[Federal Register Volume 61, Number 245 (Thursday, December 19, 1996)]
[Proposed Rules]
[Pages 66968-66974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31957]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Parts 6300 and 8560
[WO-420-1060-00-24 1A]
RIN 1004-AB69
Wilderness Management
AGENCY: Bureau of Land Management, Interior.
ACTION: Proposed rule.
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SUMMARY: The Bureau of Land Management (BLM) proposes to revise and
update the regulations for management of designated wilderness areas.
Since the original issuance of the regulations, BLM has developed new
policies, Congress has required new procedures, and technologies have
changed. The proposed revision would add new requirements based on
changes in legislation or agency objectives and clarify use of
wilderness areas, prohibited acts, special uses and access to non-
Federal lands located within BLM wilderness areas.
DATES: You must submit comments by February 18, 1997. Comments received
or postmarked after this date may not be considered in the
decisionmaking process on the final rule.
ADDRESSES: You must submit comments or suggestions to: Bureau of Land
Management, Administrative Record, 401 LS, 1849 C Street, NW,
Washington, DC 20240. You may also comment via the internet to
[email protected] Please include ``attn: AB69'' and your name and
address in your internet message. If you do not receive a confirmation
from the system that we have received your internet message, contact us
directly at (202) 452-5030. You may review comments, including names
and street addresses of respondents, at the above address during
regular business hours (7:45 a.m. to 4:15 p.m.), Monday through Friday,
except holidays. Individual respondents may request confidentiality. If
you wish to withhold your name or street address, except for the city
or town, from public review or from disclosure under the Freedom of
Information Act, you must state this prominently at the beginning of
your comment. Such requests will be honored to the extent allowed by
law. However, anonymous comments will not be considered. All
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, will be made available for public inspection in their
entirety.
FOR FURTHER INFORMATION CONTACT: Rob Hellie, Cultural Heritage,
Wilderness, Special Areas & Paleontology Group, (202) 452-7703,
Regulatory Management Team (202) 452-7785.
Supplementary Information:
I. Discussion of Proposed Rule
The Federal Land Policy and Management Act (FLPMA) (43 U.S.C. 1701
et seq.) and the Wilderness Act (16 U.S.C. 1131 et seq.) direct BLM to
manage wilderness areas for the use and enjoyment of the American
people in a manner that will leave them unimpaired for future use and
enjoyment, provide for the protection of these areas, the preservation
of their wilderness character, and the gathering and disseminating of
information about their use and enjoyment as wilderness. In short,
unless specified otherwise by Congress, BLM must ensure the
preservation of wilderness character for all activities conducted
within wilderness areas.
These proposed regulations govern the management of BLM wilderness
areas outside Alaska. They tell you what wilderness areas are, how BLM
is to manage them, and how you can use them. These regulations also
tell you what activities BLM does not allow in wilderness areas, the
penalties for doing prohibited acts, and the special provisions for
some uses and access. When BLM has management responsibility for
wilderness areas in Alaska, regulations for their management will be
developed under the Wilderness Act (16 U.S.C. 1131 et seq.), and the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3101).
Since BLM issued the current wilderness management regulations in
1985, several legislative, policy, and technological changes have
occurred that require their revision. Examples of legislative changes
include the Americans with Disabilities Act (42 U.S.C. 12207) and the
American Indian Religious Freedom Act (42 U.S.C. 1996). For ease of
discussion in the preamble, we grouped the revisions into the following
five categories: (1) Definitions, (2) use of wilderness areas, (3)
prohibited acts, (4) special use provisions, and (5) access.
As discussed in an Advance Notice of Proposed Rulemaking published
June 5, 1996 (61 FR 28546), some of BLM's regulations, particularly in
the areas of recreation and resource preservation and conservation, are
being reorganized. As part of that reorganization, the regulations on
wilderness management would be renumbered in this rule as part 6300
instead of part 8560. Also, we have attempted to write these
regulations in plainer English.
(1) Definitions
The proposed rule in section 6301.50 amends several definitions
included in the existing regulations. BLM also changed the definition
of ``mechanical transport'' and ``motorized equipment.'' The proposed
rule would make it clear that sailboats, sailboards, parachutes, game
carriers, carts, wagons, and similar devices are mechanical transports
under Section 4(c) of the Wilderness Act. Similarly, the definition of
motorized equipment now includes a list of items such as chain saws,
power drills, and motor vehicles. BLM includes some new definitions in
section 6301.50. Among these is a definition of ``wheelchair.'' The
proposed rule adopts the definition from the Americans with
Disabilities Act of 1990. Definitions were also added for the terms
``inholding'' and ``valid occupancy'' to clarify the discussion of
access to non-federal lands.
