Questions & Answers
Regarding Congressionally Designated Wilderness
What is wilderness?
Wilderness is defined by the Wilderness Act of 1964 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” .
Why are wilderness areas designated?
The Wilderness Act states that wilderness areas are established, “. . .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. . . ..”
How is wilderness designated?
Only Congress can designate a wilderness area.
How much wilderness has been designated by Congress?
Since Congress passed the Wilderness Act in 1964, over 100 individual acts have been passed designating over 600 wilderness areas. As of 2004 about 106 million acres have been designated wilderness in all but six states. Of this total, 54 million acres are in Alaska and about 48 million in the contiguous 48 states. This is about 2.5% of the land in the lower 48 states. To place this acreage in context, according to the Department of Agriculture's National Resources Inventory, there are approximately 110 million acres of intensively developed land, or nearly 6% of the land, within the 48 states. And this development is increasing by over 2 million acres per year.
Which agencies are responsible for management of wilderness areas?
Wilderness areas are managed by four Federal agencies: the Bureau of Land Management, the Fish and Wildlife Service, the Forest Service, and the National Park Service.
How much wilderness is managed by the Bureau of Land Management?
The BLM manages over 6.5 million acres in 161 wilderness areas located in all the western states except Wyoming.
What Multiple-Uses occur in Bureau of Land Management wilderness?
The multiple uses of wilderness include protection of air and watersheds; maintenance of soil and water quality, ecological stability, plant and animal gene pools, archaeological and historical sites, and habitat for wildlife; and, continued livestock grazing in areas where grazing was established prior to wilderness designation. Wilderness provides opportunities for outdoor recreation including: hunting, fishing, hiking, horseback riding, and camping. Wilderness also provides for the exercise of prior valid existing rights such as water rights, mining claims, mineral leases, and rights-of-way.
Does BLM wilderness management differ from management by other agencies?
Although the Fish and Wildlife Service, Forest Service, and National Park Service have their own specific laws and policies for resource management, they all respond to the same Congressional direction and intent within the Wilderness Act. Policy guidance may be somewhat different from one agency to the next, but overall management is essentially the same. National Park Service wilderness areas usually do not allow grazing or hunting, but this is because National Parks normally do not allow these activities, not because of wilderness designation.
What is the legal authority for wilderness management?
In general, wilderness management is established by the Wilderness Act of 1964. Additional wilderness management guidance can be included in the specific legislation that designates a specific wilderness area.
Are motor vehicles allowed?
Generally, the Wilderness Act prohibits the use of motor vehicles in wilderness. The law does make special provisions for motor vehicle use: when required in emergencies involving the health and safety of persons; to control fire, insects, and diseases, as necessary to meet minimum requirements for the administration of the area. Motor vehicles may also be allowed where reasonable access to inholdings, existing grazing uses, or valid existing rights requires motorized access. These provisions are elaborated upon in the Code of Federal Regulations (CFR).
What recreation activities occur in wilderness?
Wilderness areas support non-motorized, non-mechanized recreation that is consistent with protection of wilderness characteristics. Recreational uses in wilderness include activities such as hunting, fishing, hiking, horseback riding, backpacking, camping, nature study, photography, and rock climbing.
Are bicycles allowed?
Bicycles are not allowed in wilderness areas. Bicycles are a form of mechanized transport, and as such are prohibited by the Wilderness Act.
Is hunting permitted?
Yes. Hunting and fishing are allowed in BLM-managed wilderness areas, subject to applicable State and Federal laws. Hunting and fishing activities must be properly licensed, as required by state laws.
Are outfitters allowed to operate in wilderness?
Yes. Outfitters may be permitted to operate in BLM wilderness areas.
Are wheelchairs allowed?
Yes. Wheelchairs are permitted in wilderness areas. 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.
Is grazing permitted?
Yes. Grazing is permitted in areas where permits existed prior to the area being designated as wilderness. According to the Congressional Grazing Guidelines in House Report 96-1126, “[t]here shall be no curtailment of grazing in wilderness areas simply because an area is, or has been designated as wilderness, nor should wilderness designation be used . . . to slowly ‘phase out’ grazing. It is anticipated that the numbers of livestock permitted to graze in wilderness would remain at the approximate levels existing at the time an area enters the wilderness system.”
