BLM Publishes Final Rule on Activities in Wilderness Areas

The Bureau of Land Management today published a final rule that revises and updates management regulations relating to congressionally designated Wilderness Areas under BLM management. The final rule, which appears in today's Federal Register, applies to 5.5 million acres of BLM-managed Wilderness Areas in the continental United States. The rule does not govern activities in Wilderness Study Areas.

"Wilderness Areas are among the crown jewels of America's public lands," said BLM Acting Director Sylvia V. Baca. "This final rule will help the BLM preserve and protect these national treasures." Baca added, "This rule brings the BLM's wilderness regulations up to date with several legislative, policy, and technological changes that have occurred since 1985 -- the last time our agency issued wilderness regulations."

The final rule recognizes rock climbing as a legitimate use of BLM-managed Wilderness Areas. Under the rule, rock climbers do not need a permit to climb. Climbers may not, however, use power drills to install permanent fixed anchors. The final rule does not address the issue of installing new, permanent fixed anchors for rock climbing in BLM Wilderness Areas. The BLM has decided to "reserve" for the future, and therefore postpone for now, any regulatory action on the installation of such anchors.

The final rule authorizes American Indians to use BLM-managed Wilderness Areas for traditional religious ceremonies, but does not grant Tribes exclusive rights. The BLM decided that a provision providing privacy for Indian ceremonial uses, which the agency had included in its proposed wilderness rule of December 19, 1996, is not necessary. BLM land managers already have authority under other regulations and Federal law to temporarily close an area to protect or accommodate this or any other type of use in appropriate circumstances.

The final rule, which takes effect January 16, 2001:

• makes clear that sailboats, sailboards, parachutes, game carriers, carts, wagons, and similar devices are "mechanical transport" that cannot be used in Wilderness Areas. The rule also defines "motorized equipment" as including chainsaws, power drills, and motor vehicles. The Wilderness Act of 1964 prohibits the use of mechanical transport and motorized equipment in Wilderness Areas.
  
  
• implements the Americans with Disabilities Act (ADA) of 1990 by allowing wheelchair use in Wilderness Areas by those individuals who need them. Consistent with the provisions of ADA, the BLM will not construct facilities or modify land conditions to accommodate wheelchair use.
  
  
• makes clear that the use of horses or other pack stock is a legitimate activity in Wilderness Areas.
  
  
• retains the existing prohibition against the holding of competitive events, such as foot or watercraft races, in designated wilderness.
  
  
• consolidates existing provisions that prohibit aircraft from landing in Wilderness Areas or from dropping skydivers or materials into these areas.
  
  
• affirms the right of miners with valid existing rights to carry on certain activities in support of their mining claims, consistent with BLM requirements to protect wilderness values.
  
  
• allows grazing to continue in Wilderness Areas at the level that existed at the time Congress designated these areas as wilderness.
  
  
• ensures access to owners of non-Federal lands that are completely surrounded by BLM-managed Wilderness Areas (known as inholdings). The BLM will approve an access route if it existed at the time Congress designated the surrounding area as wilderness; if such a route did not exist at that time, the Bureau will approve non-motorized access to the inholding.

Copies of the final wilderness management rule can be obtained from any of the BLM's State Offices or accessed from the Bureau's national Internet Home Page (at http://www.blm.gov/nhp/news/regulatory/2000f.html#6300/8560-final).

The BLM, an agency of the U.S. Department of the Interior, manages more land -- 264 million surface acres -- than any other Federal agency. Most of this public land is located in 12 Western States, including Alaska. The Bureau, with a budget of about $1.8 billion and a workforce of some 9,000 full-time, permanent employees, also administers 700 million acres of sub-surface mineral estate throughout the nation. The BLM preserves open space by managing the public lands for multiple uses, including outdoor recreation, livestock grazing, and mining, and by conserving natural, historical, cultural, and other resources found on the public lands.