing lightning-caused fires to burn under managed conditions — but authorized prescribed burns within wilderness require Wilderness Act exception analysis. The OBBBA's forestry provisions included language clarifying that mechanical fuel treatment and prescribed fire within wilderness are permissible where necessary for wildfire risk reduction, addressing a longstanding ambiguity in agency guidance.
• Mountain bike wilderness legislation — renewed push: HR 1065 (117th Congress) and successor bills propose amending the Wilderness Act to allow "non-motorized mechanized transportation" (mountain bikes) in wilderness areas — overriding the Forest Service's 1984 regulatory interpretation that prohibits bikes. The mountain biking industry (IMBA) argues modern wilderness areas were designed for foot and horse travel and should accommodate non-motorized cycling. Traditional wilderness advocates (The Wilderness Society, Sierra Club) oppose any amendment, arguing that bike infrastructure degrades ecological and solitude values. The bills have not advanced, but pressure has increased as mountain biking has grown from a niche to a $26 billion industry.