1

BLM GUIDANCE FOR WILDERNESS STUDY AREAS: Comparing the Interim Management Policy with Manual 6330

BLM’s policy Manual 6330 regarding the management of wilderness study areas (WSAs) replaces the Interim Management Policy for

Lands under Wilderness Review (IMP). Although the two policy documents differ quite a bit in the way they are structured, the

following provides is a side by side comparison of most pertinent issues in both manuals. Note that not every issue was covered by

both manuals.

Overall, the new Manual 6330 is more aggressive in terms of monitoring and protection for WSAs. BLM’s concept with this manual

was to address the fact that WSA designations are not really working out to be “interim” (since many of them have been in existence

for decades), which led to the title change and some of the differences in the approach. The stronger general direction is set out as:

“BLM’s policy will protect the wilderness characteristics of all WSAs in the same or better condition than they were on October 21,

1976 (or for Section 202 WSAs not reported to Congress, the date the WSA was designated), until Congress determines whether or

not they should be designated as wilderness.”

Other improvements of note over the IMP include removing the exception that permitted designation of open ORV play areas in sand

dune or snow areas (although still permitting pre-existing “open” areas that have not been limited or closed in a subsequent decision);

setting a policy to prohibit new discretionary uses that could impair wilderness suitability (instead of just trying to “minimize” them

under the IMP), including where that use could create an expectation of continued use (with the example of creating a mountain bike

trail on an existing primitive route); and specifically requiring that if conditions in a WSA have been approved, then BLM must not

allow them to regress.

The policy that was removed from the IMP that previously provided important support for protecting WSAs was the direction to look

to the “minimum tool” concept as a useful guide for WSA management. Although used mostly for designated wilderness areas, the

minimum tool concept asks whether the proposed action is necessary and how it can be accomplished using methods and equipment

2

that have the least impact on wilderness characteristics. Although it is not prohibited in Manual 6330, we expect BLM will be less

likely to use the minimum tool approach as a reference for evaluating proposed actions in WSAs. Also, this manual does not

contemplate new designations of WSAs, consistent with the agency’s current policy direction.

Contents GENERAL POLICIES ............................................................................................................................................................................... 3

Alaska ..................................................................................................................................................................................................... 3

General Policy ......................................................................................................................................................................................... 3

Non-impairment Standard and Temporary Uses, Facilities and Activities ............................................................................................ 6

Exceptions to Non-Impairment ............................................................................................................................................................... 7

POLICIES FOR SPECIFIC ACTIVITIES ................................................................................................................................................. 8

Cultural and Paleontological Resources ................................................................................................................................................. 8

Grazing .................................................................................................................................................................................................... 9

Fire ........................................................................................................................................................................................................ 12

Lands Actions: Disposals, use authorizations, rights-of-way, access, and withdrawals ...................................................................... 17

Oil and Gas (includes geothermal, oil shale and tar sands) .................................................................................................................. 21

Hardrock Mining ................................................................................................................................................................................... 27

Coal ....................................................................................................................................................................................................... 31

Recreation ............................................................................................................................................................................................. 33

Soil, Air and Water ............................................................................................................................................................................... 44

Vegetation ............................................................................................................................................................................................. 47

Visual Resource Management .............................................................................................................................................................. 52

Wild Horse and Burros ......................................................................................................................................................................... 53

Wildlife ................................................................................................................................................................................................. 56

3

GENERAL POLICIES

Alaska Issue IMP WSA Manual 6330 Implications

Applicability

of the

policies to

Alaska

“Future wilderness inventories of public

lands administered by the BLM in Alaska

will be conducted pursuant to Section

1320 of ANILCA. Special provisions in

ANILCA for the interim management of

future WSAs in Alaska will be developed

at the time wilderness inventories area

allowed. Pending further policy guidance

from the Secretary of the Interior,

wilderness inventories and the

identification of WSAs subject to an IMP

in Alaska under the provisions of Sections

201 and 202 of FLPMA are not to be

undertaken.”

“[Manual 6330 does not] apply to Alaska

outside of the Central Arctic

Management Area WSA designated

under the authority of Sections 1001 and

1004 of [ANILCA] and which is

managed pursuant to all relevant sections

of ANILCA.” §1.1

The WSA Manual is

generally inapplicable to

Alaska.

General Policy Issue IMP WSA Manual 6330 Implications

Designation

of new

WSAs

“Continued evaluation of lands as

wilderness can be considered in the future

under Section 202 of FLPMA.”

The Manual clarifies that prior to the

2003 settlement agreement with Utah, it

designated Section 202 and 603 WSAs

under FLPMA. §1.1

Although BLM does not

expressly close the door to

the future designation of

WSAs, it is implied in this

manual and elsewhere that it

is not currently designating

WSAs, but is identifying

and designating “lands with

wilderness characteristics”

4

under FLPMA and Manuals

6310 and 6320.

Management

and boundary

adjustments

to WSAs

“The BLM’s management policy is to

continue resource uses on lands under

wilderness review in a manner that

maintains the area’s suitability for

preservation as wilderness. The IMP will

remain in effect on all congressionally

mandated WSAs until Congress acts on

the Secretary’s recommendations. Areas

identified as WSAs under Section 202 of

FLPMA will receive interim management

protection upon designation as a WSA.

[Section 202 WSAs] subsequently found

to be nonsuitable for wilderness

designation may be released from interim

management by the BLM State Director

30 days after approval of the land-use

plan.”

“The BLM’s Policy will protect the

wilderness characteristics of all WSAs in

the same or better condition than they

were in October 21, 1976 (or for Section

202 WSAs not reported to Congress, the

date the WSA was designated), until

Congress determines whether or not they

should be designated as wilderness.”

§1.6(B) (emphasis added).

“FLPMA required that the reports on the

Section 603 WSAs be sent to the

President by October 21, 1991, and to

Congress by October 21, 1993. Section

202 WSAs designated through BLM’s

land use planning process prior to the

1993 report were forwarded to Congress.

Section 202 WSAs designated

subsequent to the 1993 report were not

forwarded to Congress. For those

Section 202 WSAs created after the

1993 Report to Congress, the BLM

may, through land use planning,

adjust the status of and management

standards associated with those post-

1993 Section 202 WSAs. §1.6(A)(2)

Boundaries of 202 WSAs established

through a RMP and not included in the

1993 Reports may be adjusted through a

subsequent RMP process. §1.6(B)(4)

The Manual clarifies that

WSAs will be protected in

the same or better condition

than either Oct. 1976 or the

day they were designated.

The Manual now

differentiates between 202

WSAs that were included in

the 1993 Report to Congress

and those not reported to

Congress, allowing for

boundary and management

adjustments to only those

202 WSAs not in the 1993

Report.

5

Monitoring

Alternate surveillance schedules for any

WSA that could more effectively be

monitored less frequently than once per

month can be used if approved by the

State Director. In the absence of an

approved alternate surveillance schedule,

the minimum standard of surveillance of

once per month shall remain in effect.”

“Alternative monitoring schedules must

specify the frequency of ground or air

monitoring, the resources required to

sustain the schedule, and a justification for

placing monthly monitoring with the

alternative schedule.”

Virtually the same. See §1.6(B)(1)(b) Manual 6330’s monitoring

requirements for WSAs are

the same as the IMP.

New

Discretionary

Uses

Minimize the establishment of new

discretionary uses that would be

incompatible with possible wilderness

designation, even if uses would not

exceed the non-impairment standard.

Policy is not establishing new

discretionary uses in WSAs that would

impair their suitability. No discretionary

activities should be authorized that would

create an expectation of continued use,

thereby impairing the suitability of the

WSA for designation as wilderness.

Gives the example of creating a mountain

biking route on an existing primitive

route, where that use may preclude

potential designation of the area as a

wilderness even if there is no new

surface disturbance. §1.6(B)(5)

Manual 6330 establishes a

stronger policy than the IMP

for new discretionary uses

prohibiting these uses if they

impair wilderness

suitability, including those

that create an expectation of

a continued use, even if it

does not, in and of itself,

violate the non-impairment

mandate.

Maintain

Improved

Not addressed in the IMP If wilderness characteristics have

improved since the WSA was designated,

BLM will manage WSAs in

the same or better condition

6

Conditions BLM will not allow actions that would

cause the regression of the WSA to its

condition at its designation date.

Gives the example that if primitive routes

have been closed and rehabilitated, BLM

will not allow them to be re-established.

§1.6(B)(6)

at the time they were

designated and will not

allow them to be regress

beyond a better state if

conditions do improve.

Minimum

Tool Concept

Discusses the minimum tool concept as

useful as a guide for WSA management,

even though it is used mostly for

designated wilderness areas. The

minimum tool concept asks whether the

proposed action is necessary and how it

can be accomplished using methods and

equipment that have the least impact on

wilderness characteristics.

Gives the example of alternatives for the

development of a water guzzler for

bighorn sheep in a WSA.

Not addressed. Unlike the IMP, Manual

6330 does not mention the

minimum tool concept, even

as a useful guide. BLM will

likely move away from this

concept when discussing

actions in WSAs.

Non-impairment Standard and Temporary Uses, Facilities and Activities Issue IMP WSA Manual 6330 Implications

“The use, facility, or activity must be

temporary. This means a temporary use

that does not create surface disturbance or

involve permanent placement of facilities

may be allowed if such use can easily and

immediately be terminated upon

wilderness designation.”

Essentially the same as the IMP except

adds that:

“A chronic, repeated short-term use

does not meet this definition of

“temporary.”

“Uses, activities, or facilities that

create a demand for uses that would

be incompatible with wilderness

The Manual 6330 is a

slightly stronger standard

than the IMP with regard to

uses, facilities and activities

in WSAs.

7

management also do not meet the

definition of temporary.” §1.6(C)(1).

Prohibits surface disturbance of WSAs

unless activities would be allowed in

Wilderness Areas (e.g. recreational

hiking, pack stock, and livestock grazing).

Essentially the same as the IMP except

Manual 6330 adds an example of

impairing/surface disturbing use to

include landing fixed winged aircraft

unless on an existing airstrip or primitive

route open to other motorized uses.

Specifically disallows

backcountry plane landings

unless on existing airstrips

or primitive routes open to

other motorized uses.

Exceptions to Non-Impairment Issue IMP WSA Manual 6330 Implications

Emergencies

Exception

Exception for actions to prevent loss of

life or property and conducted in a manner

that least impairs wilderness suitability.

Contains very similar language to the

IMP except the IMP stated that “[w]ithin

7 days after the emergency action is

completed, a record of the circumstances

and the action taken will be placed in the

WSA case file and a public notification

will be mailed to all interested parties.”

§1.6(C)(2)(a)

In addition, Manual 6330 requires

human-caused impacts from emergencies

be restored as soon as possible after they

occur and at a level as close to or better

than conditions that existed before the

emergency. §1.6(C)(2)(c)

Unlike the IMP, Manual

6330 does not require a

record of circumstances to

be filed and the public

notified within 7 days,

although it does require

BLM to comply with all

NEPA obligations for

emergency actions.

Manual 6330 requires

speedy and quality

restoration after the

emergency action occurs.

Public Safety

Exception

Exception for uses and facilities that are

minimum necessary for public health and

safety.

Adds that action to remediate human-

caused hazards are excepted from the

non-impairment standard and must be

mitigated and the area restored.

However, altering naturally occurring

hazards is not permissible. §1.6(C)(2)(b)

Manual 6330 is more

specific for responding to

safety hazards in WSAs.

8

Valid

Existing

Rights (VER)

Exception

Exception for VERs to be recognized and

managed under the non-impairment

standard if there would be no interference

with the enjoyment of the right or else

manage under the unnecessary or undue

degradation standard.

Requires activities to be managed to

prevent unnecessary impacts to

wilderness characteristics if BLM

determines that the right can only be

exercised through activities that will

cause impairment. WSAs. §1.6(C)(2)(d)

Manual 6330 is slightly

stronger in holding VERs to

an “unnecessary impacts to

wilderness characteristics”

standard rather than the

general “unnecessary or

undue degradation”

standard if impairment

cannot be avoided.

Grandfathered

Uses

Exception

Exception for uses and facilities that were

preexisting to designation. These uses

may continue in the same manner and

degree as on the designation date.

Hardrock mining activities allow for the

logical pace and progression of mining

operations

Same as IMP, except clarifies that

grandfathered uses include only grazing,

mining, and mineral leases and do not

include recreational uses (as stated in

FLPMA). §1.6(C)(2)(e)

Manual 6330 is virtually the

same as the IMP except

clarifies the specific

grandfathered uses that may

occur in WSAs.

Enhancing

Wilderness

Values

Exception

Exception for actions that benefit

wilderness characteristics even though

they might be impairing. Must be done in

the least disturbing manner.

Same as IMP, except Manual 6330

deletes reference to looking at the

original wilderness inventory for baseline

conditions and also deletes the

illustrations of this concept that were in

the IMP (i.e. drift fence, guzzlers).

§1.6(C)(2)(f)

Manual 6330 provides

general guidance for this

exception rather than the

more explanatory approach

taken in the IMP, which

may give BLM more

discretion to apply this

exception.

POLICIES FOR SPECIFIC ACTIVITIES

Cultural and Paleontological Resources Issue IMP WSA Manual 6330 Implications

Inventories

and Research

“Cultural and paleontological resource

inventories, studies, and research

Same as IMP. §1.6(D)(1)

9

involving surface examination may be

permitted if they satisfy the

nonimpairment criteria.”