Can range developments be maintained?
Yes. The maintenance of range developments (including fences, water wells and lines, stock tanks), is permissible in wilderness. Although maintenance is usually completed with non-motorized means, where practical alternatives do not exist, maintenance may be completed with the occasional use of motorized equipment.
Can new range management projects be developed?
Yes. The construction of new range developments is permissible if the development is consistent with the management plan and the new improvements project is primarily for the purpose of resource protection and the more effective management of these resources rather than to accommodate increased numbers of livestock.
Can ranchers use motor vehicles to take hay, salt, and other feed to their livestock, or to maintain existing developments such as stock ponds, tanks, or fences?
The Congressional Grazing Guidelines direct that the use of motorized equipment be based on a rule of practical necessity and reasonableness. Where practical alternatives do not exist, maintenance or other activities may be accomplished through the occasional use of motorized equipment. Motorized equipment need not be allowed for activities that can reasonably and practically be accomplished on horseback or foot. Use of motorized equipment is normally only permitted to those portions of a wilderness area where they had occurred prior to the area’s designation as wilderness and where motorized equipment would not have a significant adverse effect on the natural environment.
How does wilderness designation impact opportunities for hard rock mining or mineral leasing?
Subject to valid rights, the minerals in wilderness are withdrawn from all forms of appropriation under the mining laws and from disposition under mineral leasing laws. Prior existing claims or leases may be valid existing rights under appropriate circumstances.
Is mineral exploration allowed?
The Wilderness Act allows prospecting for the purpose of gathering information about mineral or other resources, if such activity is compatible with the protection of the wilderness.
How does wilderness designation impact future proposals for roads?
The Wilderness Act prohibits construction of new roads, subject to valid existing rights.
Can landowners build roads to access their property if the property is located within a wilderness area?
Landowners have the right to have access to their property. The BLM may approve the kind and degree of access that the landowner enjoyed immediately before the wilderness was designated and BLM determines will serve the purpose for which the lands are used and that will cause the lease impact on wilderness character.
Can the BLM acquire privately-owned lands within a wilderness?
The BLM can acquire privately-owned lands within a wilderness through an exchange or purchase if the owner concurs in such acquisition or the acquisition is specifically authorized by Congress.
How does the BLM manage fires in wilderness?
The BLM manages fires in wilderness similar to fire management outside wilderness. In many cases, fire is a natural part of the wilderness character of an area. In these situations, the BLM is working to restore fire to its natural role. Natural and prescribed fires may be allowed to burn when the fire is in conformity with an approved fire management plan. In all cases, the equipment and tactics used to manage fires is designed to minimize the impact to wilderness values. When fire threatens human life or property, motorized equipment or other tools are used as necessary to eliminate or minimize the threat.
Is rescue equipment allowed?
Yes. Rescue equipment, including motor vehicles, is allowed when required in emergencies involving the health and safety of persons within the area.
How are water rights impacted?
Wilderness designation does not impact existing water rights. Some wilderness areas have a reserved water right and some wilderness areas do not. When a wilderness has Federal water rights, the effective date of the right is the date of wilderness designation. When a wilderness area has a Federal water right, it does not affect any other existing water rights and uses occurring on the date of wilderness designation.
How does wilderness designation affect air quality status?
The Clean Air Act Amendments of 1977 designated wilderness areas existing at that time to be Class I Areas. Areas designated wilderness after 1977 are classified as Class II, unless they are additions to existing Class I areas. The Clean Air Act also allows the states to designate future wilderness areas as Class I using normal state processes. The majority of BLM wilderness areas are Class II, which allows some degradation associated with moderate industrial and population growth.
How are specific management provisions developed for a particular wilderness area?
Wilderness management plans are developed for each BLM-administered wilderness area. Each plan is tailored to the environmental setting, history of use, and other factors affecting each individual area. The plans are developed with input from state and local agencies, and the local community. Once developed, plans are submitted for additional public review and undergo intense scrutiny prior to approval.