(2) Use of Wilderness Areas
The proposed rule in subpart 6302 amends the existing regulations
concerning the use of wilderness areas.
The proposed rule references an existing provision of 43 CFR 8372
that BLM may require a permit and charge a fee for use of wilderness
areas. This provision has applied in BLM wilderness areas for many
years. It is not new policy.
Section 6302.40 of the proposed rule changes the requirements for
the collection, disturbance, or removal of animals, plants, rocks, or
other natural resources from BLM wilderness areas. The existing
regulations in 43 CFR part 8560 prohibit only the cutting of trees and
the removal of common variety mineral materials from BLM wilderness
areas. The proposed rule in Sec. 6302.40 provides that BLM may, by
authorization, allow persons to gather information in wilderness areas
about natural resources, including collecting physical specimens or
samples, provided they do it in a manner compatible with the
preservation, protection, and maintenance of the wilderness
environment. While a single activity or a small number of such
activities might not result in degradation of the wilderness area, it
is possible that many or cumulative occurrences could result in damage
to wilderness resources. Accordingly, BLM proposes to prohibit certain
activities in BLM wilderness areas unless the user obtains an
authorization from BLM. The rule would not impose similar restrictions
on public lands other than
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wilderness areas. Public lands would continue to be open to those
activities allowed by statute, regulation, permit, or other forms of
authorization.
(a) Use of Wheelchairs
The proposed rule in section 6302.50 is consistent with the
Americans with Disabilities Act of 1990 (ADA) (104 Stat. 327, 42 U.S.C.
12207), which provides for the use of wheelchairs in wilderness areas
by an individual whose disability requires use of a wheelchair. The ADA
does not require BLM to provide any special treatment or accommodation,
or to construct any facilities, or modify any conditions of lands
within a wilderness area in order to facilitate such use by
wheelchairs. Such special accommodation would be inconsistent with the
purposes of the Wilderness Act.
(b) Traditional Religious Purposes
The proposed rule at section 6302.60 contains special provisions
allowing BLM to grant Native American people access to BLM wilderness
areas for traditional religious purposes.
These provisions specify that the BLM may temporarily close
portions of wilderness areas to public use to protect the privacy of
people engaged in religious uses.
(3) Prohibited Acts and Penalties
The proposed rule at section 6302.70 includes a list of prohibited
actions and activities.
(a) Competitive Events
BLM retains in the proposed rule at section 6302.70 a prohibition
against holding or conducting competitive events in wilderness areas.
Such events typically involve animal, foot, or water craft races and
other similar activities. These events are not compatible with the
stated purposes of wilderness areas, which are to be places of
solitude. Such events intrude upon the solitude of wilderness visitors.
Also, these events are often, although not always, commercial
enterprises, prohibited by Section 4(c) of the Wilderness Act. Other
commercial activities in wilderness areas, where specifically
authorized by statute or regulations, such as outfitting for hunting,
recreation, river running, and similar uses, are not affected by this
policy provision. The proposed rule at section 6302.70 combines
existing provisions of the regulations that prohibit landing aircraft
and dropping materials, supplies, or skydivers from them. The new
provision specifies that ``aircraft'' also includes helicopter, hang-
glider, hot air balloon, parasail, and parachute.
(b) Rock Climbing
The proposed rule at section 6302.70 prohibits, unless it is
provided for in the management plan, the use of any type of permanent
fixed anchor, including expansion bolts, construction or placement of
permanent artificial hand and footholds, and the use of glues, epoxies,
or other fixatives on a natural surface to facilitate mountain
climbing, rock climbing, or cave exploration. This provision of the
proposed rule is similar to the approach used by the National Park
Service and provides BLM with the ability to manage such use through
the land use planning process. Individual rock climbing and bolting
activities may not adversely affect the wilderness environment, but
taken collectively a number of such activities could have a detrimental
affect in an individual BLM wilderness area. BLM is not proposing
restrictions on or prohibitions of rock climbing activities in areas of
the public lands other than BLM wilderness areas. Rock climbing is a
legitimate recreational use of the public lands and should be allowed
as one of the many forms of recreation activities permissible on BLM
lands.
(c) Penalties
Penalty provisions would be revised in section 6302.80 to
accommodate amendments of the Sentencing Reform Act of 1984 (18 U.S.C.
3571 et seq.), and to avoid the misleading impression that criminal
penalties are limited to the minimum amounts provided for in FLPMA. The
Criminal Fine Improvements Act of 1987 substantially increased the
maximum fine that may be levied on violators of Federal law and
regulations.