Grazing Issue IMP WSA Manual 6330 Implications

New

Livestock

Development

Distinguishes between temporary and

permanent developments:

Temporary: must (1) analyze certain

effects on wilderness values, (2) truly

enhance wilderness values, and (3)

satisfy the non-impairment standard.

Permanent: must (1) analyze certain

effects on wilderness values, (2) truly

enhance wilderness values, and (3) are

substantially unnoticeable. Also, must

not require motorized access if the

area were designated as wilderness.

Only approved if non-impairment

standard met, or exception applies.

The standard for applying the

“Enhancing Wilderness

Characteristics” exception in this case

is “if the structure’s benefits to the

natural functioning of the ecosystem

outweigh the increased presence of

human developments and any loss of

naturalness or outstanding

recreational opportunities cause by

the new development.”

NEPA cumulative impacts must be

analyzed.

BLM should consider whether it is

substantially unnoticeable.

Must not require new motorized

access.

No increase in AUMs existing prior

to the new development as result of

the new permanent development.

§1.6(D)(3)(a)(ii)

Manual 6330 sets out a new

standard for when BLM can

say that new livestock

developments “enhance

wilderness characteristics” as

an exception to the non-

impairment standard.

The IMP requires that the

development be substantially

unnoticeable for permanent

structures, whereas Manual

6330 only requires BLM to

consider whether it is

substantially unnoticeable or

not (temporary or

permanent).

Manual 6330 prohibits new

motorized access with any

new structure, temporary or

permanent. IMP only

prohibited motorized access

for permanent structures and

if it would be required if the

area was designated as

10

wilderness.

Manual 6330 has a new

standard that a new

permanent development

cannot increase AUMs.

Salting “In both grandfathered and non-

grandfathered grazing operations, salting

practices may be continued. New salting

locations may be established to improve

the distribution of grazing use as long as

the non-impairment criteria is met.”

Same, except provides the example of

“no vegetation disturbance requiring

restoration would occur at the new site.”

§1.6(D)(3)(b)(i)

Manual 6330 provides a new

example for salting that no

vegetation disturbance

requiring restoration would

occur.

Supplemental

Feeding

“Supplemental feeding may be continued

in grandfathered grazing operations if it

was authorized as part of the operation as

of October 21, 1976. Otherwise,

temporary feeding may only be authorized

under emergency conditions when forage

becomes unavailable through acts of

nature such as a heavy snowfall. Such

temporary feeding may only be allowed in

those cases where BLM has determined

that it satisfies the nonimpairment

criteria.”

Same for grandfathered uses.

§1.6(D)(3)(b)(ii)

Emergency feedings “may only be

allowed for short periods of time while

the emergency exists and until the

livestock can be removed.” Adds

examples of fire and flood to heavy

snowfall. §1.6(D)(3)(b)(iii)

Unlike the IMP, Manual

6330 requires that emergency

feedings only be allowed for

a short period of time until

the livestock can be removed.

Manual 6330 does not

require the feeding to meet

the non-impairment standard

like the IMP, which makes

sense since it is a short term,

temporary exception.

Vegetation

Treatments

Not addressed. If vegetation manipulation was

preexisting to the designation, it may be

maintained by similar treatments as long

as it does not create greater impacts and

achieves the same result.

§1.6(D)(3)(b)(iv)

Manual 6330 has a new

section addressing vegetation

treatments.

Motor

Vehicle Use

Not addressed. Except for pre-designation

authorizations, emergency feedings, or as

specifically authorized by BLM, motor or

Manual 6330 has a new

provision for limiting

motorized vehicle use for

11

mechanical vehicles is restricted to

primitive routes open to the general

public. §1.6(D)(3)(b)(v)

grazing activities.

Changes in

Grazing

Practices

Changes may be allowed in number, kind,

or season of use if, following the

preparation of an EA, the effects are

found to be negligible. Changes cannot

cause declining conditions or trend of the

vegetation or soil and cannot cause

unnecessary or undue degradation of the

lands. The assessment of the proposal

must include an evaluation of the effect on

the following parameters and wilderness

values:

--the natural ecological condition of the

vegetation.

--the visual condition of the lands and

waters.

--erosion.

--changes in the numbers or natural

diversity of fish and wildlife.

--all wilderness values

“Section 603(c) of FLPMA, provides for

the continuation of grazing on lands under

wilderness review, “[p]rovided that in

managing the public lands, the BLM shall

by regulation or otherwise take any action

required to prevent unnecessary or

undue degradation of the lands and their

resources or to afford environmental

protection.” If rangeland within a WSA is

failing to achieve Rangeland Health

Standards, the significant factors

contributing to this failure will be

determined through monitoring and a

review of existing uses. If existing grazing

management practices are found to be a

significant factor in the failure to achieve

standards, new grazing management

practices may be established as needed if

they meet the non-impairment standard or

one of the exceptions.

The NEPA document that authorizes

changes to grazing practices must evaluate,

at a minimum, the following:

watershed function

ecological processes

water quality

habitat quality

non-impairment of wilderness

characteristics”

§1.6(D)(3)(c)

Manual 6330 refers to

rangeland health standards as

the indicator for possible

changes in grazing practices

due to declining conditions if

grazing is a significant factor

in failing to achieve

standards. Grazing can be

modified at that point if

management meets the non-

impairment standard.

Manual 6330 also updates

the minimum factors that

BLM must evaluate when

considering changes to

grazing practices in a NEPA

document.

12

Grazing

Increases

“In order to insure that a proposed increase

in the level of livestock grazing does

not impair an area's wilderness values, the

BLM must quantify those values, as well as

the existing vegetation and associated

resources, and then consider the potential

for impacts to these resources.”

A temporary, non-renewable increase

may be allowed if they meet the non-

impairment standard or exception. If

studying the increase shows that it is

causing impairment, then it will be

decreased or discontinued. §1.6(D)(3)(c)(i)

Manual 6330 applies the

same non-impairment

standard for evaluating

grazing increases, but only

allows for temporary, non-

renewable increases and

requires the allotment to be

studied and uses decreased or

discontinued if studies show

impairment from the

increase.

Grazing

Reductions

The grandfather clause does not freeze

grandfathered grazing uses to the same level

that existed on October 21, 1976. Section

603(c) of FLPMA provides the mandate to

prevent unnecessary or undue degradation

of the lands as it applies to grandfathered

uses. Thus, the grandfather provision will

not prevent implementation of reductions in

authorized use.

Same, but clarifies that grazing “may be

subject to general BLM grazing

management policy. If the rangeland is

failing to achieve standards established

by the BLM, the significant factors that

contribute to those conditions should be

ascertained and temporary or permanent

reductions may be implemented as

needed.” §1.6(D)(3)(c)(ii)

Manual 6330 updates the

IMP to address Rangeland

Health Standards and BLM’s

options if an allotment is

found to be failing.

Fire Issue IMP WSA Manual 6330 Implications

Managing

Fire in

General

BLM will use “caution to avoid

unnecessary impairment of an area's

suitability for preservation as wilderness.

"Light-Hand-On-The-Land" fire

suppression tactics will be used. Fire is a

natural component of many wilderness

ecosystems and fire plans need to give

“The overall goal of managing fire in

WSAs is to allow the frequency and

intensity of the natural fire regime to play

its inherent role in the ecosystem. This

means both allowing fire where

ecosystems evolved in the presence of

fire, and preventing unnatural spread of

Manual 6330 is clearer than

the IMP about BLM’s goals

when managing fire in a

WSA.

Manual 6330 sets out

separate guidance for

13

serious consideration to this fact before

recommending one fire management

technique over another. Resource area

advisors will use the fire plans in making

decisions during emergency fire situations

and prescribed ignitions.”

fire in ecosystems that evolved without

broad-scale fires.”

This goal may be affected by past human

actions (i.e. fire suppression, non-native

invasive grasses), budgets, national fire

management demands, suppression of fire

on adjacent land before it moves into the

WSA, or undesired consequences of

wildfire moving out of the WSA.

§1.6(D)(2)(a)

wildfires and prescribed fires

whereas the IMP leaves it to

the discretion of the fire

plans developed by the

managers.

Wildfires “Emergency fire rehabilitation measures

will continue to be carried out under

guidelines in Handbook H-1742-1 and

Manual Section 1742. Efforts should be

made to rehabilitate any impacts created

by suppression activities prior to releasing

fire crews and associated equipment

following fire containment.”

“Wildfires can be considered emergencies

and, as such, management response to a

wildfire falls under one of the exceptions

to the non-impairment criteria.

Nevertheless, the non-impairment criteria

will be met to the extent practical. This

means using "minimum impact

suppression tactics" or "light hand on the

land" suppression techniques wherever

possible, while providing for the safety of

firefighters and the public and meeting fire

management objectives.”

“Emergency stabilization, rehabilitation,

and restoration of the wilderness resource

created by impacts from wildfires must

satisfy the non-impairment criteria unless

an exception applies. These activities will

be more intensive:

where the effects of the fire were

greater than would occur in an area

where fire already plays its natural

The IMP does not distinguish

between wildfires and

prescribed fires. Manual

6330 is clearer than the IMP

about suppressing wildfires,

stabilization and restoration

methods.

14

role on the landscape

in ecosystems that evolved without

broad-scale fire

for fires whose effects (even within

the natural range) pose an

unacceptable risk to life, property,

or resources outside the WSA

Where wildfires have been managed for

resource benefits, most stabilization,

rehabilitation, and restoration activities are

expected to be limited to the impacts

caused by direct management actions or to

prevent the spread of exotic vegetation.

These activities will not be used to

establish, or re-establish, conditions not

provided for in sections 1.6.D.8

[vegetation] or 1.6.D.11 [wildlife] of this

manual.” §1.6(D)(2)(b)

Prescribed

Fires

Does not specifically discuss prescribed

fires.

“Use of prescribed fires in WSAs is

limited to instances where this use meets

the non-impairment standard or one of

the exceptions, such as to clearly protect

or enhance the land's wilderness

characteristics. The BLM may utilize

prescribed fire in WSAs where the

natural role of fire cannot be returned

solely by reliance on wildfire or where

relying on wildfires might create

unacceptable risks to life, property, or

natural resources outside the WSA.”

“Prescribed fire planning for WSAs must

take into account protection of cultural

The IMP does not distinguish

between wildfires and

prescribed fires and does not

specifically discuss

prescribed fire like Manual

6330.

15

resources.” §1.6(D)(2)(c)

Fuel

Treatment

Does not discuss fuel treatments. In advance of prescribed fire. In some

instances, fuel treatment may be necessary

to protect site-specific resources in

advance of a prescribed fire to prevent the

loss of those resources. This necessity must

be clearly demonstrated in the prescribed

fire plan.

Replacement for wildland fire. Pre-fire

treatment used to replace either type of

wildland fire (sections b and c, above) is

only allowed in WSAs where it meets the

non-impairment standard or one of the

exceptions. Due to their controversial

nature and the complexities of analyzing

the effects of these treatments on the non-

impairment criteria, more extensive NEPA

analysis (e.g. an EIS) including public

involvement may be required when fuel

treatments are proposed for use as a

replacement for wildland fire. The policy

in 1.6.D.8.b.iii [restoration] must be

satisfied. Fuel treatments may be permitted

under the restoration or public safety

exceptions to the non-impairment standard

when:

A. prescribed fire in the WSA will

inevitably cause unacceptable risks

to life, property, or natural

resources outside the WSA; or

B. natural successional processes have

been disrupted by past human

activity to the extent that

Manual 6330 sets out criteria

for using fuel treatments in

advance or prescribed fire or

as a replacement for wildland

fire and has a preference for

low-intensity, repeated

prescribed fires over pre-fire

treatments. The IMP does not

discuss fuel treatments.

16

intervention is necessary in order to

return the ecosystem to a condition

where natural process can function;

or

C. non-native species have altered the

fire regime so that wildland fires

pose an undue risk to the native

ecosystem.

Conclusive documentation of A, B, or C,

above, must be included in the NEPA

analysis of the proposed action. When fuel

treatment is allowed, the BLM must strive

to achieve the desired conditions through

the least impacting method. Fuel

treatments should not be authorized in a

WSA if the same objectives can be

accomplished by the BLM through fuel

treatments on public lands outside of the

WSA.

Low-intensity Prescribed Fire. Repeated

low-intensity prescribed fires are

preferable in most circumstances where

pre-fire treatment is contemplated, even if

this increases the time and cost of

treatment. §1.6(D)(2)(d)

Earth

Moving

Equipment

“All uses of earth moving equipment

within a WSA require authorization.”

Not specifically addressed. Unlike the IMP, Manual

6330 does not address earth

moving equipment proposed

for use in fire management

activities.

Fire Camps “Priority for placement of large fire camps

should be outside WSAs.”

Not specifically addressed. Unlike the IMP, Manual

6330 does not address fire

17

camps.

Motor

Vehicles &

Mechanized

Equipment

“Use of motor vehicles and mechanical

equipment during mop-up should be

minimized.”

Not specifically addressed. Unlike the IMP, Manual

6330 does not address

motorized vehicles and

mechanical equipment for

mop-up.

