Public Notification of Proposed Actions and Unauthorized Activities Within Wilderness and WSAs in Nevada

Due to the level of interest in the management of lands designated as wilderness and WSAs, the Secretary is committed to ensuring that all affected and interested publics are fully informed of any proposed actions and unauthorized activities occurring in these areas on BLM-administered public lands. Section 1.4 C.2 of BLM Manual 6340, Management of Designated Wilderness Areas, and Section 1.4 C.3 of BLM Manual 6330 Management of Wilderness Study Areas, direct that it is the responsibility of the District Managers and Field Managers to “maintain liaison with other Federal agencies, tribal governments, state and local governments, friends’ groups, other non-profit organizations, and the general public concerned with wilderness preservation in the District [i.e., Field Office jurisdiction].”

As required by BLM 1203 Delegation of Authority dated July 14, 2009 (Appendix 1, page 91, Sections 6300, 6350 and 1601) and Supplemental Handbook – NSO dated July 14, 2009 (Appendix 1, page 52, Sections 6300 and 6350), delegation to approve or deny actions within designated wilderness and WSAs is re-delegated no further than the District Manager.

Proposed actions and unauthorized activities within designated wilderness areas and WSAs are subject to the public notification procedure as outlined in Attachment 1 of this IM. However, there are differences in the administrative mandate for designated wilderness and the administrative mandate for WSAs. Primarily, the mandate for designated wilderness is the “preservation of wilderness character” and the mandate for WSAs is “not to impair the suitability of areas identified as having wilderness character.” BLM policies’ regarding proposed actions and unauthorized activities within designated wilderness includes, but are not limited to, those actions and activities that:

• May involve one or more of the prohibited uses identified in Section 4 (c) of the Wilderness Act of 1964 (i.e., commercial enterprises, permanent roads, temporary roads, use of motor vehicles, motorized equipment, or motorboats, landing of aircraft, mechanical transportation, structures, and installations);
• May potentially disturb the surface of the landscape (i.e., any new disruption of the soil or vegetation);
• Entail the use of pesticides or other chemical or toxic substances;
• Include the manipulation of fish and wildlife habitat;
• Concern mechanical and/or motorized control measures for predators or problem fish or wildlife species;
• Relate to requests for approval of mining plans of operation under 43 CFR 3809;
• Pertain to proposed changes in livestock use, including changes in number, season of use, or kinds or classes of livestock;
• Are BLM-initiated, including implementation of decisions contained in land use and activity plans;
• Are public-initiated, such as water development requests or desires for hunting/fishing guide/outfitter permits;
• Are unauthorized and may result in surface disturbances or in placement of facilities.

BLM policies’ regarding proposed actions within WSAs require that proposed actions must meet the “non-impairment” criteria. Both proposed actions and unauthorized activity include, but are not limited to, those actions and activities that:

• May be a potential surface-disturbing project or use;
• May result in the proposed placement of a facility, development, device or structure;
• Relate to requests for approval of mining plans of operation under 43 CFR 3802;
• Pertain to proposed changes in livestock use, including changes in number, season of use, or kinds or classes of livestock;
• Are BLM-initiated projects, including implementation of decisions contained in land use and activity plans;
• Are public-initiated projects such as issuance of a filming permit or placement of a communication device;
• Are unauthorized and may result in surface disturbances or in placement of facilities.

Item 12 of Attachment 1 relates to informing our interested and affected publics of the disposition of our proposed action and unauthorized activity decisions within wilderness and WSAs in Nevada. Standard appeal language for appealing lands decisions to the Interior Board of Land Appeals and the standards for obtaining a “Petition For Stay” must be attached to all decision notifications. Form 1842-1, entitled, “Information on Taking Appeals to the Board of Land Appeals” (Attachment 2), dated September 2006, is provided as well and must also be attached to decision notifications.

Public participation in the notification process is critically important and managers must clearly weigh public opinion. However, BLM Nevada management and staff alike are obliged to decide the acceptability or unacceptability of proposed actions and unauthorized activities within designated wilderness areas and WSAs based on existing wilderness law, regulation, policy, and procedure. Our objective must be to preserve, protect, and enhance wilderness values in wilderness areas for future generations of Americans.

Correspondingly, our objective must also be to preserve, protect, and enhance wilderness values within WSAs, so as not to impair the suitability of such areas for potential wilderness designation, thereby avoiding any constraint or pre-emption of congressional designation authority.