National Forest BASE

[cresTfall 0]

Just wondering if the aerial delivery laws apply to national forests the same as national parks? I couldn't produce anything with a simple search. Anyone know any details?

Premier Member IGPA
2009 IGPA Overall Champion

WWTAD

[lifewithoutanet 0]

NPS land is governed by the Dept of the Interior. The Forest Service is actually part of the Dept of Agriculture (USDA). As such, I don't think you'd be at risk for aerial delivery because that's traditionally been exercised only by the NPS Management Policy.
-C.

[TomAiello 26]

BASE is allowed on National Forest land.

To the best of my knowledge, BASE is allowed on pretty much all federal lands (BLM, National Forest, etc) outside of the National Park system.

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[Tenshi 0]

Anybody ever jump a tree?

[TomAiello 26]

Quote

Anybody ever jump a tree?

Yes. It's on the ABA 2004 video (I think it's 2004). Look in the Rob Fry section.

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[leroydb 0]

there is "one tree" I mentioned in this forum before I started BASE that is in northern Cali I would like to jump. somthing like 350 ft if i remember correctly

Leroy


..I knew I was an unwanted baby when I saw my bath toys were a toaster and a radio...

[base311 0]

Quote

BASE is allowed on National Forest land.

To the best of my knowledge, BASE is allowed on pretty much all federal lands (BLM, National Forest, etc) outside of the National Park system.

This statement is true as long as the public lands are not designated as "Wilderness Area" or the USACE-controlled "Falls of the Ohio National Wildlife Conservation Area, Kentucky and Indiana" or the "Presidio Trust" or the "Padre Island National Seashore" (towing a parachute).

Generally Tom's statement is true... but mind you: You pretty much can't do anything (bike, drive, carry a compass, radio, fart, etc.) in 'Wilderness Areas' a.k.a. 'WAs' And that goes for any lands officially designated as 'wilderness', regardless of the public lands management agency that has oversight of said wilderness, be it NPS, BLM, USFWS, USFS, Reclamation, USACE, Bureau of Mines, Minerals Management Service, blah blah blah... you get the point.

Just a few references, to wit:

36CFR327.4
36CFR331.14
36CFR1002.17
43CFR6302.20

[TomAiello 26]

Quote

You pretty much can't do anything (bike, drive, carry a compass, radio, fart, etc.) in 'Wilderness Areas'...

Climb?

-- Tom Aiello

Tom@SnakeRiverBASE.com
SnakeRiverBASE.com

[base311 0]

Quote

Quote

You pretty much can't do anything (bike, drive, carry a compass, radio, fart, etc.) in 'Wilderness Areas'...

Climb?

Yes, I'd say you can likely climb. I doubt you could fix bolts without drawing the ire of the area manager and the climbing community. But much of this is probably open to debate and is going to be so specific to location that it really doesn't do much good to try to debate it here.

Perhaps this (copied straight from Congressional Research Service report #94-976 ENR) gives a better idea what we're dealing with when we're talking about 'wilderness':

"WHAT IS WILDERNESS?
The Wilderness Act defines wilderness as an area of generally undisturbed Federal land. Specifically, section 2(c) states:

A wilderness, in contrast with those areas where man and his works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. An area of wilderness is further defined to mean . . . an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to preserve its natural conditions and which (1) generally appears to have been affected primarily by the forces of nature, with the imprint of man's work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) has at least five thousand acres of land or is of sufficient size as to make practicable its preservation and use in an unimpaired condition; and (4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value.

This definition provides some general guidelines for determining which areas should, or should not, be designated wilderness, but there are no specific criteria in the law. The phrases "untrammeled by man," "retaining its primeval character," and "man's work substantially unnoticeable" are far from precise. Even the numerical standard -- 5,000 acres -- is not absolute; smaller areas can be designated, if they can be protected, and the smallest wilderness area -- Wisconsin Islands in the Green Bay National Wildlife Refuge -- is only 2 acres.

One reason for the imprecise criteria for wilderness is differing perceptions of what constitutes "wilderness." To some, a "wilderness" is an area where there is absolutely no sign of human presence: no traffic can be heard (including aircraft); no roads, structures, or litter can be seen. To others, sleeping in a van or camper in a 400-site campground in Yellowstone National Park is a "wilderness experience." Complicating these differing perceptions is the wide-ranging ability to "get away from it all" in various areas; in a densely wooded area, "getting away" might be measured in yards, while in mountainous or desert terrain, human developments can be seen for miles.

In an attempt to accommodate these contrasting views of wilderness, the Wilderness Act provided certain exemptions and delayed implementation of restrictions for wilderness areas, as will be discussed below. At times, Congress has also responded to the conflicting demands of various interest groups by allowing additional exemptions for certain uses (especially for existing activities) in particular wilderness designations. Ultimately, "wilderness areas" are whatever Congress designates as wilderness, regardless of developments or activities which some would argue conflict with the definition of wilderness.

PROHIBITED AND PERMITTED USES
In general, the Wilderness Act prohibits commercial activities, motorized access, and roads, structures, and facilities in wilderness areas. Specifically, section 4(c) states:

Except as specifically provided for in this Act, and subject to existing private rights, there shall be no commercial enterprise and no permanent road within any wilderness area designated by this Act and, except as necessary to meet minimum requirements for the administration of the area for the purpose of this Act (including measures required in emergencies involving the health and safety of persons within the area), there shall be no temporary road, no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of mechanical transport, and no structure or installation within any such area.

This section prohibits most commercial resource exploitation (such as timber harvesting) and motorized entry (via cars, trucks, ORVs, aircraft, or motorboats) except in emergencies. However, section 4(d) provides numerous exceptions, including: (a) possible continued use of motorboats and aircraft; (b) fire, insect, and disease control measures; (c) mineral prospecting conducted "in a manner compatible with the preservation of the wilderness environment;" (d) water project developments; (e) continued livestock grazing; and (f) commercial recreation activities.

In addition to these exemptions, the Wilderness Act extended the mining and mineral leasing laws for wilderness areas in national forests for 20 years, through 1983.(9) New mining claims and mineral leases were permitted for many wilderness areas, and exploration and development were authorized "subject, however, to such reasonable regulations governing ingress and egress as may be prescribed by the Secretary of Agriculture." Despite this authority, no permits for on-site exploration were considered until James Watt became Secretary of the Interior in 1981.(10) Litigation halted a drilling application in Montana that year, and Congress enacted a moratorium on wilderness area leasing and exploration in the Interior Department appropriations laws for FY1983 and FY1984. However, mineral rights existing on or before December 31, 1983 (or before the area was designated), remain valid, and can be developed if the right-holder chooses, under "reasonable regulations" determined by the Secretary of Agriculture, and some mineral exploration has occurred in designated wilderness areas under such regulations.(11)

The Wilderness Act also directs that the Act not alter existing Federal-State relationships with respect to State water laws or State fish and wildlife responsibilities. Specifically, section 4(d) (as codified at 16 U.S.C. 1133) states:

(7) Nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws.

(8) Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the several States with respect to wildlife and fish in the national forests.

However, the extent and nature of Federal water rights that might arise from wilderness designations continues to be an important issue for Congress.(12)"

There's a huge amount of useful (and useless) information in the following CRS Reports

94-976
98-848

-gardner