C.F.R. » Title 36 » CHAPTER II—FOREST SERVICE, DEPARTMENT OF AGRICULTURE › PART 293—WILDERNESS—PRIMITIVE AREAS

36 C.F.R. § 293.2

Objectives

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Except as otherwise provided in the regulations in this part, National Forest Wilderness shall be so administered as to meet the public purposes of recreational, scenic, scientific, educational, conservation, and historical uses; and it shall also be administered for such other purposes for which it may have been established in such a manner as to preserve and protect its wilderness character. In carrying out such purposes, National Forest Wilderness resources shall be managed to promote, perpetuate, and, where necessary, restore the wilderness character of the land and its specific values of solitude, physical and mental challenge, scientific study, inspiration, and primitive recreation. To that end:

(a) Natural ecological succession will be allowed to operate freely to the extent feasible.

(b) Wilderness will be made available for human use to the optimum extent consistent with the maintenance of primitive conditions.

(c) In resolving conflicts in resource use, wilderness values will be dominant to the extent not limited by the Wilderness Act, subsequent establishing legislation, or the regulations in this part.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1975–2023 · leading case: High Sierra Hikers Ass'n v. Blackwell, 390 F.3d 630 (9th Cir. 2004).
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High Sierra Hikers Ass'n v. Blackwell, 390 F.3d 630 (9th Cir. 2004). · cites it 2× “” 36 C.F.R. § 293.2 . The Forest Service, in resolving potential conflicts in resource use, must find that “wilderness values will be dominant to the extent not limited by the Wilderness Act.”
High Sierra Hikers Ass'n v. Blackwell, 381 F.3d 886 (9th Cir. 2004). · cites it 2× “” 36 C.F.R. § 293.2 . The Forest Service, in resolving potential conflicts in resource use, must find that “wilderness values will be dominant to the extent not limited by the Wilderness Act.”
High Sierra Hikers Ass'n v. United States Forest Serv., 436 F. Supp. 2d 1117 (E.D. Cal. 2006). “§ 1133 (d); AR at 2076 (“Where there are alternatives among management decisions, wilderness values shall dominate over all other considerations except where limited by the Wilderness Act, subsequent legislation, or regulations”); 36 C.F.R. § 293.2 (c) (“wilderness values will…”
Minnesota Pub. Interest Rsch. Grp. v. Butz, 401 F. Supp. 1276 (D. Minnesota 1975). · cites it 3× “36 C.F.R. § 293.2 (b). Thus, both the Wilderness Act and the Secretary’s Regulations suggest the adverse effects that logging has on the primitive character of an area.”
High Sierra Hikers Ass'n v. Powell, 150 F. Supp. 2d 1023 (N.D. Cal. 2001). “See 36 C.F.R. § 293.2 . This evidence of environmental degradation raises serious concerns.”
Izaak Walton League of Am., Inc. v. Kimbell, 516 F. Supp. 2d 982 (D. Minnesota 2007). “The Court finds that these regulations do not distinguish between agency action inside and outside the wilderness. Whether the agency action in this case is arbitrary and capricious will liltely depend on whether its action violates the Wilderness Act, as discussed below.”
High Sierra Hikers Ass'n v. Weingardt, 521 F. Supp. 2d 1065 (N.D. Cal. 2007). · cites it 2× “” 36 C.F.R. § 293.2 (emphasis added). The Wilderness Act prohibits commercial enterprises in wilderness areas ( 16 U.”
Californians for Alternatives to Toxics v. United States Fish & Wildlife Serv., 814 F. Supp. 2d 992 (E.D. Cal. 2011). “2006) (citing 36 C.F.R. § 293.2 (c) (“wilderness values will be dominant to the extent not limited by the Wilderness Act”)); see also Wolf Recovery Found.”
High Sierra Hikers Ass'n v. United States Dep't of the Interior, 848 F. Supp. 2d 1036 (N.D. Cal. 2012). “” 36 C.F.R. § 293.2 (c). Furthermore, the Act largely prohibits commercial enterprises in wilderness areas, authorizing them only “to the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the areas.”
Norman G. Jensen, Inc. v. United States, 76 Cust. Ct. 42 (Cust. Ct. 1976). “The federal government recognizes this in providing the National Forest Wilderness System the objectives of which are set forth in 36 C.F.R. 293.2 and read insofar as is pertinent as follows: * * * In carrying out such purposes, National Forest Wilderness resources shall be…”
Wilderness Watch v. United States Fish & Wildlife Serv. (D. Mont. 2023). “See 36 C.F.R. § 293.2 (“In resolving conflicts in resource use, wilderness values will be dominant to the extent not limited by the Wilderness Act, subsequent establishing legislation, or the regulations in this part.”
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