Re: [DrThrill] New administration plans to plunder Moab area BLM lands
DrThrill wrote:
Tom, unless there has been a rule change in the last 7 years I am quite sure that base jumping is not illegal in NF or BLM wilderness land.
I think there may have been, then. I know that I spoke with both NPS and BLM rangers who told me that the wilderness regulations were the same on NPS or BLM land, and that "mechanized transport" (which, oddly includes both parachutes and mountain bikes) was illegal in designated wilderness no matter if it was NPS or BLM.
Edit:
Here is the BLM's press release, on their web site, from the 1996 rules revision, which states in part:
In reply to:
The proposed rule would make it clear that sailboats, sailboards,
parachutes, game carriers, carts, wagons, and similar devices are considered to be "mechanical transports." The proposal would also define "motorized equipment" as including chain saws, power drills, and motor vehicles.
The Wilderness Act of 1964 prohibits the use of mechanical transports and motorized equipment in Wilderness Areas. (emphasis mine -TA)
Designated Wilderness Areas are administered under the Wilderness Act of 1964, regardless of which agency is the actual land manager. "Wilderness" is a federal designation that cuts across departmental boundaries, binding the various agencies with lands in their care to a "minimum" standard on those areas (and that "minimum" excludes parachuting activities).
The text of the Wilderness Act can be found
here. The relevant portion is the "Prohibition of Certain Uses" section. The argument to be made is that parachutes are not a "form of mechanical transport" but at the moment they are in that category.
Here is a list of the regulations which apply to BLM lands (it's a BLM document off the BLM website). At the bottom of page III-8 you can find the listing for the Wilderness Act of 1964.