Americans with Disabilities Act (ADA) of 1990. (P.L.

101-336)
http://www.usdoj.gov/crt/ada/pubs/ada.txt
The purpose of this Act is to provide a clear and comprehensive national mandate for
the elimination discrimination against people with disabilities in areas of employment,
transportation, communication, from the discriminatory aspects of architecture, over
protective rules and policies, failure to make modifications to existing facilities and
practices, and relegation to lesser services, programs, activities, benefits, jobs, or other
opportunities.
The Conference Committee Report on this bill contains discussion specific to wilderness
under Title V (Miscellaneous Provisions), item 76.
(1) IN GENERAL. Congress reaffirms that nothing in the Wilderness Act shall be
construed as prohibiting the use of a wheelchair in a wilderness area by an individual
whose disability requires use of a wheelchair, and consistent with the Wilderness Act,
no agency shall be required to provide any form of special treatment or accommodation,
or to construct any facility or modify any conditions of lands within a wilderness area to
facilitate such use.
(2) DEFINITION. For purposes of paragraph (1), 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..
Consistent with this section and the Wilderness Act of 1964, the conferees intend that,
where appropriate and consistent with the management objectives and maintenance of
the wilderness character of the area, the land management agencies charged with the
management responsibilities for wilderness areas designated under the authority of the
Wilderness Act of 1964 should, when constructing or reconstructing a trail, bridge or
facility, comply with the intent of this Act. In cases where Agencies have delegated or
subcontracted their responsibilities, the intent of this section shall apply to the designee
or contractor.
This Act amends the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.) which requires
federal agencies to make facilities and programs accessible. ADA extends to mandate
to all state and local governments and any facility or program receiving government
funding.
The Rehabilitation Act, ADA and the 64 Wilderness Act appear to conflict dramatically if
read literally without applying some common sense. The latter proposes to protect
natural and undeveloped landscape values for future generations. ADA seeks to
eliminate all discrimination to programs and facilities by tailoring facilities and programs
to be universally accessible. The key point is that equal access will be provided and
facilities will be universally accessible by not discriminating against people with
disabilities. Wheelchairs (as defined by the law) are allowed in wilderness and the
Forest Service does not install barriers to their use when constructing or reconstructing
trails or bridges in wilderness. However, wilderness trail standards (management
objectives) are applied and not the trail standards established for accessible nonwilderness trails. This approach allows equal access to all but does not alter the
character of the wilderness.