Suppression

Methods

“Present suppression methods may be

used, including use of power tools,

aircraft, motorboats, and motorized fire-

fighting equipment while applying "light-

hand-on-the-land" techniques. Existing

fire lookout towers and helispots may be

used and maintained; new ones may be

approved as part of the fire management

activity plan if they are the minimum

necessary for fire suppression in the

WSA.”

Not specifically addressed. Unlike the IMP, Manual

6330 does not address

suppression methods in

detail.

Lands Actions: Disposals, use authorizations, rights-of-way, access, and withdrawals Issue IMP WSA Manual 6330 Implications

Disposals Same as Manual 6330, except for land

exchanges:

“Land exchanges may be made when

BLM receives lands within an area under

wilderness review in exchange for public

lands that are not under wilderness

review. In very limited cases or unique

situations, subject to public review and

prior approval by the Director, exchanges

may be made involving public and non-

Federal lands within WSAs when such

action would significantly benefit

Except as described below, public lands

within WSAs may not be disposed of

through any means, including public

sales, exchanges, and patents under the

Recreation and Public Purposes Act.

Under either of the following two

conditions, lands within WSAs may be

subject to disposal:

i. Disposals may be permitted under

normal BLM procedures for

mining patents.

Both manuals contain the

disposal exception for mining

patents.

Manual 6330 only allows for

the exchange of land that is

either within the same WSA

or among multiple WSAs

with approval by the BLM

Director and if benefiting

wilderness values. This is

much more stringent than the

18

wilderness values and improve wilderness

management potential.

ii. Land exchanges involving public

and non-Federal lands, can occur

when the involved lands are

within the same WSA, or when

they are in two or more WSAs.

These are unique situations,

subject to prior approval by the

BLM Director. The exchange

must benefit wilderness values

and/or improve wilderness

management. Such exchanges

may not result in the elimination

of a wilderness characteristic,

including supplemental values, of

a WSA. §1.6(D)(4)(a)

IMP, which allowed for

exchanges if BLM got land

within a WSA in exchange

for land outside of a WSA or

if the exchange significantly

benefitted wilderness values

and improved wilderness

management potential.

Use

Authorization

“Leases under the Recreation and Public

Purposes Act and leases and permits

under 43 CFR 2920 may be authorized

only if BLM determines that the case in

question satisfies the nonimpairment

criteria and complies with guidance in the

IMP applicable to the type of activity

involved. Any permit or lease issued

under 43 CFR 2920 must contain a

stipulation that if the WSA is designated

as a wilderness area, the lease or permit

may be terminated. Provision regarding

disposition of facilities, structures, and

improvements upon termination will be

included in the stipulations included in the

permit or lease.”

“Any permit or lease issued under 43

CFR 2920 must contain a stipulation that

if the WSA is designated as a wilderness

area, the lease or permit may be

terminated.

Commercial filming may be permitted

under 43 CFR 2920 if it is determined to

meet the non-impairment standard or one

of the exceptions. Commercial filming

permits must stipulate that if the WSA is

designated as a wilderness, the permit

will be terminated.” §1.6(D)(4)(b)

Manual 6330 removes

language about satisfying the

non-impairment criteria as

well as reference to the

Recreation and Public

Purposes Act.

Both have the same language

for a lease stipulation that a

lease may be cancelled if the

WSA is designated as

Wilderness.

Unlike the IMP, Manual

6330 adds language for

commercial filming permits

to meet the non-impairment

standards and to have a lease

19

stipulation that a permit may

be cancelled if the WSA is

designated as Wilderness.

Rights-of-

Way

“Existing rights-of-way may be renewed

if they are still being used for their

authorized purpose. Necessary, routine

maintenance to keep an existing right-of-

way facility in a safe and reliable

condition, and any additional actions

authorized in the original permit, may be

permitted. In such cases, every effort

should be made to comply with the

nonimpairment criteria. Emergency

maintenance or emergency repairs may be

made to protect human health and safety

or to protect wilderness values even if the

activity impairs wilderness suitability.

Such emergency actions must be in

compliance with the policy set forth in

Chapter I.B.12.”

“Existing rights-of-way may be renewed

if they are still being used for their

authorized purpose. When processing an

application for renewal of an existing

right-of-way, consistent with 43 CFR

2807.22(a) and 43 CFR 2887.12, the

BLM should consider new, additional, or

modified terms and conditions to

minimize impacts to wilderness

characteristics. Necessary, routine

maintenance to keep an existing right-of-

way facility in a safe and reliable

condition, as well as any additional

actions authorized in the original permit,

may be permitted.” §1.6(D)(4)(c)

Both manuals allow ROW to

be renewed if still being used

for their authorized purpose.

However, only Manual 6330

states that BLM should

consider new, additional or

modified terms and

conditions to minimize

impacts to wilderness

characteristics when

renewing a ROW.

Both manuals allow for

necessary, routine

maintenance. However,

unlike Manual 6330, the IMP

adds that if maintenance is

authorized, “every effort

should be made to comply

with the nonimpairment

criteria” and allows for

emergency maintenance or

repairs.

Access “In cases of access to non-Federal lands

where the BLM has determined that

application of the nonimpairment standard

would unreasonably interfere with the

enjoyment of the landowner's rights. In

each case, the BLM's decision will depend

A ROW may be approved if non-Federal

lands are surrounded by WSA lands and

an access route exists, but no upgrades

greater than what existed when the WSA

was designated. If upgrading is necessary

to use the inholding as originally

Manual 6330 sets out new

standards for access to non-

Federal lands surrounding by

WSAs and implements major

changes in policies regarding

access to inholdings. As stated

in Manual 6330, “This is a

20

upon the nature of the rights conveyed and

the site-specific conditions involved. The

BLM is required by law to provide such

access as is adequate to secure to the

landowner the reasonable use and

enjoyment of non-Federally owned land

which is completely surrounded or

isolated by public lands administered

under FLPMA. In determining adequate

access, the BLM has discretion to evaluate

such things as proposed construction

methods and location, to consider

reasonable alternatives (trails, alternative

routes, including aerial access, and degree

of development) and to establish such

reasonable terms and conditions as are

necessary to protect the public interest.”

conveyed, then a ROW may be issued

but limited to not cause impairment.

Where non-Federal lands are surrounded

by WSA lands and no access route exists,

a ROW may be granted if it meets the

non-impairment standard or exceptions.

If authorized under an exception, BLM

should select the route and specify

development that causes the least impact

to wilderness characteristics.

If a ROW is authorized for access to an

inholding, BLM should consider

authorizing it for a limited period of time.

The ROW would be terminated if the

WSA is designated as Wilderness. All

proposed ROWs must be reviewed by the

Regional Solicitor. BLM should consider

the possible acquisition of a non-Federal

inholding from a willing owner as an

alternative. §1.6(D)(4)(d)

change from the [IMP], which

stated that in all cases the

BLM was required to provide

reasonable access to

inholdings. The [IMP],

however, did not reflect the

fact that reasonable access is

only required in Alaska, under

section 1323(b) of ANILCA.

Because the provision of

reasonable access does not

apply to public lands managed

by the BLM outside of Alaska,

new access can only be

provided to inholdings within

WSAs outside of Alaska

where it is consistent with

FLPMA’s non-impairment

mandate.

Right-of-

Way

Corridors

“Post FLPMA right-of-way corridors may

be designated on lands under wilderness

review, but they do not contain any rights-

of-way grants within them. However, this

will in no way interfere with the

wilderness review. No new rights-of-way

or expansions of existing rights-of-way

will be approved, except under the criteria

in paragraph 3, above. A right-of-way

corridor is not an authorization, but a

Not specifically addressed. Only the IMP addresses ROW

corridors and allows for them

but BLM still must apply the

criteria in the IMP before

approving the ROW.

21

planning tool. The need for actual rights-

of-way within a designated corridor will

be considered during the wilderness study,

but any recommended rights-of-way

inconsistent with Section C.3, above, will

not be approved, unless Congress decides

not to designate the area as wilderness.

Withdrawals “Existing withdrawals may be renewed if

the withdrawal is still serving its purpose.

No new withdrawals may be made except

withdrawals that can satisfy the

nonimpairment criteria. Withdrawals

transferring land or the administration of

lands to other Federal agencies may be

approved if the land will be managed so

as not to impair its suitability for

preservation as wilderness. Withdrawals

for purposes of resource protection may

be made (except withdrawals from

appropriation under the mining laws in

order to preserve wilderness character), as

long as the intended use satisfies the

nonimpairment criteria.”

“Unless a WSA or portion of a WSA was

“previously withdrawn from

appropriation under the mining laws,

such lands shall continue to be subject to

such appropriation during the period of

review unless withdrawn by the

Secretary under the procedures of section

204 of…[FLPMA]…for reasons other

than preservation of their wilderness

character.” Existing withdrawals may be

renewed if the withdrawal is still serving

its purpose. No new withdrawals may be

made except withdrawals that can satisfy

the non-impairment criteria.”

§1.6(D)(4)(e)

Manual 6330 clarifies that

BLM may continue to

enforce existing mineral

withdrawals for WSAs unless

the withdrawal was done

under FLPMA for reasons

other than preserving

wilderness character.

Unlike the IMP, Manual

6330 does not state that lands

can be withdrawn to transfer

land or management to other

federal agencies so long as

non-impairment occurs.

Oil and Gas (includes geothermal, oil shale and tar sands) Issue IMP WSA Manual 6330 Implications

New Leasing “No new leases may be issued on lands

under wilderness review. This applies to

public lands, including split-estate lands

where Federal mineral estate underlies

non-Federal surface, within the

boundaries of an area under review.”

“New leasing of oil and gas minerals,

including leasing with "no surface

occupancy" stipulations, is prohibited

within WSAs under the Federal Onshore

Oil and Gas Leasing Reform Act of 1987

(30 U.S.C. § 181). This includes split-

estate lands within the boundary of the

Manual 6330 clarifies that in

addition to no new leasing in

WSAs, BLM may have a

setback for leases if the WSA

boundary does not have an

official survey.

22

WSA where Federal mineral estate

underlies non-Federal surface. The BLM

may offer lands for lease up to the WSA

boundary. However, where the exact legal

description of the WSA boundary is not

known due to the lack of an official survey,

leasing should be set back from the WSA

boundary. The setback distance will be

determined by the manager, through the

Management of Land Boundaries Plan

where it exists, and be sufficient to

guarantee that wilderness characteristics of

the lands within the WSA boundary are not

impaired.” §1.6(D)(5)(c)(i)

Pre-existing

Leases

“All pre-FLPMA leases represent VERs,

but the rights are dependent upon the

specific terms and conditions of each

lease, including any stipulations attached

to the lease. Activities for the use and

development of such leases must satisfy

the nonimpairment criteria unless this

would unreasonably interfere with rights

of the lessee as set forth in the mineral

lease. When it is determined that the

rights conveyed can be exercised only

through activities that will impair

wilderness suitability, the activities will be

regulated to prevent unnecessary or undue

degradation. Nevertheless, even if such

activities impair the area's wilderness

suitability, they will be allowed to

proceed. A pre-FLPMA lease does not

“Pre-existing mineral leases will be

allowed to be developed according to the

VER conveyed by the specific terms and

conditions of each lease. These rights are

neither absolute nor unqualified, but do

include the right to access different

leasable mineral horizons than were being

tapped at the time of WSA designation

unless the lease specifies otherwise.

Activities for the use and development of

such leases must satisfy the non-

impairment criteria, unless this would

unreasonably interfere with rights set forth

in the mineral lease. Development of pre-

existing leases may be subject to terms and

conditions to minimize impairment of

wilderness characteristics, including:

A. use of best management practices. [e.g.

relocation of pad, no blading of access

Unlike the IMP, Manual

6330 does not distinguish

between pre-FLPMA and

post-FLPMA leases. Manual

6330 also sets out example

terms and conditions that the

lessee may have to comply

with before development can

occur.

23

carry with it a VER to obtain access to the

lease boundaries across Federal land and,

in the absence of "grandfathered" uses,

access may not be granted if it would

violate the nonimpairment standard.”

Post-FLPMA Leases Issued Prior to the

Issuance of the Interim Management

Policy. Regardless of

the conditions and terms under which

these leases were issued, there are no

"grandfathered" uses inherent in post-

FLPMA leases. Activities on post-

FLPMA leases will be subject to a special

wilderness protection stipulation. If there

is already production on any lease issued

in this period, it would be allowed to

continue in the least impairing manner.

Increases in production or production

facilities would not be allowed if the

resultant impacts would further impair.

The nonimpairment criteria apply to all

post-FLPMA leases, whether or not a

wilderness protection stipulation was

included in the lease. Proposed activities

on all post-FLPMA leases are regulated

under the nonimpairment standard at the

time the lessee desires to start any surface-

disturbing activities on the leasehold.

road or well pad, pitless drilling etc.

See manual for other examples].

B. standard practices such as blading or

gravelling well pads or access routes

may be suspended until a well is

proven productive.

C. if there is no legal access to a pre-

existing lease, and that lease is entirely

within a WSA and not contiguous with

any part of the WSA boundary, the

lease may not be developable since: 1)

rights of access across a lease do not

include rights of access to the lease; 2)

such rights of access to a lease must

come in a separate right-of-way

authorization; and 3) no new rights-of-

way will be issued in WSAs for uses

that do not meet the non-impairment

criteria or exceptions described in this

manual.

