The text of the bill below is as of Sep 3, 1964 (Passed Congress).
Summary of this bill
The Wilderness Act of 1964 (Pub.L. 88–577) was written by Howard Zahniser of The Wilderness Society. It created the legal definition of wilderness in the United States, and protected 9.1 million acres (37,000 km²) of federal land. The result of a long effort to protect federal wilderness and to create a formal mechanism for designating wilderness, the Wilderness Act was signed into law by President Lyndon B. Johnson on September 3, 1964 after over sixty drafts and eight years of work.
The Wilderness Act is well known for its succinct and poetic definition of wilderness:
A wilderness, in contrast with those areas where man and his ...
890 PUBLIC LAW 88-577-SEPT. 3, 1964 [78 STAT. SEC. 109. No part of the funds provided in this Act shall be used for purchase of land or land easements in excess of 100 per centum of the value as determined by the Corps of Engineers or the Bureau of Yards and Docks, except: (a) where there is a determination of value by a Federal court, (b) purchases negotiated by the Attorney General or his designee, and (c) where the estimated value is less than $25,000. SEC. 110. None of the funds appropriated in this Act may be used to make payments under contracts for any project in a foreign country unless the Secretary of Defense or his designee, after consultation with the Secretary of the Treasury or his designee, certifies to the Congress that the use, by purchase from the Treasury, of currencies of such country acquired pursuant to law is not feasible for the purpose, stating the reason therefor. Short t i t l e . SEC. 111. This Act may be cited as the Military Construction Appro- priation Act, 1965. Approved September 2, 1964. Public Law 88-577 September 3, 1964 AN ACT [£;_f] To establish a National Wilderness Preservation System for the permanent good of the whole people, and for other purposes. Be it enacted hy the Senate and House of Representathes of the Wilderness Act. United States of America in Congress assembled^ SHORT T I T L E SECTION 1. This Act may be cited as the "Wilderness Act". WILDERNESS SYSTEM E 8 T A E L I S H E D S T A T E M E N T OF POLICY SEC. 2. (a) In order to assure that an increasing population, accom- panied by expanding settlement and growing mechanization, does not occupy and modify all areas within the United States and its posses- sions, 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 Preser- vation 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 pro- vided 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 adminis- tration of the National Wilderness Preservation System as a separate unit nor shall any appropriations be available for additional personnel
78 STAT. ] PUBLIC LAW 88-577-SEPT. 3, 1964 891 stated as being required solely for the purpose of managing or administering areas solely because they are included within the National Wilderness Preservation System. DEFINITION OF WIIJ)ERNESS (c) A wilderness, in contrast with 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 unde- veloi>ed Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is pro- tected and mansiged so as to preserve its natural conditions and which (1) generally appears to have been affected primarily by the forces of jiature, with the imprint of man's work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and un- confined 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, geo- logical, or other features of scientific, educational, scenic, or historical viuue. N A T I O N A L WILDERNESS PRESERVATION S Y S T E M — E X T E N T OF SYSTEM SEC. 3. (a) All areas within the national forests classified at least 30 days before the effective date of this Act by the Secretary of Agricul- ture 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 In- terior 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 descrij)tions, copies of regulations governing them, copies of public notices of, and re- ports submitted to Congress regarding pending additions, elimina- tions, or modifications. Maps, legal descriptions, and regulations pertaining to wilderness areas within their respective jurisdic- tions also shall be available to the public in the offices of regional foresters, national forest supenasors, and forest rangers. (b) The Secretary of Agriculture shall, within ten years after the classification. 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. The President shall advise the LTnited States Senate rerommendluon and House of Representatives of his recommendations with respect ro to cot^ress. °" 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, not less than two-thirds within seven years after the enactment of this Act, and the remaining areas within ten years after the enactment of this Act. Each recommenda- ^ ^°"^a"''^°"°^ tion of the President for designation as "wilderness" shall become
892 PUBLIC LAW88-577-SEPT. 3, 1964 [78 STAT. 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 imit; 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 altera- tion 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 area 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. Report to (c) Within ten years after the effective date of this Act the Secretary President. of the Interior shall review every roadless area of five thousand con- tiguous 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 refuses and game ranges, under his iurisdiction on the effective date of this Act and shall report to the President his recommendation as to the suitability or nonsuitability Presidential of each such area or island for preservation as wilderness. The Presi- recommendation to Congress. dent 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 Congressional ten years of enactment of this Act. A recommendation of the Presi- approval. dent for designation as wilderness shall become effective only if so pro- vided 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 mainte- nance of roadless areas within units of the national park system. Suitability. ( d ) ( 1 ) The Secretary of Agriculture and the Secretary of the Interior shall, prior to submitting any recommendations to the Presi- dent with respect to the suitability of any area for preservation as wilderness— Publication in Federal Register. (A) ^ive such public notice of the proposed action as thev deem appropriate, including publication in the Federal Register and in a newspaper having general circulation in the area or areas in the vicinity of the affected land; Hearings. (B) hold a public hearing or hearings at a loca,tion or locations Publication in convenient to the area aft'ected. The hearings shall be announced Federal Register. 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;
