Wilderness Management

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

[[Page 66969]]

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.

[[Page 66970]]

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.

[[Page 66971]]

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