(4) Special Provisions
The Wilderness Act makes special provision for some uses. The
proposed rule in subpart 6303 discusses how these special provisions
may affect you if you engage in one of these uses.
(a) Use of Aircraft
Unless Congress specifies otherwise in the statute designating a
particular wilderness area, the designation of BLM areas as components
of the National Wilderness Preservation System would not by itself
preclude low-level overflight by military aircraft, designation of new
units of special use airspace, or establishment of military flight
training routes over BLM wilderness areas.
(b) Mining, Mineral Leasing and Material Sales
The proposed rule in part 6303 would not change BLM policies
regarding mineral development, mineral leases or permits in wilderness
areas. The changes included in the proposed rule are essentially
remedial changes to eliminate errors and clarify valid existing rights
for mineral and geothermal leases, licenses, and permits.
(c) Livestock Grazing
Under the Wilderness Act and the proposed rule, grazing activities
including the associated use and maintenance of livestock management
facilities may continue at the levels existing at the time of
wilderness designation. Construction, replacement, or reconstruction of
deteriorated grazing support facilities is permissible if in
conformance with the management plan. Any operation or maintenance of
facilities must ensure protection of wilderness resource values. Under
the proposed rule, grazing of livestock in wilderness areas will be
governed by the guidelines found in Appendix A of the Report of the
Committee on Interior and Insular Affairs to accompany H.R. 2570 of the
101st Congress (H. Rept. 101-405).
(5) Access
The proposed rule at subpart 6304 would clarify the procedure used
to provide access to non-Federal land affected by wilderness
designation.
In conformance with the Wilderness Act, section 6304.20 of the
proposed rule assures that owners of non-Federal lands completely
surrounded by wilderness areas will be given rights necessary to assure
adequate access. The proposed regulations at section 6304.20 also cover
access to valid mining claims or other valid occupancies within
wilderness areas.
II. Procedural Matters
National Environmental Policy Act
BLM has prepared a draft environmental assessment (EA) and made a
tentative finding that the proposed rule would not constitute a major
federal action significantly affecting the quality of the human
environment under Section 102(2)(C) of the National Environmental
Policy Act of 1969 (NEPA), 42 U.S.C. 4332(2)(C). BLM anticipates making
a Finding of No Significant Impact for the final rule in accordance
with BLM's procedures under NEPA. The draft EA is on file in the BLM
Administrative Record at the address specified previously (see
ADDRESSES). BLM will complete an EA on the final rule and make a
finding on the significance of any resulting impacts prior to
promulgation of the final rule.
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Paperwork Reduction Act
The provisions for collection of information contained at 43 CFR
part 8500 have previously been approved by the Office of Management and
Budget and assigned clearance numbers 1004-0119 and 1004-0133. This
rule does not contain additional information collection requirements
that require approval by the Office of Management and Budget under 44
U.S.C. 3501 et seq.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980 (RFA) (5
U.S.C. 601 et seq.) to ensure that Government regulations do not
unnecessarily or disproportionately burden small entities. BLM has
determined under the RFA that this proposed rule would not have a
significant economic impact on a substantial number of small entities.
Changes from the existing regulations are few: The rule would provide
for access to inholdings, allow temporary closure of areas to
accommodate Native American religious activities, expand slightly the
requirement for authorization before engaging in research in
wilderness, prohibit or limit certain recreational activities, and
clarify the rules on access by wheelchair. None of these changes are
expected to have more than marginal economic impacts on anyone, and
should not unnecessarily or disproportionately affect small entities.
Unfunded Mandates Reform Act
BLM has determined that this regulation is not significant under
the Unfunded Mandates Reform Act of 1995 because it will not result in
the expenditure by State, local, and tribal governments, in the
aggregate, or by the private sector, of $100 million or more in any one
year. Further, this rule will not significantly or uniquely affect
small governments.
Executive Order 12612
The proposed rule would not have sufficient federalism implications
to warrant BLM preparation of a Federalism Assessment.
Executive Order 12630
The Department certifies that this proposed rule does not represent
a governmental action capable of interference with constitutionally
protected property rights. Therefore, as required by Executive Order
12630, the Department of the Interior has determined that the rule
would not cause a taking of private property.
Executive Order 12988
The Department conducted an Executive Order 12988 review of the
proposed rule and determined that it meets the applicable standards of
section 3 (a) and (b) of the Executive Order.