78 STAT. ] PUBLIC LAW 88-577-SEPT. 3,1964 893 (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) Any modification or adjustment of boundaries of any wilder- Proposed modi- ness 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 Kepresentatives of his recommenda- tions with respect to such modification or adjustment and such recom- mendations shall become effective only in the same manner as pro- vided for in subsections (b) and (c) of this section. USE OF WILDERNESS AREAS SEC. 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 national wildlife refuge systems are estab- lished 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- '^ "^^ ^^s. Use Sustained-Yield Act of June 12,1960 (74 Stat. 215). ^^ "sc 528-531. (2) Nothing in this Act shall modify the restrictions and pro- visions of the Shipstead-Nolan Act (Public Law 539, Seventy- first Congress, July 10, 1930; 46 Stat. 1020), the Thve-Blatnik 577^"^^"'" Act (Public Law 733, Eightieth Congress, June 22,1948; 62 Stat. 568), and the Humphrey-Thye-Blatnik-Andresen Act (Public 5^/^'^s^ 577c- Law 607, Eighty-fourth Congress, June 22, 1956; 70 Stat. 326), le'usc 577d.i. as applying to the Superior National Forest or the regulations of 577g-i, 577h. 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 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 jgus^' ^^^' was created, or any other Act of Congress which might pertain ^t seq. 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. 7 9 6 ( 2 ) ) ; and the Act of ^i stat. loea. August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.). (b) Except as otherwise provided in this Act, each agency admin- istering 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 estab- lished as also to preserve its wilderness character. Except as other-
894 PUBLIC LAW 88-577-SEPT. 3, 1964 [78 STAT. wise provided in this Act, wilderness areas shall be devoted to the public purposes of recreational, scenic, scientific, educational, conser- vation, and historical use. PROHIBITION OP 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 admin- istration 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 estab- lished, may be permitted to continue subject to such restrictions as the Secretary of Agriculture deems desirable. I n addition, such meas- ures 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 wilder- ness 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 pro- gram 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. i^i^V^ltn^"'''' claims, etc. (^) Notwithstanding any other provisions of this Act, until mid- night December 31, 1983, the United States mining laws and all laws pertaining to mineral leasing shall, to the same extent as applicable )rior to the effective date of this Act, extend to those national forest f ands 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, water- lines, telephone lines, or facilities necessary in exploring, drilling, producing, mining, and processing oj>erations, including where essen- tial 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 wil- derness areas shall be held and used solely for mining or processing operations and uses reasonably incident thereto; and hereafter, sub- ject 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
78 STAT. ] PUBLIC LAW 88-577-SEPT. 3, 1964 895 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 wil- derness 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 pur- poses 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) Within wilderness areas in the national forests designated by ^^*"" 'esources. this Act, (1) the President may, within a specific area and in accord- ance 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 the effective date of this Act, shall be permitted to continue subject to such reasonable regulations as are deemed necessary by the Secretarv of Agriculture. (5) Other pi-ovisions of this Act to the contrary notwithstanding, the management of the Boundary Waters Canoe Area, formerly desig- nated as the Superior, Little Indian Sioux, and Caribou Roadless Areas, in the Superior National Forest. Minnesota, shall be in accord- ance with regulations established by the Secretary of Agriculture in accordance with the general purpose of maintaining, without unneces- sary 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. (6) 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. (7) 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.
896 PUBLIC LAW 88-577-SEPT. 3, 1964 [78 STAT. (8) Nothing in this Act shall be construed as affecting the juris- diction or responsibilities of the several States with respect to wildlife and fish in the national forests. STATE A N D PRIVATE LANDS W I T H I N WILDERNESS AREAS SEC. 5. (a) In any case where State-owned or privately owned land is completely surrounded by national forest lands within areas desig- nated 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 State-owned land or privately owned land shall be exchanged for federally owned land in the same State of approximately equal value under authorities avail- Transfers, re- able to the Secretary of Agriculture: Provided^ hoioever^ That the striction- 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) I n any case where valid mining claims or other valid occu- pancies 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. Acquisition. (c) Subject to the appropriation of funds by Congress, the Secre- tary 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, A N D CONTRIBUTIONS SEC. 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 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. Regula- tions 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 fur- ther the purposes of this Act. A N N U A L tlEPORTS SEC. 7. A t 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, includ- ing a list and descriptions of the areas in the system, regulations in effect, and other pertinent information, together with any recommenda- tions they may care to make. Approved September 3, 1964.