[Federal Register Volume 61, Number 154 (Thursday, August 8, 1996)]
[Notices]
[Page 41424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20208]


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DEPARTMENT OF THE INTERIOR

Devils Tower National Monument, Wyoming

AGENCY: National Park Service, Interior.
ACTION: Notice--reconsideration of a portion of the Devils Tower 
Climbing Management Plan.

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SUMMARY: The National Park Service (NPS) has decided to reconsider 
certain portions of the Climbing Management Plan for Devils Tower 
National Monument which address climbing limitations based on concerns 
about Indian religious and cultural values.

DATES: Written comments will be accepted through September 23, 1996.

ADDRESSES: Comments should be addressed to: Superintendent, Devils 
Tower National Monument, P.O. Box 10, Devils Tower, Wyoming 82714-0010.

FOR FURTHER INFORMATION CONTACT: Deborah O. Liggett, Superintendent, 
Devils Tower National Monument. Telephone 307-467-5283.

SUPPLEMENTARY INFORMATION:

Background

    In March 1995, the NPS adopted a Final Climbing Management Plan 
(Plan) for Devils Tower National Monument. In general, the Plan states 
that Devils Tower will be managed primarily as a crack climbing site 
and that climbing will be managed taking into account the religious and 
cultural significance of Devils Tower as a site sacred to some Native 
Americans.
    To this end, the Plan calls for technical rock climbers to 
voluntarily refrain from climbing Devils Tower during the culturally 
significant month of June. In addition, the Plan states that commercial 
use licenses for climbing will not allow commercially guided climbing 
during June (starting in 1996).
    On May 24, 1996, Executive Order 13007 was issued by the President. 
It generally states that federal agencies with land management 
responsibilities, to the extent practicable, permitted by law, and not 
clearly inconsistent with essential agency functions, are to 
accommodate access to and ceremonial use of Indian sacred sites by 
Indian religious practitioners and to avoid adversely affecting the 
physical integrity of sacred sites. The Executive Order supplements the 
protection afforded by the Religious Freedom Restoration Act of 1993 
and the American Indian Religious Freedom Act Amendments of 1994.
    On June 8, 1996, the United States District Court for the District 
of Wyoming issued a preliminary order in Bear Lodge Multiple Use 
Association v. Babbitt, C.A. No. 96-CV-0063D. The court's order 
enjoined the NPS from restricting commercial guide climbing activities 
during the month of June pending a final decision of the court. The 
order upheld the Plan's voluntary program to encourage climbers not to 
climb in the month of June.
    In light of these circumstances, NPS has decided to reconsider 
those portions of the Plan which address climbing limitations based on 
concerns about Indian religious and cultural values. Pending the 
outcome of this reconsideration and in accordance with the court's 
order, the NPS will not enforce the Plan's requirements regarding 
commercial guide climbing in the month of June. Except with respect to 
commercial guide activities in the month of June, the Plan remains in 
full force and effect.
    Through this notice, the public is asked to comment on the Plan's 
climbing limitations based on concerns about Indian religious and 
cultural values. Particularly, the public is asked to comment on 
appropriate means for the NPS at Devils Tower to comply with the 
President's Executive Order regarding Indian Sacred sites. NPS, upon 
consideration of all public comments received, will determine whether 
to continue the Plan or to modify it with respect to climbing 
limitations based on concerns about Indian religious and cultural 
values. It is expected that this reconsideration will be completed by 
December 1, 1996.
    Copies of the Plan, the court's order and Executive Order 13007 
will be made available upon request from Devils Tower National 
Monument.

    Dated: August 2, 1996.
Chris Andress,
Chief, Division of Ranger Activities, National Park Service.
[FR Doc. 96-20208 Filed 8-7-96; 8:45 am]
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