Executive Order 12866
BLM has determined that the proposed rule is not a significant
regulatory action under section 3(f) of Executive Order 12866. This
rule was not subject to review by the Office of Management and Budget
under Executive Order 12866. The cost of complying with the
requirements of the proposed rule is indistinguishable from the cost of
complying with the requirements imposed by the existing Wilderness
Management regulations. The changes in the proposed rule are primarily
not economic: They would provide a way of obtaining access to
inholdings; they would impose certain limited restrictions on some
recreational uses; they would broaden slightly the requirement for
obtaining authorization before information gathering and research in
wilderness; they would provide privacy for Native Americans engaging in
religious activities in wilderness; and they would clarify to what
extent wheelchairs are allowed in wilderness.
Authors: The principal authors of this proposed rule are Rob
Hellie, Jeff Jarvis, Keith Corrigall (retired), Bob Barbour, and Ted
Hudson of the BLM, assisted by Wendy Dorman of the Office of
Solicitor.
List of Subjects in 43 CFR Parts 6300 and 8560
Penalties, Public lands, Reporting and recordkeeping requirements,
Wilderness areas.
For the reasons explained in the preamble and under the authority
of 43 U.S.C. 1740, chapter II, subtitle B of title 43 of the Code of
Federal Regulations is proposed to be amended as follows:
1. Group 8500, consisting of part 8560 (Secs. 8560.0-1 through
8560.5) is removed.
2. The heading for subchapter F is revised to read as follows:
SUBCHAPTER F--PRESERVATION AND CONSERVATION (6000)
3. A new part 6300 is added to read as follows:
Part 6300--Management of Designated Wilderness Areas
Subpart 6301--Introduction
Sec.
6301.10 What is the purpose of this part?
6301.30 What is a BLM wilderness area?
6301.50 What are the definitions of terms used in this part?
Subpart 6302--Use of Wilderness Areas, Prohibited Acts, and Penalties
6302.10 May I use wilderness areas?
6302.20 Do I need and where do I obtain an authorization to use a
wilderness area?
6302.30 When and how does BLM close or restrict use of wilderness
areas?
6302.40 May I gather information, do research, or collect things
such as rocks, animals, plants, or other types of natural or
cultural resources in wilderness areas?
6302.41 Will BLM authorize me to use a motor vehicle, motorized
equipment, or mechanized transport to conduct research or gather
resource information?
6302.50 May wheelchairs be used in a wilderness area?
6302.60 May wilderness areas be used for traditional religious
purposes?
6302.70 What activities does BLM prohibit in wilderness areas?
6302.80 What penalties am I subject to if I commit one or more of
the prohibited acts?
Subpart 6303--Special Provisions
6303.10 Are there special provisions for some uses of wilderness
areas?
6303.20 Are there special provisions for aircraft and motorboat use
within wilderness areas?
6303.30 What special provisions apply to operations under the
mining laws?
6303.31 How will BLM determine the validity of unpatented mining
claims or sites?
6303.40 What special provisions apply to mineral leasing and
material sales?
6303.50 What special provisions apply to water and power resources?
6303.60 What special provisions apply to livestock grazing?
6303.70 What special provisions apply to other commercial use?
6303.80 What special provisions apply to administrative and
emergency functions?
Subpart 6304--Access to State and Private Lands Within Wilderness Areas
6304.20 How will BLM give access to State and private land within
wilderness areas when the access is affected by wilderness
designation?
Authority: 16 U.S.C. 1133; 43 U.S.C. 1733, 1740, 1782.
Subpart 6301--Introduction
Sec. 6301.10 What is the purpose of this part?
This part governs the management of BLM wilderness areas outside
of Alaska. They tell you what wilderness areas are, how BLM is to
manage them, and how you can use them. These regulations also tell you
what activities BLM does not allow in wilderness areas, the penalties
for performing prohibited acts, and the special provisions for some
uses and access.
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Sec. 6301.30 What is a BLM wilderness area?
A BLM wilderness area is an area of public lands designated by
Congress for BLM to manage as a component of the National Wilderness
Preservation System. The Wilderness Act provides an extensive
definition of wilderness and wilderness area. See 16 U.S.C. 1131.
Sec. 6301.50 What are the definitions of terms used in this part?
Terms used in this part have the following meanings:
Access means the ability of property owners to have ingress and
egress to and from State or private inholdings, valid mining claims, or
other valid occupancies. It does not include rights-of-way or permits
under section 501 of FLPMA (43 U.S.C. 1761).
Inholding means State-owned or privately-owned land or an interest
in land that is completely surrounded by congressionally designated
wilderness areas.