D. on leases that cross the boundary of a

WSA, the lease rights may be satisfied

without allowing drilling in the WSA,

depending on the proportion of the

leasehold within the WSA.

§1.6(D)(5)(c)(ii)

Suspension

of Lease

Terms

The Secretary of the Interior has the

discretionary authority to direct or assent

to a suspension of the operating and

producing requirements of an oil and gas

Suspension of lease terms may be

requested by lease holders if an

application to conduct operations is

denied because of the potential

The IMP provides more

specific procedures for when

an application for operations

is denied due to potential

24

or geothermal resources lease if it is in the

interest of conservation to do so and when

the specific circumstances involved

warrant such an action.

When the BLM notifies a proponent that

an application to conduct operations is

being denied because of the potential

impairment of wilderness suitability, it

should advise the proponent of the right

to: (1) appeal that denial, (2) request a

suspension of operation, and (3) take such

other actions as appropriate to protect the

rights granted by the lease. It is not

appropriate for the BLM to speculate as to

the potential for suspension since the

specific circumstances involved in each

case will be determining factors in any

decision. However, if the lessees who are

denied the right to conduct operations

because of conflicts with wilderness

review are to be given a reasonable

opportunity to preserve their leases, these

potential conflicts must be identified

promptly during the notice of staking,

application to conduct operations, and

plan of operation. The lessee must also be

promptly notified of the disapproval of the

application.

For leases not encumbered with the

wilderness protection or no-surface-

occupancy stipulations and on

impairment of wilderness suitability as

outlined in paragraphs ii.B or ii.D, above.

The Secretary of the Interior has the

discretionary authority to direct or assent

to such a suspension of the operating or

producing requirements of a lease if it is

in the interest of conservation to do so

and when the specific circumstances

involved warrant such an action, such as

until congressional decision on the

wilderness status of the area is made. §1.6(D)(5)(c)(iii)

impairment of wilderness

suitability and when a

suspension might be in order.

25

which an application for an otherwise

acceptable plan of operations was denied

for wilderness or endangered species

considerations, the Secretary has

established a policy of assenting to

suspension of operating and producing

requirements for the time needed to

complete necessary studies and

consultations and, if applicable, for a

decision on wilderness status to be made.

The same policy would apply in cases

where a discovery of oil and/or gas has

been made in a nonimpairing manner on a

leasehold requiring a wilderness

protection stipulation and for which an

otherwise acceptable plan of development

and production operations has been denied

because it would impair suitability for

wilderness.

On the other hand, in instances where a

lease is encumbered by a wilderness

protection or no surface occupancy

stipulation and there has been no

discovery and a lessee's request for

application for permit to drill has been

denied, the Secretary's policy generally

has been and will be to not grant relief

from the terms of the stipulation by

granting a suspension.”

Exploration Post-FLPMA oil and gas or geothermal

exploration applied for under 43 CFR

Geophysical exploration may be allowed

only if it satisfies the non-impairment

Unlike the IMP, Manual

6330 does not distinguish

26

3150 or 43 CFR 3209 may be approved if

the BLM determines that it satisfies the

nonimpairment criteria. Pre-FLPMA

exploration will be allowed to continue as

provided under the "grandfather" concept.

Consistent with Sections 302(b) and

603(c) of FLPMA, all oil and gas and

geothermal "Notices of Intent to

Conduct Exploration" must be approved

by BLM prior to commencement of

operations. Under 43 CFR 3150, which

requires filing of a notice of intent, the

Authorized Officer has an opportunity to

review the proposed action to determine

whether special practices or procedures

need to be followed by the operator or

whether the general approval contained in

the regulations should be withheld.

Seismic and inventory information

gathering by helicopter or other means not

requiring road blading or improvement

may be allowed if it satisfies the

nonimpairment criteria. Recurring mineral

surveys with other Federal agencies by

various methods may be conducted in

accordance with 43 CFR 3802.1-2 under

the nonimpairment criteria. Casual use

provisions and definitions relating to

exploration are found at 43 CFR 3150.

criteria. §1.6(D)(5)(c)(iv)

between pre-FLPMA and

post-FLPMA leases and

cleans up this section by

requiring a blanket non-

impairment standard for

exploration.

Drilling

Units

Post-FLPMA leases may be included in

drilling units, either alone or in

combination with pre-FLPMA leases.

However, post-FLPMA leases remain

“Drilling units may include existing

leases, but those leases are constrained in

their valid existing rights as described

above. The rights of leases outside the

Manual 6330 cleans up the

language on drilling units,

allowing for existing WSA

leases to be in drilling units,

27

subject to the nonimpairment criteria even

when included in a drilling unit with pre-

FLPMA leases. In this situation, the VERs

of the pre-FLPMA lease must be honored

on the pre-FLPMA lease, but those rights

cannot be extended to post-FLPMA leases

through formation of a drilling unit.

Similarly, if there was a "grandfathered"

use on the pre-FLPMA lease, the use may

proceed in the same manner and degree

onto adjacent pre-FLPMA leases (held by

the same owner) within the drilling unit,

but a "grandfathered" use cannot be

extended to any post-FLPMA leases

through formation of a drilling unit.

Although post-FLPMA leases included in

a drilling unit remain subject to the

nonimpairment criteria, they enjoy other

benefits of unitization, and their terms

may be continued by drilling, or extended

by production, on other leases in the unit.

WSA not subject to the non-impairment

criteria cannot be extended to leases

within the WSA through formation of a

drilling unit, though leases within the

WSA enjoy other benefits of unitization

and their terms may be continued by

drilling, or extended by production, on

other leases in the unit.” §1.6(D)(5)(c)(v)

but subject to their VERs.

However, Manual 6330

prohibits leases outside of the

WSA that are not subject to

non-impairment criteria to be

extended to leases within the

WSA by unitization.

Hardrock Mining Issue IMP WSA Manual 6330 Implications

Location,

Prospecting,

Exploration,

Mining

Mining operations conducted on lands

under wilderness review are subject to the

regulations 43 CFR 3802. These

regulations provide procedures for

notifying the BLM of activities being

conducted or proposed to be conducted on

mining claims and also establish the

standards for approval of the conduct of

Exploration, Prospecting, and Location

of New Mining Claims are permitted in

all WSAs unless withdrawn under other

provisions of law. For WSAs established

under the authority of Section 603 of

FLPMA, all new location, methods and

routes of access, and subsequent

assessment must satisfy the non-

Whereas the IMP discussed

regulations set out for new

mining claims and operations

in WSAs, Manual 6330

explicitly states that new

claims are allowed in WSAs

unless withdrawn under other

provisions of laws and the

28

those operations, including reclamation.

The regulations have several purposes: (1)

to prevent impairment of the wilderness

suitability of areas under wilderness

review; (2) to recognize valid existing

rights; (3) to allow "grandfathered" uses to

continue; (4) to allow continued location

and operations under the mining laws;

and, (5) to prevent unnecessary or undue

degradation of the lands.

impairment criteria. §1.6(D)(5)(g)

development of 603 WSAs

must meet the non-

impairment criteria.

Pre-existing

Claims

All mining claimants who located claims

on or before October 21, 1976, and

are able to demonstrate a discovery as of

that date, as required under the 1872

Mining Law, as amended (prudent man

test), and at the time of approval of a plan

of operations under the regulations

43 CFR 3802, will be allowed to continue

their mining operations to full

development. Activities for the use and

development of such claims must satisfy

the nonimpairment criteria, unless this

would unreasonably interfere with the

claimant's possessory rights of use and

enjoyment of the claim. When it is

determined that the rights conveyed can

be exercised only through activities that

will impair wilderness suitability, the

activities will be regulated to prevent

unnecessary or undue degradation.

Nevertheless, even if such activities

impair the area's wilderness suitability,

those activities will be allowed to proceed.

The degree to which impairing activity,

including assessment work, is allowed

depends on whether the mining claimant

is recognized as having a "valid"

discovery as of October 21, 1976.

A. Mining claimants are recognized as

having a VER if a valid discovery

was made on the claim on or before

October 21, 1976, and the claim

continues to be supported by such a

discovery. A validity exam

performed by BLM, as described in

BLM Manual 3812, Validity

Examinations, determines whether or

not a valid discovery exists. When it

is determined that the claimant's

rights can be exercised only through

activities that will impair wilderness

suitability, they will be allowed to

proceed, the impairment

notwithstanding. Claims that do not

meet the standards of a VER may still

be developed as a grandfathered use

Manual 6330 clarifies that

anything that is not a VER or

grandfathered use must meet

the non-impairment criteria.

Manual 6330 provides that a

BLM validity exam, as set

out in BLM policy,

determines whether or not a

valid discovery exists. This

differs from the IMP, which

requires mining claimants to

demonstrate a valid

discovery under the Mining

Law (prudent man test).

Pre-existing mining

operations that do not satisfy

the requirements of having a

VER nevertheless are

permitted to continue in the

"same manner and degree" as

were occurring in October

29

Before the BLM will grant approval of

operations that do not satisfy the

nonimpairment criteria, the operator will

be required to show evidence of a pre-

FLPMA discovery. If warranted, BLM

may verify data through a field

examination and, only if necessary,

initiate contest proceedings.

If claims have a pre-FLPMA discovery

and are otherwise properly located and

maintained under the mining laws, then

the nonimpairment criteria may be

exceeded. All operations will be regulated

to prevent unnecessary or undue

degradation of the lands until the claims

are patented. Any claim patented in the

California Desert Conservation Area will

continue to be regulated to prevent

unnecessary or undue degradation, even

after the claim has been patented

[FLPMA, Section 601(f)].

All operations are subject to the

regulations 43 CFR 3802, specifying in

what circumstances and in what manner

notification is required.

if they fit the appropriate criteria (see

ii.B, below).

B. Access to claims that meet the

requirements of a VER is permitted,

even if it fails to meet the non-

impairment standard. Such access

must still not cause unnecessary and

undue degradation.

C. Pre-existing mining operations that

do not satisfy the requirements of

having a VER nevertheless are

permitted to continue in the "same

manner and degree" as were

occurring in October 1976 as

grandfathered uses. In practical

terms:

I. The same physical and visual

impacts are allowed to continue at

a logical pace and progression,

provided that the impacts of the

extension or of the new activity

are not of a significantly different

kind than the impacts existing on

October 21, 1976.

II. The quantity of on-the-ground

impacts may be increased by the

logical pace and progression of a

grandfathered use, but the new

impacts may not be of a

significantly different kind than

the impacts involved with the pre-

FLPMA activity.

III. It is the use, rather than the claim,

1976 as grandfathered uses.

In practical terms:

Manual 6330 clarifies what

constitutes development in

the “same manner and

degree” for grandfathered

uses.

Manual 6330 recognizes the

1994 moratorium on

patenting mining claims is

still in place but doesn’t

change BLM’s policy on the

management of patented

mining claims.

30

that is grandfathered. A

grandfathered mineral use may

continue in the same manner and

degree onto adjacent claims held

by the same person, even if the

adjacent claims are post-FLPMA

claims. IV. Access to claims that do not meet

the requirements of a VER is

limited to the "same manner and

degree" that existed on October 21,

1976.

D. Work on pre-existing mining claims

that do not satisfy the definitions of

either VERs or grandfathered uses will

be allowed only if the BLM determines

that the proposed operations satisfy the

non-impairment criteria.

E. Because Congress directed the BLM to

stop patenting mineral claims in 1994,

that process is not discussed here. If

patenting were to resume, this sub-

section of the WSA Management

Manual will be revised. Patented

claims issued prior to 1994 are treated

as private land except in the California

Desert Conservation Area, where

patented claims continue to be

regulated to prevent unnecessary or

undue degradation. §1.6(D)(5)(g)

Temporary

Limitation on

the Exercise

“If impairing activities are proposed on a

pre-FLPMA claim with VERs, within a

WSA which the BLM Director has

Not addressed. Unlike the IMP, Manual

6330 does not create a

temporary limitation of

31

of Valid

Existing

Rights

(VERs).

recommended to the Secretary as suitable

for preservation as wilderness, the

proposed impairing activity may be

temporarily disapproved by the Director

of the BLM. This is a narrow exception

for extraordinary circumstances when the

Secretary and the President may be

expected to recommend the WSA as

suitable for wilderness and Congress may

be expected to act in a short period of

time. Such a disapproval would be for 1

year, subject to renewal, but not to exceed

a total of 2 years.”

exercising VERs for

impending Wilderness bills

that may include WSA lands

at issue.

Coal Issue IMP WSA Manual 6330 Implications

New Leasing “The only BLM-administered lands that

will be offered for competitive lease sale

are those on which a final wilderness

inventory decision has determined that the

lands lack wilderness characteristics.

Once the Congress has determined that a

WSA will not be designated as

wilderness, the area may be considered for

competitive lease.”

New leasing of coal is prohibited within

WSAs. §1.6(D)(5)(e)(i)

Unlike the IMP, Manual

6330 prohibits new coal

leases within WSAs.

