The Use of Unmanned Aircraft Systems (UAS)
in National Forest Wilderness
A policy summary
WWSR
08/25/2014
UAS, or “drones,” are aircraft guided by remote control or onboard computers. Examples
include such devices as model aircraft and gyrocopters. UAS use for commercial, military and
research applications is increasing, along with the development of UAS for recreational use by
the general public. Currently, recreational UAS with extend ranged and flight times (several
miles; over 400 feet in elevation) are publically-available.
Currently, there is no law, regulation or agency policy specific to the use of UAS in wilderness
areas administered by the Forest Service. A summary of applicable law, regulation and policy
specific to Forest Service wilderness follows:
The Wilderness Act (P.L. 88-577): In summary, wilderness areas must be administered to
provide for the preservation of their wilderness character, including undeveloped qualities and
opportunities for solitude or a primitive and unconfined type of recreation. Section 2 (a) of the
Wilderness Act identifies a National Wilderness Preservation System policy “to assure that
increasing population, accompanied by expanding settlement and growing mechanization does
not occupy and modify all areas.” Section 4 (c) of the Wilderness Act provides, with exceptions,
that “there shall be...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.”
The Code of Federal Regulations (CFR): Regulations specific to the prohibitions within
wilderness areas are provided at 36 CFR 261.18:
“The following are prohibited in a National Forest Wilderness:
(a) Possessing or using a motor vehicle, motorboat or motorized equipment except as
authorized by Federal Law or regulation.
(b) Possessing or using a hang glider or bicycle.
(c) Landing of aircraft, or dropping or picking up of any material, supplies, or person by
means of aircraft, including a helicopter.”
Relevant definitions at 36 CFR 261.2 include:
“Motorized equipment means any machine activated by a nonliving power source except small
battery-powered hand carried devices such as flashlights, shavers, Geiger counters, and
cameras.”
Regulations specific to wilderness are promulgated at 36 CFR 293 and include:
 §293.3 Control of uses. “To the extent not limited by the Wilderness Act, subsequent
legislation establishing a particular unit, or the regulations in this part, the Chief, Forest
Service, may prescribe measures necessary to control fire, insects, and disease and
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measures which may be used in emergencies involving the health and safety of persons
or damage to property and may require permits for, or otherwise limit or regulate, any
use of National Forest land, including but not limited to, camping, campfires, and
grazing of recreation livestock.”
§293.6 “ (a) Mechanical transport, as herein used, shall include any contrivance which
travels over ground, snow, or water on wheels, tracks, skids, or by flotation and is
propelled by a non-living power source contained or carried on or within the device.”
§293.6 “(b) Motorized equipment, as herein used, shall include any machine activated by
a nonliving power source, except that small battery-powered, hand-carried devices such
as flashlights, shavers, and Geiger counters are not classed as motorized equipment.”
Forest Service Policy: Forest Service Manual (FSM) chapter 2320 directs wilderness
management. Some applicable direction includes:
2320.2 – Objectives
“3. Minimize the impact of those kinds of uses and activities generally prohibited by the
Wilderness Act, but specifically excepted by the Act or subsequent legislation.”
2320.5 – Definitions
“3. Mechanical Transport. Any contrivance for moving people or material in or over
land, water, or air, having moving parts, that provides a mechanical advantage to the user, and
that in powered by a living or nonliving power source. That includes, but is not limited to,
sailboats, hang gliders, parachutes, bicycles, game carriers, carts, and wagons. It does not
include wheelchairs when used as necessary medical appliances. It also does not include skis,
snowshoes, rafts, canoes, sleds, travois, or similar primitive devices without moving parts.”
“4. Motorized Equipment. Machines that use a motor, engine, or other nonliving power
sources. This includes, but is not limited to, such machines as chain saws, aircraft,
snowmobiles, generators, motorboats, and motor vehicles. It does not include small battery or
gas powered handcarried devices such as shavers, wristwatches, flashlights, cameras, stoves, or
other similar small equipment.”
2326 – Use of Motorized Equipment or Mechanical Transport in Wilderness
2326.02 – Objectives
“1. Accomplish management activities with nonmotorized equipment and
nonmechanical transport of supplies and personnel.
2. Exclude the sight, sound, and other tangible evidence of motorized equipment or
mechanical transport within wilderness except where they are needed and justified.”
2326.03 – Policy
“3. Discourage flights over wilderness within 2,000 feet of the ground surface, except in
emergencies or for essential military missions. (The Federal Aviation Administration (FAA) has
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agreed to and the National Oceanic and Atmospheric Administration (NOAA) has posted, for
the FAA, a 2,000 foot over terrain flight advisory on appropriate aeronautical charts. Specific
legislative provisions regarding overflight pertain to certain wildernesses.) Cooperate with the
FAA, NOAA, military authorities, and with local pilots to promote compliance with the 2,000
foot limit, to keep aeronautical charts current, and to reduce low level flight.”
FSM 2326 also identifies the appropriate level of line officer authorized to make decisions on
the use of motorized equipment or mechanical transport, and the conditions under which such
use may be approved.
Wilderness Specific Policy
Wilderness areas which have closed airspace, such as the Boundary Waters Canoe Area
Wilderness (EO 10092), are closed to “aircraft,” which is interpreted as not applying to
recreational UAS.
Conclusions
1. There is general agreement among Forest Service wilderness managers that:
 UAS meet the definition of “motorized equipment” and/or “mechanical
transport” and are therefore subject to prohibitions in law, regulation and policy.
 UAS use in wilderness, including the sight and sound of UAS in wilderness, is
incompatible with preserving wilderness character, may negatively influence the
natural processes of wildlife and may reduce opportunities for primitive and
unconfined recreation within wilderness.
2. Current agency authority only clearly provides for the prohibition of UAS in wilderness is
limited to instances where operation/piloting of the UAS occurs within the wilderness
area.
3. UAS in the airspace over wilderness but operated/piloted from outside the wilderness is
not clearly prohibited, unless the drone lands, drops or picks up anything from within
the wilderness.
4. Regulations cited above appear to be specific to activities occurring on National Forest
System lands, not the airspace above the lands.
5. The definition of mechanical transport at 36 CFR 293.6(a) does not include contrivances
travelling “in or over….air”, such as the “hang gliders” and “parachutes” included in the
definition at FSM 2320.5(3).
6. The definition of motorized equipment at 36 CFR 261.2, 293.6(b) and FSM 2320.5(4)
excludes “small battery-powered hand carried devices such as flashlights, shavers,
Geiger counters, and cameras.”
7. Administrative use of drones in wilderness by the Forest Service, or authorization of use
of drones in wilderness by other parties is subject to restrictions at 36 CFR 293.3 and in
FSM 2326. In general administrative use requests are subject to the minimum
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requirements decision making processes that authorize nonconforming uses in
wilderness.
8. Enforcement of the prohibition on UAS use in wilderness is expected to be difficult. To
that end, the WWSR staff is working with Jennifer Jones APR, WO Fire and Aviation
Management on a user code of ethics for responsible UAS use. A draft is attached that
identifies use prohibitions in wilderness and discourages use over wilderness.
9. Continual field inquiries have yielded several reports of UAS use in wilderness. LE&I has
no documented requests for enforcement action. More information is needed to better
inform appropriate regulatory prohibitions.
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