Mechanical transport means any contrivance for moving people or
material in or over land, water, snow, or air that has moving parts and
is powered by a living or nonliving power source. This includes, but is
not limited to, sailboats, sailboards, hang gliders, parachutes,
bicycles, game carriers, carts, and wagons. The term does not include
wheelchairs when used as necessary medical appliances, nor does it
include skis, snowshoes, non-motorized river craft including, but not
limited to, driftboats, rafts, and canoes, or sleds, travois, or
similar primitive devices without moving parts.
Mining operations means all functions, work, and activities in
connection with prospecting, exploration, development, mining or
processing of mineral resources and all uses of the land reasonably
incident thereto, including roads and other means of access on lands
subject to the regulations in this part, regardless of whether the
operations take place on or off mining claims.
Motor vehicle means any vehicle that is self-propelled or any
vehicle that is propelled by electric power obtained from batteries.
Motorized equipment means any machine that uses or is activated by
a motor, engine, or other power source. This includes, but is not
limited to, chain saws, power drills, aircraft, generators, motor
boats, motor vehicles, snowmobiles, tracked snow vehicles, snow blowers
or other snow removal equipment, and all other snow machines. The term
does not include shavers, wrist watches, clocks, flashlights, cameras,
camping stoves, cellular telephones, radio transceivers, radio
transponders, radio signal transmitters, ground position satellite
receivers, or other similar small handheld or portable equipment.
Primitive and unconfined recreation means nonmotorized types of
outdoor recreation activities that do not require developed facilities.
Public lands means any lands and interests in lands owned by the
United States and administered by the Secretary of the Interior through
BLM without regard to how the United States acquired ownership.
Valid occupancy means a current permit, lease, or other written
authorization from BLM to occupy public lands.
Wheelchair means a device designed solely for use by a mobility-
impaired person for locomotion and suitable for use in an indoor
pedestrian area.
Subpart 6302--Use of Wilderness Areas, Prohibited Acts, and
Penalties
Sec. 6302.10 May I use wilderness areas?
Unless otherwise designated by BLM, all wilderness areas will be
open to uses consistent with the preservation of their wilderness
character and their future use and enjoyment by the American people as
wilderness, including, but not limited to, primitive recreation, rock
climbing, orienteering, cave exploration, and scientific study. In
subpart 6303 you will find an explanation of special provisions that
apply to specific uses of wilderness areas. In Sec. 6302.70 you will
find a list of acts that are explicitly prohibited within wilderness
areas.
Sec. 6302.20 Do I need and where do I obtain an authorization to use a
wilderness area?
(a) In general, use of wilderness areas does not require an
authorization. BLM may require an authorization and charge fees for
some uses of wilderness areas. You must obtain authorization from BLM
to use a wilderness area when required by:
(1) The regulations in this part (see Secs. 6302.40, 6302.41, and
6304.20);
(2) A BLM order issued under Sec. 6302.30; or
(3) The management plan for the wilderness area involved.
(b) To determine whether an authorization is needed, you should
refer to the applicable BLM regulations for that activity.
(c) You may request an authorization to use a wilderness area from
the BLM field office with jurisdiction over the wilderness area you
want to use.
Sec. 6302.30 When and how does BLM close or restrict use of wilderness
areas?
When necessary to carry out the provisions of the Wilderness Act,
BLM may issue an order to close or restrict the use of lands or waters
within the boundaries of any component of the National Wilderness
Preservation System. See Sec. 8364.1, Closure and Restriction Orders.
Sec. 6302.40 May I gather information, do research, or collect things
such as rocks, animals, plants, or other types of natural or cultural
resources in wilderness areas?
(a) You may conduct research, gather information, and collect
natural or cultural resources in wilderness areas provided--
(1) You do it in a manner compatible with the preservation of the
wilderness environment;
(2) Your proposed activity is in conformance with the applicable
management plan; and
(3) You have an authorization from BLM.
(b) If your proposed activity meets the requirements of paragraph
(a) of this section, you may collect, disturb, destroy to the extent
necessary to accomplish the proposed activity, or remove:
(1) Animals or animal parts, including but not limited to insects,
reptiles, birds, or fish, that are not regulated by applicable State or
Federal law;
(2) Plants or plant parts, including but not limited to flowers,
berries, nuts, seeds, cones, leaves, lichens, algae, and fungi, that
are not regulated by applicable State or Federal law;
(3) Soil, rocks, stones;
(4) Mineral specimens, gemstones;
(5) Fossils, petrified wood;
(6) Cave and cave resources;
(7) Archaeologic, historic, and other cultural resources; and
(8) Forest and vegetative products and resources.
(c) Where campfires are allowed, you may gather a reasonable
amount of forest and vegetative products for use in campfires.
Sec. 6302.41 Will BLM authorize me to use a motor vehicle, motorized
equipment, or mechanized transport to conduct research or gather
resource information?