Pre-existing

Leases

All pre-FLPMA coal leases represent

VERs, but the rights are dependent upon

the specific terms and conditions of each

lease, including any stipulations attached

to the lease. Activities for the use and

development of such leases must satisfy

Pre-existing coal leases will be allowed

to be developed according to the VER

conveyed by the specific terms and

conditions of each lease. §1.6(D)(5)(e)(ii)

Both the IMP and Manual

6330 allow pre-existing

leases to be developed

according to VER terms and

conditions. However, unlike

the IMP, Manual 6330 does

32

the nonimpairment criteria unless this

would unreasonably interfere with rights

of the lessee as set forth in the mineral

lease. When it is determined that the

rights conveyed can be exercised only

through activities that will impair

wilderness suitability, the activities will

be regulated to prevent unnecessary or

undue degradation. Nevertheless, even if

such activities impair the area's wilderness

suitability, they will be allowed to

proceed.

not hold coal leases to the

nonimpairment standard.

Pre-existing

Preference

Right Lease

Applications

The preference right lease applicant's right

to adjudication of his right to lease will be

recognized. Application of the right,

however, involves application of the coal

unsuitability criteria, including the

wilderness review criterion number 4, of

43 CFR 3461(d)(1) and the imposition of

conditions in the proposed lease to

prevent impairment of the area's

suitability for preservation as wilderness.

The Secretary may initiate exchange

proceedings for coal under 43 CFR

3430.5-4 if he determines that, among

other things, the lands are unsuitable for

coal mining because of wilderness

considerations.

Pre-existing Preference Right Lease

Applications (PRLAs) will be

adjudicated by applying the criterion for

assessing lands unsuitable for coal

mining at 43 CFR 3461.5(d)(1).

Therefore, even though the applicant

showed a pre-existing commercial

discovery of coal, WSAs are considered

unsuitable unless and until congressional

decision not to designate the WSA as

wilderness and to release it from further

review. The Secretary may initiate

exchange proceedings under 43 CFR

3430.5-4. §1.6(D)(5)(e)(iii)

Both the IMP and Manual

6330 are the same for pre-

existing preference right

lease applications.

Exploration Exploration licenses are issued for

exploration of unleased Federal land.

Unsuitability criteria will not be applied to

exploration licenses. If the activities

proposed under an exploration license

Coal exploration licenses may be allowed

only if they satisfy the non-impairment

criteria. §1.6(D)(5)(e)(iv)

Both the IMP and Manual

6330 are the same for

exploration licenses.

33

would create impacts that do not satisfy

the nonimpairment criteria, they would

not be approved.

Suspension

of Lease

Terms

The lease suspension policy for oil and

gas applies to coal leases. One factor in

the Secretary's decisions will be the

diligent development requirement that

must be met by the lessee.

Not specifically addressed. Unlike the IMP, Manual

6330 does not address

suspension of coal lease

terms.

Disposal of

Minerals

Materials

(Salable)

Sale and free use of mineral materials will

not be allowed in most instances because

it would not be compatible with the

nonimpairment criteria. The existence of

the use would constrain the Secretary's

ability to recommend the area suitable or

for the Congress to designate the area as

wilderness.

Mineral materials subject to disposal

include, but are not limited to, petrified

wood and common varieties of sand,

stone, gravel, pumice, and clay.

i. Except as provided for in ii, below,

sale or free use of all mineral

materials is not allowed because

such activities cause surface

disturbance and so do not meet the

non-impairment criteria.

ii. Free collection of small amounts of

mineral materials for personal use

may be permitted except:

A. all collection must satisfy the

non-impairment criteria

B. no collection of petrified wood is

allowed in areas where it has been

identified as a supplemental value

of the WSA (except under

scientific permit; see 1.6.D.1).

Unlike the IMP, Manual

6330 contains an exception

for small amounts of mineral

materials for personal use

under specific criteria.

Recreation Issue IMP WSA Manual 6330 Implications

Motorized “No new, permanent recreational ways, “i. Recreational use of motor vehicles or Manual 6330 is much

34

and

Mechanized

Vehicle Use

trails, structures, or installations will be

permitted, except those that are the

minimum necessary for public health and

safety in the use and enjoyment of the

public lands' wilderness values, and that

are necessary to protect wilderness

resource values.”

“Except for emergency situations as

defined in Chapter I.B.12, vehicle

designations in WSAs are to be handled

through the land-use planning process.

Until WSAs are designated as wilderness

or released from study status, vehicle use

within each WSA is governed by the

terms and conditions as identified in

Chapter I.B.11 and any land-use planning

decisions. Open areas may be designated

only:

1) as sand dune or snow areas for use

by the appropriate sand or snow

vehicles, or

2) where an area was designated open

prior to October 21, 1976. No

vehicle designation in a WSA may

allow vehicles to travel off existing

ways and trails, except in these two

circumstances.”

“Organized vehicle events will not be

allowed unless they can meet the

nonimpairment criteria, and are contained

on existing ways and trails or within pre-

mechanical transport (see Glossary) may

only be allowed when such use is

consistent with all applicable laws and

meets the non-impairment standard. The

following are examples of motorized or

mechanized transport uses that are not

likely to impair an area’s suitability and

therefore may be allowed in a WSA:

A. within "open" areas designated prior

to the passage of FLPMA (October

21, 1976), unless the area was

subsequently limited or closed in a

Land Use Plan decision.

B. on primitive routes (or “ways”)

identified by the BLM as existing on

October 21, 1976 (or prior to the

designation date for Section 202

WSAs not reported to Congress) if:

I. identified in the original

wilderness inventory; or

II. if not identified as in I., having

documented proof that the route

existed at that time; and

III. whether I. or II., the route was not

otherwise closed through BLM’s

Travel Management Planning

C. off of primitive routes for the

minimum clearance to allow another

vehicle to pass when driving or

parking vehicles.

Note: offices may consider issuing

supplementary rules where necessary to

provide enforcement of this section of the

more specific in the

management of

recreational use of

motorized and

mechanized vehicles.

Unlike the IMP, Manual

6330 provides examples

for uses that are not

likely to impair

suitability.

Unlike the IMP, Manual

6330 does not include

the exception for sand

dune or snow areas for

“open” areas—just pre-

existing “open” areas

that have not been

limited or closed in a

subsequent decision.

Manual 6330 changes

“ways” to “primitive

routes.” Primitive routes

do not meet the

definition of “wilderness

inventory roads.”

Unlike the IMP, Manual

6330 provides specific

guidance on motorized

and mechanized

vehicles, including:

35

FLPMA sand dune or snow open areas.” WSA Management Manual.

ii. Because their development causes new

surface disturbance, no new motor

vehicle or mechanical transport routes

will be permitted in WSAs. Vehicle

routes other than those defined in b.i.B,

above, should be closed and restored.

iii. No improvement or maintenance of

any primitive routes will be permitted to

facilitate recreational motor vehicle or

mechanized vehicle use in WSAs if it

does not meet the non-impairment

standard or one of the exceptions.

iv. Primitive routes within WSAs may

only be used to the extent that the

physical impacts of the primitive route

are no greater than existed on October

21, 1976 (or prior to the designation date

for Section 202 WSAs not reported to

Congress). During the wilderness

inventory, the BLM evaluated all “ways”

(now referred to as “primitive routes”)

within WSAs and in many cases

established photo documentation of their

condition. Except for emergency

situations as defined in section 1.6.C.2.a,

or for activities authorized under other

exceptions to the non-impairment criteria

in section 1.6.C.2., the BLM must take

action to ensure the route does not exceed

New motorized or

mechanized routes.

improvements or

maintenance of any

primitive routes.

Monitoring routes

Closure of primitive

routes

Unlike the IMP, Manual

6330 does not

specifically address

organized vehicle events.

36

the approximate conditions of impact to the

wilderness characteristics that existed on

October 21, 1976 (or prior to the

designation date for Section 202 WSAs not

reported to Congress). Actions taken to

improve the wilderness characteristics of

the route will impose the least restrictions

on visitors while effectively restoring the

route, and can include closure (seasonally

or year-round) of primitive routes to some

or all types of motorized or mechanical

transport under the authorities of 43 CFR

8341.2 and 8364 where: A. Use has increased appreciably,

causing the route to become more

highly developed (for example, a

two track route that no longer has

center vegetation or has increased

in width).

B. Deterioration of the route has

occurred, causing drivers to bypass

a section(s) of the route (for

example, the surface of a primitive

route has eroded causing drivers to

bypass the original route and drive

parallel to it).

In most cases, closure of primitive routes

will also include restoration of the soil and

vegetation. In some cases, a closure may

be made by gating the road and allowing

for authorized use to continue (for

example, access associated with grazing

administration).

v. If outstanding opportunities for solitude

37

were identified in the original inventory,

the BLM will monitor remaining primitive

routes open to motorized travel within the

area and take actions to prevent the

impairment of the opportunity for solitude.

The BLM cannot allow use (including

increased vehicle use on routes remaining

open to motorized or mechanical transport

within the area) that would impair these

opportunities.

vi. As described in BLM Manual 1626—

Travel and Transportation Manual, “Any

motorized/mechanized linear transportation

feature located within [WSAs] will be

identified in a transportation inventory as a

motorized/mechanized ‘primitive

route’...Primitive routes will not be made a

part of the transportation system, classified

as a transportation asset, or entered into the

Facility Asset Management System

(FAMS) unless one of the following

conditions is met:

A. The routes are designated as non-

motorized and non-mechanized

trails, or

B. Congress releases the WSA from

Wilderness consideration.”

Motorized/mechanized primitive routes

may be signed only to the extent necessary

to prevent resource damage or users getting

lost; they may not be assigned names or

numbers that would appear to create a de

facto route system.

38

vii. Though motorized and mechanical

transport may be permitted to continue

along existing primitive routes, “closed”

designations may be appropriate for

WSAs, or portions of WSAs, where RMP

planning goals are to provide primitive

recreational opportunities, or where needed

for the protection of an identified natural

resource. §1.6(D)(6)(b)

Trails “No new, permanent recreational ways,

trails, structures, or installations will be

permitted, except those that are the

minimum necessary for public health and

safety in the use and enjoyment of the

public lands' wilderness values, and that

are necessary to protect wilderness

resource values. No mechanical transport,

which includes all motorized vehicles plus

trail or mountain bikes, will be allowed on

such trails.”

“As surface disturbing developments, no

new trails or related structures or

installations will be allowed, unless they

meet an exception to the non-impairment

standard. Where trails are allowed under an

exception, no motorized or mechanical

transport (e.g. bicycles) will be allowed on

such trails.”

If found to meet the non-impairment

standard or one of the exceptions, new trail

sections, trail structures, or installations

may be provided under the following

conditions:

i. Hiking or horseback riding use levels

have increased, or are expected to increase,

to the extent that resource impacts are or

are likely to become present (e.g. braided

or duplicate trails, impacts to cultural sites

or other sensitive resources, or accelerated

soil erosion). In these cases, to minimize

recreational use impacts to wilderness

characteristics a single, properly located,

sustainable trail may be provided for under

the "restoration of impacts from violations

Unlike the IMP, Manual

6330 provides specific

conditions for new trails

if the non-impairment

standard is met,

including:

Increase in hiking or

horseback use levels

may cause impacts,

making a single trail

appropriate.

Increase in hiking or

horseback use levels

has created a

dangerous route,

making relocation of

a trail appropriate.

Turning primitive

routes once used for

motorized vehicles

into non-motorized

trails.

39

emergencies" or "protect or enhance

wilderness characteristics or values"

exceptions to the non-impairment criteria

(see sections 1.6.C.2.c and 1.6.C.2.f.)

ii. Hiking or horseback riding use levels

have increased so that a defined route is

present, and the route leads visitors to a

hazard (e.g. along a precipitous ledge or to

an abandoned mine). In these cases, a trail

may be relocated to a more appropriate

location.

iii. A primitive route closed to motor

vehicles is utilized by hiking or horseback

riding. The primitive route may be

managed as a trail, including constructing

water drainage and re-routing of

unsustainable sections as defined in c.i and

c.ii, above. §1.6(D)(6)(c)

Boating 3. Boating may be allowed with or

without motors. The BLM does not have

authority over all waters within the public

lands; some are under jurisdiction of the

States. Therefore, the following guidelines

apply only to those waters on which the

BLM has authority to regulate boating.

a. No waters will be closed to

motorboats solely because they are in

areas under wilderness review.

However, if increasing impacts of

boating (such as shore erosion or

water pollution) threaten to impair

wilderness suitability, the BLM may

close the affected waters to

“Boating may be allowed with or without

motors as long as supporting facilities

and activities within the WSA satisfy the

non-impairment criteria. No launching

ramps or boat docks will be built. A

"brow log" may be used to reduce

erosion at boat landings. A short trail

may be designated and maintained

between boat landings and campsites at

appropriate locations above the waterline

in order to minimize recreational use

impacts to the wilderness resource

consistent with paragraph 6.c, above.”

§1.6(D)(6)(d)

Unlike the IMP, Manual

6330 does not contain

language on motorboats,

river running or river

campsites.

Manual 6330 allows for

the creation of short

trails between boat

landings and campsites.

40

motorboats. In some cases, time or

space restrictions or public education

may make a total closure

unnecessary. The Bureau also has

authority under other programs to

regulate boating to minimize damage

to wildlife and other resource values.

b. River running, with or without

motors, may be permitted.

Cumulative impacts on river

campsites will be monitored to

prevent impairment of wilderness

suitability.

c. No permanent launching ramps or

boat docks will be built. A "brow

log" may be used to reduce erosion at

boat landings. Temporary launching

ramps and boat docks may be

installed only if they satisfy the

nonimpairment criteria.”

Skiing “Cross-country skiing may be allowed.