If you wish to use motor vehicles, motorized equipment, mechanized
transport, or land aircraft for mineral prospecting, gathering
information about mineral or other resources, or for resource
management purposes, you must receive written approval from BLM. If BLM
issues you an authorization, the authorization will provide for the
protection of public land resources, including wilderness
characteristics. BLM may require you to reclaim disturbed areas and
post a performance bond.
[[Page 66972]]
Sec. 6302.50 May wheelchairs be used in a wilderness area?
An individual whose disability requires the use of a wheelchair may
use a wheelchair in a wilderness area. Consistent with the Wilderness
Act and the Americans with Disabilities Act of 1990 (42 U.S.C. 12207),
no agency is required to provide any form of special treatment or
accommodation, or to construct any facilities or modify any conditions
of lands within a wilderness area, in order to facilitate such use.
Sec. 6302.60 May wilderness areas be used for traditional religious
purposes?
In accordance with the American Indian Religious Freedom Act (42
U.S.C. 1996), American Indians, Eskimos, Aleuts, and Native Hawaiians
may use wilderness areas for traditional religious purposes where these
uses of an area preceded wilderness designation. BLM may temporarily
close to general public use specific portions of the wilderness area
that are not subject to valid existing rights in order to protect the
privacy of native people engaged in religious activities in such areas.
Any such closure will be made so as to affect the smallest practicable
area for the minimum period necessary.
Sec. 6302.70 What activities does BLM prohibit in wilderness areas?
BLM may prohibit any use, activities, or actions that harm
wilderness values. Except as specifically provided in the Wilderness
Act, the following things are prohibited in wilderness areas managed by
BLM:
(a) Operating a commercial enterprise;
(b) Constructing temporary or permanent roads;
(c) Constructing aircraft landing strips, heliports, or helispots;
(d) Use of motorized equipment; or motor vehicles, motorboats, or
other forms of mechanical transport. For an exception see Secs. 6302.41
and 6303.20;
(e) Landing of aircraft, or dropping or picking up of any material,
supplies, or person by means of aircraft, including a helicopter, hang-
glider, hot air balloon, parasail, or parachute. For an exception see
Sec. 6303.20;
(f) Structures or installations, including motels, summer homes,
stores, resorts, organization camps, hunting and fishing lodges,
electronic installations, and similar structures;
(g) Cutting of trees;
(h) Entry into or use of wilderness areas without a permit, where
permits are required by the BLM;
(i) Competitive use as defined in section 8372.0-5(c) of this
chapter, including those activities involving physical endurance of a
person or animal, foot races, water craft races, survival exercises,
war games, or other similar exercises;
(j) Unless allowed in the applicable BLM management plan, or
pursuant to a BLM authorization, physical alteration or defacement of a
natural rock surface for any purpose, including the use of any type of
drill, permanent fixed anchor or expansion bolt; construction of
permanent artificial hand and footholds; use of glues, epoxies, or
other fixatives to facilitate mountain climbing, rock climbing, or cave
exploration; and
(k) Violating any regulation, authorization or order established by
the BLM.
Sec. 6302.80 What penalties am I subject to if I commit one or more of
the prohibited acts?
(a) If you knowingly and willfully commit a prohibited act listed
in Sec. 6302.70, you are subject to criminal prosecution on each
offense. If convicted, you are subject to a fine of not more than
$100,000 or the alternate fine provisions of 18 U.S.C. 3571, or
imprisonment for not more than 12 months, or both.
(b) At the request of the Secretary of the Interior, the Attorney
General may institute a civil action in any United States district
court for an injunction or other appropriate order to prevent you from
using public lands in violation of the regulations of this part.
Subpart 6303--Special Provisions
Sec. 6303.10 Are there special provisions for some uses of wilderness
areas?
Some uses are specifically addressed in the Wilderness Act. Below
is a discussion of these uses and how Wilderness Act provisions may
affect you if you engage in any of these activities.
Sec. 6303.20 Are there special provisions for aircraft and motorboat
use within wilderness areas?
(a) BLM may authorize you to land aircraft and use motorboats at
places within any wilderness area if these uses were established before
the date the area was designated by Congress as a unit of the National
Wilderness Preservation System, and where such uses have continued,
subject to such restrictions as necessary to protect wilderness values.
BLM may also authorize you to maintain aircraft landing strips,
heliports or helispots that existed when the area was designated a unit
of the National Wilderness Preservation System.
(b) The designation of wilderness areas as components of the
National Wilderness Preservation System will not by itself preclude
low-level overflights by military aircraft, designation of new units of
special use airspace, or use or establishment of military flight
training routes over such areas.
Sec. 6303.30 What special provisions apply to operations under the
mining laws?
The general mining laws will apply to each BLM wilderness area for
the period specified in the legislation designating the area as
wilderness. The mining laws will apply to valid existing rights only to
the extent provided in the legislation designating the area as
wilderness.
(a) You cannot establish any right to or interest in any mineral
deposits discovered after the date on which the general mining laws
cease to apply to the specific wilderness area.
(b) You must conduct your mining operations in BLM wilderness areas
in conformance with the applicable standards provided in the
legislation designating the wilderness and your approved plan of
operations as required by subpart 3809 of this chapter.
(c) If you hold a valid mining claim, mill site, or tunnel site
located on any BLM wilderness area before the general mining laws
ceased to apply to that area, you may maintain your mining claim or
site in accordance with the general mining laws and the legislation
designating the wilderness.
(d) If you are a mining claimant, you must comply with all
reasonable requirements established by BLM regarding your mining
activities to protect wilderness values consistent with the use of your
valid claim or site for mineral activities.
(e) You must remove all structures, equipment, and other facilities
as soon as feasible after mining operations cease, but not more than 1
year thereafter. You must begin reclamation no more than 6 months after
mining operations cease. You must complete reclamation, including
appropriate revegetation, within a reasonable time as determined by
BLM. Whenever possible and feasible, your reclamation activities must
restore the surface to a contour which appears to be natural. Where
such measures are impractical or impossible, as determined by BLM,
reclamation must result in the maximum achievable slope stability.
(f) BLM will require you to post a financial guarantee as provided
in subpart 3809 of this chapter in order to assure completion of
reclamation.
(g) In conducting mineral activities on your mining claims and
sites, you must prevent, to the extent practicable as determined by BLM
and consistent with the use of your valid claim or site for mineral
activities, erosion, deterioration
[[Page 66973]]
of the lands, impairment of wilderness characteristics, and the
obstruction, pollution, or siltation of streams, lakes, and springs.
(h) BLM will allow the gathering of mineral information in
wilderness areas after the date on which the general mining laws cease
to apply in designated wilderness only to the extent such activities
are conducted in a manner compatible with the preservation of the
wilderness environment.
Sec. 6303.31 How will BLM determine the validity of unpatented mining
claims or sites?
(a) BLM will conduct a mineral examination to determine if your
claim or site was valid prior to the date that lands within the
wilderness area were withdrawn from appropriation under the mining laws
and whether your claim or site remains valid. BLM must complete this
validity determination before approving your plan of operations or
allowing you to continue previously approved operations on unpatented
mining claims or sites.
(b) If BLM concludes that your mining claim lacks a discovery of a
valuable mineral deposit or your claim or site is invalid for any other
reason, BLM will either deny the plan of operation or, in the case of
an existing approved operation, issue a notice ordering cessation of
operations and begin contest proceedings to determine the status of
your mining claim as provided in subpart 3870 of this chapter.
(c) If a final administrative decision is rendered declaring your
claim or site null and void, you must complete all reclamation required
under subpart 3800 of this chapter.
Sec. 6303.40 What special provisions apply to mineral leasing and
material sales?
(a) BLM will not issue any mineral or geothermal leases, licenses,
or permits under the mineral leasing, geothermal leasing, and material
sales laws in any wilderness area on public lands.
(b) If you hold a valid mineral or geothermal lease, license, or
permit for land in any BLM wilderness area issued before the date the
area was included in the National Wilderness Preservation System, you
may continue the activities for which the lease, license, or permit was
issued in accordance with the terms and conditions of the specific
lease, license, or permit.
(c) Subject to valid existing rights, you may not establish any
right to or interest in any mineral or geothermal resources that may be
discovered in a wilderness area after the date on which the laws
pertaining to mineral leasing, geothermal leasing, or material sales
cease to apply to the specific wilderness area.
Sec. 6303.50 What special provisions apply to water and power
resources?
If you are specifically authorized by the President, pursuant to
Section 4(d)(4)(1) of the Wilderness Act, you may be permitted to
prospect for water resources and establish new reservoirs, water-
conservation works, power projects, transmission lines and other
facilities needed in the public interest, and to maintain such
facilities.
Sec. 6303.60 What special provisions apply to livestock grazing?
If you hold a BLM grazing permit or grazing lease for land within
a wilderness area, you may continue to graze your livestock provided
that such use was initiated before the wilderness area was established.