Downhill (alpine) may be permitted only

if any support facilities within the WSA

satisfy the nonimpairment criteria.

Helicopter skiing, if nonimpairing, may be

allowed at the discretion of the authorized

officer.”

“Skiing is allowed as long as all

supporting facilities and activities within

the WSA satisfy the non-impairment

criteria.” §1.6(D)(6)(e)

Both manuals are

essentially the same.

Aerial

Activities

“Aerial activities such as ballooning,

sailplaning, hang gliding, and parachuting

(sky diving), may be allowed as long as

they do not require cross-country use of

motorized vehicles or mechanical devices

to retrieve equipment, except in areas

“Aerial activities such as ballooning,

hang gliding, paragliding and

parachuting (sky diving), may be allowed

as long as they meet the non-impairment

standard, including not requiring cross-

country use of motorized vehicles or

Manual 6330 clarifies

that these activities must

meet the non-impairment

standard in addition to

not requiring cross-

country motorized or

41

designated as "open" before October 21,

1976.”

mechanical devices to retrieve

equipment, except in areas designated as

“open” before October 21, 1976.”

§1.6(D)(6)(f)

mechanized use.

Rock

Climbing and

Caving

Rock climbing and caving will be allowed

as long as these activities meet the

nonimpairment criteria. The use of power

driven (i.e. fuel or electric) rock drills or

permanent anchors (e.g. bolts) is not

allowed. No marring, scarring or defacing

resulting in adverse impacts to the

wilderness value of naturalness will be

permitted, nor will permanent installations

be permitted. Exceptions to the above

may be allowed for: (a) emergencies, such

as search and rescue operations; and (b)

authorized actions needed for access

travel within WSAs which are the

minimum necessary for public health and

safety in the use and enjoyment of the

wilderness values. Any impacts from

emergency actions (a, above), must be

reclaimed to a substantially unnoticeable

condition following the emergency

situation.

“Rock climbing and caving are allowed

as long as these activities meet the non-

impairment criteria. The placement of

permanent fixed anchors (e.g., bolts) or

artificial holds is not allowed unless it

meets one of the exceptions to the non-

impairment standard, e.g. for

emergencies, such as search and rescue

operations. Any impacts from emergency

actions must be restored to a substantially

unnoticeable condition following the

emergency situation. Generally, fixed

anchors placed prior to FLPMA will not

be removed unless their presence

creates—directly or indirectly—impacts

that exceed the non-impairment

standard.”

§1.6(D)(6)(g)

Both manuals are

essentially the same,

except Manual 6330

allows for pre-existing

anchors to continue to

exist unless impacts

exceed the non-

impairment standard.

Camping “Camping may be allowed. Camping with

recreational vehicles may occur on

existing ways as long as this use meets the

nonimpairment criteria. Primitive

campsites for recreational use may be

established anywhere in the WSA as long

as they meet the nonimpairment criteria.

Low impact camping techniques should

“Camping is generally allowed in WSAs.

Primitive camping (i.e., horse camping and

backpacking) may occur anywhere in the

WSA as long as it meets the non-

impairment criteria. Campsites should be

monitored and action taken to limit use

and/or restore sites where unacceptable

levels of impact are present. Low impact

camping techniques should be promoted

Unlike the IMP, Manual

6330 contains a

provision for monitoring

campsites for

unacceptable levels of

impacts.

Unlike the IMP, Manual

42

be encouraged within all WSAs.” within all WSAs.

Campsite developments (e.g. camping

pads, picnic tables, etc.) may not be

installed. Toilets may only be provided to

protect or enhance wilderness

characteristics where resource damage is

documented and where the toilet would not

rely on motor vehicles for maintenance.

Camping with motor vehicles may occur

on existing primitive routes as long as this

use meets the non-impairment criteria.

Vehicles may drive off of existing

primitive routes no farther than is

necessary to allow another vehicle to pass.

In some cases, camping spurs were

documented in the route analysis during

the wilderness inventory; these may

continue to be used as long as vehicles

cause no more impact than was present at

the time of the inventory.” §1.6(D)(6)(h)

6330 specifically

addresses campsite

developments, toilets,

and “car camping.”

Education

and

Interpretation

“Environmental education and interpretive

programs may be conducted so long as no

permanent facilities are required and the

use does not cause surface disturbance.”

“Environmental education and

interpretive programs may be conducted

as long as they meet the non-impairment

standard or one of the exceptions.”

§1.6(D)(6)(i)

Manual 6330 clarifies

this section by applying

the non-impairment

standard to this use.

Hobby

Collecting

(Rock

Hounding)

“Hobby collecting of mineral specimens

(rockhounding) and vegetative specimens

may be allowed for personal but not

commercial use, as long as the collection

activity method meets the nonimpairment

criteria.”

“Hobby collecting of common rock and

mineral specimens (rock hounding) and

vegetative specimens may be allowed for

personal but not commercial use, as long

as the collection activity method meets

the non-impairment criteria and is not

otherwise prohibited. Collecting common

invertebrate and plant paleontological

Manual 6330 prohibits

collection of

paleontological resources

if those are identified as

a supplemental value and

clarifies that no

collecting of any

resource protected by the

43

resources as allowed under the

Paleontological Resources Protection

subtitle of 16 U.S.C. 7202 will not be

allowed in a WSA where these non-

renewable resources have been identified

as a supplemental value because said use

would impair the area’s suitability for

preservation as wilderness. See also

1.6.D.5.b.ii in this manual. As on any

public land, no hobby collecting of any

resource protected by the Archaeological

Resources Protection Act is permitted.”

§1.6(D)(6)(j)

Archaeological

Resources Protection Act

is permitted.

Gold Panning

and Dredging

“Recreational gold dredging and panning,

when conducted without location of a

mining claim may be allowed as long as it

is done in a manner that satisfies the

nonimpairment criteria. If the activity

would cause significant damage to fish

spawning or rearing areas, it will be

considered to impair wilderness

suitability, and the activity will be

controlled to prevent such impacts.”

“Recreational gold panning, when

conducted without location of a mining

claim, may be allowed as long as it is

done in a manner that satisfies the non-

impairment criteria. If the activity would

cause noticeable damage to fish

spawning or rearing areas, it will be

considered to impair wilderness

suitability, and the activity will be

limited to prevent such impairment.

Dredging is not allowed unless it meets

one of the exceptions to the non-

impairment standard.” §1.6(D)(6)(k)

Unlike the IMP, Manual

6330 prohibits dredging

for gold.

Geocaching Not addressed. “Geocaching and other similar activities

are allowed as long as the use meets the

non-impairment criteria. The BLM must

also ensure that activities that would be

incompatible with wilderness designation

(such as geocaching with physical

Manual 6330 specifically

allows geocaching in

WSAs so long as non-

impairment is being met

and that it is not the

dominant use of the area.

44

caches) do not become the dominant use

of the area, thereby impairing the

solitude or primitive recreational

opportunities that existed at the passage

of FLPMA. See section 1.6.B.5. The

BLM should coordinate with geocachers

to ensure that caches are not placed in

areas with sensitive resources (e.g.

cultural). Where increased use levels are

found to be causing impairment (e.g. new

visitor created trails or soil and

vegetation impacts around the geocache

site) geocaching should be discontinued.”

§1.6(D)(6)(l)

The IMP did not

specifically address

geocaching.

Special

Recreation

Permits

“Concessions and actions that require

authorization under a special recreation

permit will be allowed only if the use and

related facilities satisfy the

nonimpairment criteria. Examples that

may qualify include mobile refreshment

stands, river trip outfitters, guides, and

providers of pack animals and saddle

horses.”

“Activities that require authorization

under a Special Recreation Permit (SRP)

will be allowed only if the use and

related facilities satisfy the non-

impairment criteria (and therefore do not

involve a use of the WSA that would be

incompatible with wilderness

designation). Examples of uses that may

be authorized include river trip outfitters,

hunting or fishing guides, group

backpack trips, and providers of pack

animals and saddle horses.”

§1.6(D)(6)(m)

Both manuals are

essentially the same.

Soil, Air and Water Issue IMP WSA Manual 6330 Implications

Monitoring

Devices

“Permanent snow gauges, air quality

monitoring instruments, water quantity

“Temporary and permanent monitoring

markers, instruments, meteorological

Unlike the IMP, Manual

6330 does not distinguish

45

and quality measuring instruments, and

hydrometeorologic devices may be

established if these are the minimum

necessary for determination of real or

potential threats to human health, safety,

or property and if they are substantially

unnoticeable. These permanent

placements must use miniaturized

equipment, be adequately camouflaged,

and not require maintenance access by

motor vehicle.

Temporary monitoring devices for the

same purposes may be installed, with the

above restrictions on use of motor

vehicles, if they satisfy the nonimpairment

criteria.”

devices, soil pits, snow gauges, and water

quantity and quality measuring

instruments may be established where

needed to monitor threats to human

health, safety, or property or to monitor a

WSA’s natural resources in order to

support restoration or prevent

impairment. Such devices will only be

allowed if they meet the non-impairment

standard or one of the exceptions.”

§1.6(D)(7)(b)

between temporary and

permanent monitoring

devices and holds both to a

“where needed” and the non-

impairment standard.

“Measures required for watershed

rehabilitation, including structures, will be

permitted only if they satisfy the

nonimpairment criteria. Land treatments

(e.g., trenching, ripping, pitting, terracing,

plowing) will not be permitted on lands

under wilderness review. Watershed

rehabilitation work required by

emergency conditions caused by fire,

flood, storms, biological phenomena, or

landslides may involve any treatments

needed but must be conducted to the

extent feasible in a manner that will not

impair wilderness suitability. For

example, the rehabilitation work will use

the methods least damaging to the

“Measures required for watershed

rehabilitation may be permitted if they

satisfy the non-impairment criteria or one

of the exceptions. Watershed

rehabilitation activities to address natural

successional processes that have been

disrupted by past human activity may be

allowed. Intervention will be limited to

what is necessary to allow the system to

return to a natural process and to what is

necessary to address situations where

stabilization through natural processes

would take longer than one growing

season and the impacted area would be

susceptible to significant soil loss during

that time or further ecological departure

Whereas the IMP established

a priority for emergency

rehabilitation work for

watersheds that included less

intrusive techniques, Manual

6330 discusses allowing

intervention only when

necessary to allow a system

to return to a natural process

and to stabilize areas to

return natural processes.

46

wilderness resource. Alternatives to

seeding must be carefully evaluated prior

to the decision to reclaim, if reclamation

is allowed. Reseeding and planting under

emergency conditions will utilize species

native to the area and will minimize cross-

country use of motorized equipment.

Seedings and plantings will be staggered

or irregular so as to avoid a straightline

plantation appearance.”

would occur. (See also section 1.6.D.8).

Approaches that do not restore natural

processes should not be approved.”

§1.6(D)(7)(c)

Clean Air

Act

“Under the Clean Air Act (as amended,

1977), all BLM-administered lands were

given Class II air quality classification,

which allows moderate deterioration

associated with moderate, well controlled

industrial and population growth. The

BLM will continue to manage WSAs as

Class II.

The Department of the Interior will not

recommend reclassification to the more

strict Class I in connection with future

wilderness recommendations resulting

from the BLM wilderness review. The

two processes are separate and distinct,

and are accomplished under two different

laws, FLPMA and the Clean Air Act.

Recommendations for wilderness

designation are made by the BLM through

the Secretary of the Interior and the

President to Congress. Air quality

reclassification is the prerogative of the

States, and it must follow a process

“FLPMA requires the BLM to protect the

quality of air and atmospheric values,

while managing the public lands according

to “multiple use” and “sustained yield”

principles. FLPMA also requires that the

BLM’s land use plans provide for

compliance with applicable air pollution

standards or implementation plans. Under

the Clean Air Act Prevention of Significant

Deterioration (PSD) program, most WSAs

are designated as “Class II” areas. This

allows moderate deterioration associated

with moderate, well-controlled industrial

and population growth. The BLM will

continue to manage WSAs consistent with

FLPMA and the Clean Air Act

requirements for Class II areas, unless an

area is redesignated as “Class I” (a

designation that requires greater

protection) by the appropriate State

through procedures under the Clean Air

Act.” §1.6(D)(7)(d)

Essentially the same except

Manual 6330 points out that

FLPMA requires BLM to

protect the quality of air and

to comply with applicable air

pollution standards.

47

mandated by the Clean Air Act

Amendments of 1977, involving a study

of health, environmental, economic,

social, and energy effects, a public

hearing, and a report to the Environmental

Protection Agency. The Department will

not recommend any change in air quality

classification as part of wilderness

recommendations.”

Vegetation Issue IMP WSA Manual 6330 Implications

Vegetation

Manipulation

Vegetative manipulation by chemical,

mechanical, or biological means will

not be permitted except: (1) plantings or

seedings established before October 21,

1976 may be maintained but not

expanded; (2) activities that qualify under

the manner and degree provision for

grandfathered grazing uses; and, (3)

control of noxious weeds and individual

exotic plants such as tamarisk when there

is no effective alternative and when

control of the noxious weed or exotic

plant is necessary to maintain the natural

ecological balances within a WSA or

portion of a WSA. Hand or aerial seeding

of native species may be done to restore

natural vegetation.

In all cases where vegetative manipulation

is proposed, the activity must conform to

“Whenever possible, natural processes

will be relied on to maintain native

vegetation and to influence natural

fluctuations in populations. Natural

disturbance processes, including fire,

insect outbreaks, and droughts, are

important functions of the ecosystem.

Manipulation of vegetation through

management-ignited fire, chemical

application, mechanical treatment, or

human controlled biological means is

allowed only where it meets the non-

impairment standard or one of the

exceptions. Exceptions that may pertain

to vegetative treatment include

emergencies, the protection or

enhancement of wilderness

characteristics, grandfathered uses, valid

existing rights, and actions taken to

recover a federally listed threatened,

Manual 6330 sets forth the

policy that natural processes

will generally be relied on to

maintain vegetation.

Unlike the IMP, Manual

6330 states that “Establishing

non-native plants is an

example of vegetation

management that may impair

and therefore may not be

permitted within a WSA.”

48

the policy guidance of Chapter II of this

manual and not adversely impact

wilderness values within any portion of

the WSA. (See Chapter II.B.4.c for

specific analysis requirements.)

In grandfathered grazing operations, if

vegetative manipulation had been done on

the allotment before October 21, 1976,

and its impacts were noticeable to the

average visitor on that date, the vegetative

treatment may be maintained by

reapplying the same treatment to the same

area. Otherwise, vegetative manipulation

may be used only for control of small

areas of exotic plants when there is no

effective alternative. Limited exceptions

are specified as follows:

--Noxious weeds may be controlled by

grubbing or with chemicals when they

threaten lands outside the WSA or are

spreading within the WSA, provided the

control can be effected without serious

adverse impacts on wilderness values.

--Prescribed burning may be used where

necessary to maintain fire-dependent

natural ecosystems.

--Reseeding may be done by hand or

aerial methods to restore natural

vegetation.

(There is also a provision for reseeding in

emergency reclamation projects,

described in

endangered, or candidate species.

Establishing non-native plants is an

example of vegetation management that

may impair and therefore may not be

permitted within a WSA.” §1.6(D)(8)(a)

49

Section 1, above.)

Emergencies Not specifically addressed. “As an exception to the non-impairment

standard, vegetative manipulation in

emergency situations may be allowed,

e.g. there is no effective alternative for

controlling insect and disease outbreaks

or fires that threaten lands outside of a

WSA. Reseeding or planting of native

species may be undertaken following fire

or other natural disaster if natural seed

sources are not adequate to compete with

non-native vegetation or substantial soil

loss is expected.” §1.6(D)(8)(b)(i)

Manual 6330 clarifies that

reseeding or planting native

species may be an emergency

exception if native seed

sources are not adequate to

compete with non-natives or

substantial soil loss is

expected.

Insect and

Disease

Control

“Trees may be cut when necessary for

insect and disease control or in

emergencies involving fire burning out of

prescription. The use of chemical means

to control disease or insects may be

permitted, if applied to individual trees or

areas up to five acres, or larger areas

under emergency conditions when there is

no effective alternative.”

“Native insect and disease control

activities on vegetation will be allowed

only to the extent that they meet the non-

impairment criteria or one of the

exceptions. When specific insects and

diseases are documented to be non-native

or introduced organisms, then it may be

reasonable to consider whether the

protection and enhancement of wilderness

characteristics exception to the non-

impairment standard applies.”

§1.6(D)(8)(b)(ii)

Manual 6330 applies the

non-impairment standard to

insect and disease control,

whereas the IMP had more

specific standards involving

emergency conditions.

Restoration Not specifically addressed. B. Where it meets the non-impairment

standard or one of the exceptions,

management action may be taken to restore

vegetation to characteristic conditions of

the ecological zone in which the area is

situated where:

Manual 6330 sets out criteria

for when restoration may be

appropriate as well as

management restrictions for

restoration actions.

50

I. natural successional processes have

been disrupted by past human activity,

to the extent that intervention is

necessary in order to return the

ecosystem to a condition where natural

process can function;

II. restoration through natural processes

would require lengthy periods of time

during which the impacted area would

receive unwanted human use or be

susceptible to significant soil loss

without intervention, or further

ecological departure would occur; or,

III. it is necessary to maintain fire-

dependent ecosystems when adjacent

land uses do not allow for natural fire

occurrence. (see section 1.6.D.2.c)

C. Manipulation should only occur when

restoration by natural forces is no longer

attainable, and only to restore or maintain

vegetative communities to the closest

approximation of the natural range of

conditions.

D. Restoration treatments should use the

least disruptive techniques that have the

best likelihood for success. Patient,

incremental treatments should be favored

over aggressive attempts to restore long-

term changes all at once, unless repeated

treatments would pose greater impairment

risk to wilderness characteristics.

E. Monitoring programs must be in place

prior to treatment and must be sufficient to

51

evaluate responses of key ecosystem

components and processes at multiple

scales.

F. Restoration projects are based on

landscape assessments that identify

historical range of variability, current

condition, restoration targets, and

cumulative effects of management. The

decision to manipulate an ecosystem must

be based upon clearly articulated, well-

supported management objectives and

available scientific information. At a

minimum, the EA or EIS for any proposed

manipulation of vegetation must address

the following:

A description based on historical and

scientific evidence of the natural

vegetative community and processes

that would have existed prior to the

effects of industrialized humans.

A description of the existing condition

and how it is a departure from the

natural vegetative community and

processes.

Evidence from existing

research/application that the proposed

treatment will bring about the desired

result.

An evaluation of the likelihood of the

natural system to be self-sustaining

after the treatment. Treatments should

allow for natural processes to resume.

Where this is not possible because of

conditions outside the WSA (e.g. a fire

52

regime influenced by adjacent private

land development), the contributing

conditions and factors must be

described. §1.6(D)(8)(b)(iii)

Collection

and Removal

of Vegetation

“Tree improvement (genetic selection and

pollination), seed collection (climbing and

squirrel cache), and pine nut gathering

may be permitted if these activities are

conducted in a non-impairing manner.”

Collection of seeds, nuts, berries, and

similar items for personal use may be

permitted, as may the collection of

firewood for recreational use while

recreating in the WSA as such uses are

generally not found to impair the area’s

suitability for preservation as wilderness.

Commercial or agency seed or plant

collection may be permitted in support of

restoration as described in section 8.b.iii,

above, or for other restoration or scientific

purposes as long as the non-impairment

standard or one of the exceptions is met.

Collection activities must be conducted in

a non-impairing manner. Forest product

removal, including building material,

fuelwood, Christmas trees, and boughs,

may not permitted as these activities are

generally found to impair, with the

exception of forest products resulting from

stewardship contracts for restoration

activities (1.6.D.8.b.ii.) in which vegetative

products become the property of the

contractor. §1.6(D)(8)(c)

Manual 6330 distinguishes

collection for personal and

commercial use and applies

the non-impairment standard

to both but also only allows

commercial collection for

restoration or scientific

purposes.

Manual 6330 prohibits forest

product removal, including

fuelwood, Christmas trees, and

building material with the

exception of forest products

resulting from restoration

stewardship contracts where

the product becomes the

property of the contractor.

Visual Resource Management Issue IMP WSA Manual 6330 Implications

VRM Class Not specifically addressed. “All WSAs should be managed

according to VRM Class I management

BLM Manual 6330 requires

BLM to manage WSAs for

53

objectives until such time as Congress

decides to designate the area as

wilderness or release it for other uses.”

§1.6(D)(9)

VRM Class I management.

Wild Horse and Burros Issue IMP WSA Manual 6330 Implications

General “Taking into account the fact that wild

horse and burro numbers fluctuate

dramatically within WSAs due to a

variety of factors, the Bureau must still

endeavor to make every effort not to

allow populations within WSAs to

degrade wilderness values, or vegetative

cover as it existed on the date of the

passage of FLPMA. Wild horse and burro

populations must be managed at

appropriate management levels as

determined by monitoring activities to

ensure a thriving natural ecological

balance.”

“Wild horse and burro herds are managed

in WSAs only within geographic areas

identified as having been used by a herd as

its habitat in 1971 as directed by the Wild

Free-Roaming Horse and Burro Act. Wild

horses and burros are managed to remain

in balance with the productive capacity of

the habitat; this includes managing herds

so as not to impair wilderness

characteristics. Wild horse and burro

populations must be managed at

appropriate management levels so as to not

exceed the productive capacity of the

habitat (as determined by available science

and monitoring activities), to ensure a

thriving natural ecological balance, and to

prevent impairment of wilderness

characteristics, watershed function, and

ecological processes. The BLM should

limit population growth or remove excess

animals as necessary to prevent the

impairment of the WSA.”

§1.6(D)(10)(a)

Manual 6330 sets out

additional criteria for

managing wild horses and

burros to prevent impairment

to wilderness characteristics,

watershed function and

ecological processes and for

removing population growth

or removing excess animals

as necessary to prevent

impairment.

Existing Wild

Horse and

Burro

“Wild horse and burro developments

existing within WSAs as of October 21,

1976, may continue to be utilized and

Existing wild horse and burro

developments within WSAs may

continue to be utilized and maintained.

Unlike the IMP, Manual

6330 does not discuss the

possibility of mitigating

54

Developments maintained. Although these developments

existed prior to the passage of FLPMA,

there may be opportunities for mitigating

their impacts on wilderness values. Motor

vehicles may not be used in the

maintenance of these developments

unless the development is on an existing

way or trail.”

§1.6(D)(10)(b) impacts of existing

developments or the use of

motor vehicles.

New

Facilities

“Helicopters and fixed wing aircraft may

be used for the installation of new

temporary facilities, for aerial surveys, for

law enforcement activities, and for the

gathering of wild horses and burros.”

Proposed new facilities and their

potential impacts must be evaluated in

conformance with NEPA (see section

1.6.E). If a portion of the Herd

Management Area (HMA) is outside the

WSA, any new development should be

placed there, where practicable.

i. Water developments. As surface

disturbing developments, new water

sources for wild horse or burro herds can

only be allowed where they meet one of

the exceptions to the non-impairment

standard. Water developments that are

incorporated into the protection of

springs or riparian areas (including water

developments created to replace water

lost elsewhere in the HMA) may be

permitted if they meet an exception to

the non-impairment standard.

ii. Fences. New fences may be allowed

where necessary to protect springs or

other water sources from impairment by

wild horses or burros. Such exclosure

fences must be visually minimized and

Unlike the IMP, Manual

6330 contains new

provisions for water

developments, fences and

traps.

55

large enough to avoid making native

animals susceptible to predation.

iii. Traps. Traps for the removal of

excess wild horses or burros must be

located outside of WSAs whenever

possible. When practical alternatives do

not exist, temporary traps may be located

within WSAs for the effective removal

of animals in excess of the appropriate

management level established for the herd

area. Traps must be situated to minimize

impacts to vegetation and soils. Vehicles

necessary for set-up and take-down of

traps and for transporting excess wild

horses and burros away from the area may

be driven off of existing primitive routes or

boundary roads on a route specified

through the NEPA analysis. At the

completion of the gather, all facilities must

be removed, the route used for trap access

closed to motor vehicles until it is restored

to the original condition, and any new

access route and trap area rehabilitated so

that the route is no longer visible to

subsequent motor vehicle operators.

iv. Motor vehicles and aircraft. Except as

authorized for establishing a trap in b.iii,

above, motor vehicles may not drive off

open primitive routes and roads if doing so

does not meet one of the exceptions to the

non-impairment standard. Helicopters and

fixed wing aircraft may be used for aerial

surveys and for the gathering of wild

horses and burros. §1.6(D)(10)(c)

56

Wildlife Issue IMP WSA Manual 6330 Implications

Coordination

Between

BLM and

State

Agencies

“The BLM will continue to cooperate

with State wildlife agencies in the

management of resident wildlife species

in accordance with established policies

and procedures.

Hunting, fishing, and trapping are

permitted on lands under wilderness

review, under State regulations.

State and Federal agencies may use

temporary enclosures and installations to

trap or transplant wildlife as long as the

nonimpairment criteria are met.”

“The BLM should seek to establish

MOUs with the relevant state wildlife

agencies to identify any state-specific

management activities, policies, and/or

procedures that may involve WSAs and

to determine under what conditions State

fish and wildlife activities will be

conducted in WSAs. Such MOUs, as

well as fish and wildlife management

actions undertaken by the BLM and not

involving the State agency, will include

the provisions described in the following

sub-sections. For all actions, the BLM

will ensure that the non-impairment

criteria are met, or that one of the

exceptions to non-impairment applies.

(See section 1.6.C of this manual.) It is

the expectation that the BLM will work

closely with the state agency in

consideration of all project proposals

involving WSAs. When a project is

under consideration BLM will conduct a

non-impairment analysis and assist state agencies in designing the project to

conform with the non-impairment

standard. Projects will be subject to NEPA

analysis as appropriate.

States regulate where and when the

activities of hunting, fishing, and trapping

Manual 6330 clarifies the

roles of BLM and state

agencies in managing

wildlife in WSAs and

encourages MOUs between

agencies.

57

take place in WSAs. Hunting, fishing, and

trapping are normally unaffected by WSA

designation. The BLM is responsible for

managing the habitat upon which these fish

and wildlife are dependent. In WSAs, the

BLM has an additional responsibility to

assure that management techniques and

tools do not cause impairment to

wilderness characteristics and that fish and

wildlife management activities emphasize

the continuation of natural processes to the

greatest extent possible.” §1.6(D)(11)(a)

Permanent

Structures and

Installations

Certain permanent installations may be

permitted to maintain or improve

conditions for wildlife and fish, if the

benefitting native species enhance

wilderness values. Enhancing wilderness

values in this context means that a natural

distribution, number, and interaction of

indigenous species will be sought; natural

processes will be allowed to occur as

much as possible; and, wildlife species

should be allowed to maintain a natural

balance with their habitat and with each

other.