Your grazing activities within wilderness areas, including the
construction, use, and maintenance of livestock management improvements
must comply with the livestock grazing regulations in part 4100 of this
chapter. You may maintain or reconstruct grazing support facilities
that existed prior to designation of the wilderness area if allowed by
the management plan for the area. You may not construct new support
facilities for the purpose of increasing your number of livestock. The
construction of new livestock management facilities must be for the
purposes of protection and improved management of resources. You may
increase livestock numbers only when you can demonstrate that the
additional use will not have adverse impact on wilderness values.
Sec. 6303.70 What special provisions apply to other commercial use?
You may only conduct commercial uses specifically permitted in
wilderness areas by the Wilderness Act and subsequent laws in a manner
that will preserve the wilderness character of the land, unless
otherwise provided in the Wilderness Act and other applicable laws. BLM
may permit temporary structures and commercial services such as those
provided by packers, outfitters, and guides within wilderness areas to
the extent necessary to realize the recreational or other wilderness
purposes of the area.
Sec. 6303.80 What special provisions apply to administrative and
emergency functions?
To the extent authorized by law, BLM may:
(a) Use, construct or install motorized equipment, mechanical
transport, aircraft, aircraft landing strips, heliports, helispots,
installations or structures in designated wilderness areas, and
prescribe conditions under which such items may be used, transported or
installed by other Federal, State or county agencies or their agents to
meet the minimum requirements for protection and administration of the
wilderness area, its resources and users;
(b) Authorize occupancy and use of wilderness areas by officers,
employees, agencies or agents of the Federal, State and local
governments to carry out the purposes of the Wilderness Act or other
statutes;
(c) Prescribe measures to be taken, as necessary, to control fire,
noxious weeds, insects, and diseases where these threaten human life,
property or wilderness resources within the wilderness area or on
adjacent non-wilderness lands; or
(d) Prescribe measures that may be used in emergencies involving
the health and safety of persons or damage to property, including, but
not limited to, the conditions for use of motorized equipment,
mechanical transport, aircraft, installations, structures, rock drills,
and fixed anchors. BLM will require restoration activities necessitated
by such emergency measures to be undertaken concurrently with or as
soon as practicable upon completion of the measures, events, or
activities.
Subpart 6304--Access to State and Private Lands Within Wilderness
Areas
Sec. 6304.20 How will BLM allow access to State and private land
within wilderness areas when the access is affected by wilderness
designation?
(a) If you own land completely surrounded by a wilderness area, BLM
will give you such rights as may be necessary to ensure adequate access
to your lands, or you may enter into an exchange with BLM under part
2200 of this chapter. If you have existing access or a right of access
to your property over non-public lands or over public roads that is
adequate or that can be made adequate, the Secretary is not required to
provide access through wilderness areas. If your access is not
adequate, BLM will issue an authorization under part 2920 of this
chapter to give you access. Each authorization you receive will specify
the applicable terms and conditions. Adequate access is that
combination of routes and modes of travel to non-Federal inholdings
that BLM determines will serve the reasonable purposes for which the
non-Federal lands are held or used and, at the same time, cause impacts
of least duration and degree on wilderness character. Section 501(a) of
FLPMA (43
[[Page 66974]]
U.S.C. 1761 et seq.) prohibits BLM from issuing rights-of-way under
Section 501 on lands designated as wilderness. BLM will consider
voluntary acquisition of land or interests in land by exchange,
purchase, or donation to reduce or eliminate the need to use wilderness
areas for access purposes.
(b) If you hold a valid mining claim or other valid occupancy
wholly within a wilderness area, you will be permitted access by means
that are consistent with the preservation of wilderness and that have
been or are being customarily used with respect to other similar
occupancies surrounded by wilderness. Plans approved by BLM under
subpart 3809 of this chapter will prescribe the routes of travel that
you may use for access to occupancies surrounded by wilderness. These
plans will also identify the mode of travel, and other conditions
reasonably necessary to preserve the wilderness area.
(c) Before issuing any access authorization, BLM will make certain
that:
(1) You have demonstrated a lack of any existing access rights or
alternate routes of access available by deed or under State or common
law and that access across non-federally owned routes is not reasonably
obtainable;
(2) You are allowed to use the combination of routes and modes of
travel, including non-motorized modes, that will cause the least impact
on the wilderness but, at the same time, will permit the reasonable use
of the non-Federal land;
(3) The route that BLM approves is located and constructed to
minimize adverse impacts on natural resource values of the wilderness
area; and
(4) The location and method of access BLM approves are as
consistent as possible with the management of the wilderness area and
the management plan for the area.
Dated: December 11, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary of the Interior.
[FR Doc. 96-31957 Filed 12-18-96; 8:45 am]
BILLING CODE 4310-84-P