If healthy, viable, self-sustaining

populations of native species presently

exist within the WSA, then a natural

distribution, number, and interaction has

already been achieved. It is not

permissible, therefore, to artificially

manipulate natural processes to increase

the population of a native species beyond

Permanent facilities used in wildlife

management include guzzlers, water tanks,

and exclosure fences. These structures or

installations are considered either

"existing" or "new."

i. Existing permanent structures and

installations are those that were present on

October 21, 1976 (or prior to the

designation date for Section 202 WSAs not

reported to Congress). Existing wildlife

facilities will be permitted to remain while

the area is under wilderness review, and

may be maintained as long as the

maintenance conforms to the non-

impairment standard.

ii. New permanent structures and

installations include not only proposed

facilities, but those that were built after the

dates described in c.i, immediately above.

New facilities are normally not permitted

in WSAs under the non-impairment

criteria, but may be allowed to be

Unlike the IMP, Manual

6330 distinguishes between

existing and new permanent

structures. Manual 6330

clarifies the criteria for

establishing new structures

for wildlife in WSAs, such as

guzzlers.

58

a natural balance with the habitat within a

WSA. While the existence of a native

species may enhance wilderness values, it

is not the intent of the IMP to "optimize"

population numbers or reach "carrying

capacities" that rely on artificial

installations for subsistence.

Permanent installations to protect sources

of water on which native wildlife depend,

such as exclosures and protective fencing,

may be built if they enhance wilderness

values, are substantially unnoticeable, and

cannot be located outside the WSA

boundary. Permanent riparian, wetland,

and aquatic enhancement installations

may be permitted as long as their purpose

is to enhance wilderness values, protect or

maintain natural conditions, and restore

deteriorated habitat. These installations

must also be substantially unnoticeable.

a. Guzzlers may be maintained, and new

ones may be installed if they enhance

wilderness values, are substantially

unnoticeable, would not require

maintenance involving motor vehicles,

and all alternative locations outside the

WSA have been ruled out. Guzzlers may

be constructed under either of the

following circumstances:

(1) A historic native species does not

presently exist, but the historic record

indicates the WSA was once the

constructed (or remain) if the facility meets

an exception to the non-impairment

criteria.

For example, facilities that clearly protect

or enhance wilderness characteristics by

supporting a natural distribution, number,

and interaction of native species within the

WSA may be allowed. Permanent wildlife

facilities that meet this exception should be

limited to:

A. Structures or installations built for the

benefit of threatened, endangered, or

candidate species if they are

determined essential to species conservation and recovery; or

B. Structures or facilities built to restore

or compensate for habitat that was lost

or deteriorated from modern human

influence.

iii. Except where meeting these

requirements would jeopardize the

recovery of a threatened, endangered, or

candidate species, in addition to meeting

either ii.A or ii.B. immediately above (i.e.

meeting an exception to the non-

impairment standard), wildlife-related

permanent facilities that may be allowed

by the BLM must:

A. be necessary because a determination

has been made that alternative sites

outside the WSA or nonstructural

alternatives will not adequately protect

59

natural range of the native species and

historic perennial water sources inside

the WSA have been lost or are not

available to the native species.

(2) An historic native species exists

within the WSA but the native species

is unable to sustain a natural

distribution, number and interaction

through natural processes or to

maintain a natural balance with its

habitat due to the loss of historic

perennial water sources.

b. In the first circumstance above,

evidence and documentation must be

provided that confirm the WSA was once

the natural range of the native species.

Documentation must also be provided

identifying the number and locations of

historic perennial water sources within the

WSA and the reasons these historic

perennial water sources have been lost or

are not available to the native species.

Restoration of historic perennial water

sources is a more desirable alternative

than the construction of guzzlers for the

benefit of historic native species.

c. If it cannot be substantiated that the

WSA was once the natural range of the

native species, the guzzler project must be

denied. If there are no existing perennial

sources of water found within the WSA

and evidence of historic perennial water

or enhance wilderness characteristics,

B. be substantially unnoticeable,

C. not have a permanent negative impact

on habitat in the WSA,

D. not create a cumulative negative

impact to the vicinity's natural

appearance through its proximity to

other pre-existing facilities in the

WSA, and

E. not require regular vehicle use for

access and/or maintenance (the

authorizing document must describe

how the project will be maintained and

monitored without regular vehicle

access; existing primitive routes may

be used for access in WSAs as long as

such use is consistent with the non-

impairment standard and the applicable

travel management plan).

iv. Unless the primary benefitting species

is threatened, endangered, or a candidate

for listing, the BLM generally will deny

any wildlife water project for which

evidence of the loss of historic natural

water sources cannot be produced.

At a minimum, the EA or EIS for any

proposed new guzzler or other water

capture and delivery structure or

installation must address the following:

the number and locations of historic

natural water sources within the WSA,

60

sources cannot be produced, the guzzler

project must be denied.

d. In the second circumstance above,

evidence and documentation must be

presented that an historic native species

within the WSA is unable to sustain a

natural distribution, number and

interaction through natural processes or to

maintain a natural balance with its habitat

due to the loss of historic perennial water

sources.

the reasons these historic natural water

sources have been lost or are not

available to the native species,

why the native species within the WSA

are unable to sustain a natural

distribution, number, and interaction

through natural processes or to

maintain a natural balance with their

habitat due to the loss of historic

natural water sources, and

why the construction of guzzlers is a

more desirable alternative than

restoration of historic natural water

sources. §1.6(D)(11)(c)

Stocking,

Gathering,

and

Transplanting

Fish &

Wildlife

“Stocking of wildlife and fish species

native to North America may be permitted

within the former historical range of the

species.”

“Introduction of threatened, endangered,

or other special status species native to

North America may be allowed. Such

introductions will be limited to the

historical range of the species unless

introduction is needed to prevent

extinction or is essential for recovery. In

rare instances, permanent enclosures and

related installations may be built for the

benefit of threatened, endangered, or

special status species if they contribute to

a visitor's wilderness experience and if

alternative sites outside the WSA cannot

be located for such construction.”

i. If the species in question is federally

listed as threatened or endangered, the

authority for these actions rests with the

U.S. Fish and Wildlife Service or the

National Oceanic and Atmospheric

Administration National Marine Fisheries

Service and with the States. For non-listed

species, these activities typically are

carried out by the State fish and wildlife

management agencies, which are generally

responsible for determining the type,

number, and distribution of wildlife

involved in these practices. The BLM is

responsible for analyzing activities that

could degrade wilderness characteristics to

determine whether or not they would

satisfy the non-impairment criteria. Close

communication and coordination between

the BLM and State fish and wildlife

management agencies is required on all

Manual 6330 clarifies the

roles of various agencies

regarding listed and non-

listed species.

Both manuals are similar for

stocking, although Manual

6330 adds the purpose of

stocking.

Unlike the IMP, Manual

6330 address gathering

species and applies the non-

impairment standard.

Unlike the IMP, Manual

6330 prohibits the

introduction of non-native

species with a narrow

61

issues regarding stocking, gathering, and

transplanting fish and wildlife.

ii. Stocking of native fish species may be

permitted within the former historical

range of the species. Where non-native

species were being stocked before October

21, 1976 (or prior to the designation date

for Section 202 WSAs not reported to

Congress) such stocking may continue.

The purpose of stocking is to reestablish or

maintain a native species (or non-native

species introduced prior to 1976, or prior to

the designation date for Section 202 WSAs

not reported to Congress) adversely affected by human influence.

iii. Gathering native species (not federally

listed as threatened or endangered) for

relocation may be permitted as long as the

non-impairment criteria are met and the

gather would not create risk that the

species could go into decline. This includes

the use of temporary enclosures used in the

gather. The BLM is responsible for the

analysis and approval of any proposed

surface disturbing activities or construction

of structures or facilities associated with the gather.

iv. For a gather of federally listed

threatened or endangered species, the non-

impairment criteria may be waived under

the requirements of the Endangered Species Act.

exception for listed species

where benefits outweigh the

harm.

62

v. Transplanting will be limited to the

historical range of the species unless

introduction is needed to prevent extinction

or is essential for recovery. The historical

range of the species is determined based on

best available information in coordination

with the State wildlife management

agency. The non-impairment analysis (see

section 1.6.E of this manual) should

consider effects on naturalness, including

the effects on habitat and native species in the WSA.

vi. State and Federal agencies may use

temporary enclosures and installations to

transplant wildlife as long as the non-

impairment criteria are met. The BLM is

responsible for the analysis and approval of

any proposed associated surface disturbing

activities or structure or facility

construction. In rare instances, permanent

enclosures and related installations may be

built for the benefit of threatened,

endangered, or candidate species if

alternative sites outside the WSA cannot be

located for such construction. (See also D.11.c.)

vii. The BLM will prohibit, to extent

practicable and permitted by Federal law,

the introduction of any non-native species

into WSAs. Exceptions to this may be

made for threatened or endangered species

or the rare circumstances where the BLM

determines that the benefits from an

63

introduction of a non-native species clearly

outweigh the potential harm--for example,

biological controls to eradicate non-native

plants. To the extent practicable and

permitted by Federal law, the BLM will

prevent non-native species introduced

elsewhere from becoming established in

WSAs. As noted above, it is important for

the BLM to coordinate and communicate

with the State fish and wildlife agency on

the prevention of non-native species

introduction. §1.6(D)(11)(e)

Removal of

Non-native

Species

“Where exotics were being stocked before

October 21, 1976, the stocking may

continue. Exotics stocked after October

21, 1976 should be eliminated.”

“Except for those species stocked prior to

October 21, 1976 (or prior to the

designation date for Section 202 WSAs not

reported to Congress), the BLM will

remove, to the extent practicable and

permitted by Federal law, any non-native

fish or wildlife species from WSAs, unless

the BLM finds removal of the non-native

species would impair the WSA and its

native species—for example, non-native

vegetation providing critical habitat to a

threatened or endangered species. It is

recognized that some non-native plant or

animal species are so well-established as to

make eradication not feasible.”

§1.6(D)(11)(f)

The IMP established a

general policy of eliminating

non-native species from

WSAs. Manual 6330

qualifies this by stating that

BLM should remove non-

natives “to the extent

practicable” and unless BLM

finds removal would impair

the WSA and its native

species.

Predator or

Other

Wildlife

Damage

Control.

“Animal damage control activities may be

permitted as long as the activity is

directed at a single offending animal, it

will not diminish wilderness values of the

WSA, and it will not jeopardize the

i. Agency action—which will be

coordinated with the U.S. Department of

Agriculture’s Animal and Plant Health

Inspection Service-Wildlife Services—to

control predators (or other native wildlife)

in WSAs should be undertaken only:

Manual 6330 sets out

additional criteria for

predator control.

Unlike the IMP, Manual

64

continued presence of other animals of the

same species or any other species in the

area. Shooting of animals from aircraft

may be allowed, only where specifically

authorized by provisions of State law and

upon the approval of the BLM State

Director.”

A. to prevent transmission of diseases or

parasites affecting human health or safety;

B. to prevent transmission of diseases or parasites affecting other native wildlife;

C. to protect domestic livestock within the WSA; or

D. to enhance recovery of federally listed

threatened or endangered species.

These actions may be taken by the U.S.

Department of Agriculture’s Animal and

Plant Health Inspection Service-Wildlife

Services, the BLM, or delegated to a State

agency. See BLM Manual 6830—Animal

Damage Control.

ii. Predator control activities must be

directed at the specific offending animal or

group of animals. Such activities should be

carried out so as to minimize impacts to the

wilderness characteristics of the WSA

(including the natural interaction of native species).

iii. Nonnative, domestic, and feral animals

maybe killed, hunted, or otherwise

controlled by Federal and State agencies to protect wilderness character.

iv. Acceptable control measures include

lethal and nonlethal methods. Criteria for

choosing a particular method include need,

6330 sets out a new standard

for nonnative, domestic, and

feral animals to be killed,

hunted, or otherwise

controlled by Federal and

State agencies to protect

wilderness character.

Unlike the IMP, Manual

6330 does not specifically

address shooting animals

from aircraft and states that

BLM must “use only the

minimum amount of control

necessary to solve the

problem.”

65

location, environmental conditions, the

preservation of wilderness characteristics,

and applicable Federal and State laws. Use

only the minimum amount of control

necessary to solve the problem.

§1.6(D)(11)(g)

Insect and

Disease

Control

Not specifically address for wildlife

management.

Native insect and disease control activities

will be allowed only to the extent that they

meet the non-impairment criteria or one of

the exceptions. When specific insects and

diseases are documented to be non-native

or introduced organisms, then it may be

reasonable to consider whether the

protection and enhancement of wilderness

characteristics exception to the non-

impairment standard applies.

§1.6(D)(11)(h)

Unlike the IMP, Manual

6330 provides that BLM will

allow native insect and

disease control if they meet

the non-impairment criteria.

If non-native insects or

disease exist, BLM may

examine whether the

enhancement of WC

exception applies.