Service Animal Use by Persons with Disabilities
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240
http://www.blm.gov/
November 22, 2013
In Reply Refer To:
8360 (WO-250/720) P
EMS TRANSMISSION 12/02/2014
Information Bulletin 2014-016
To: All Washington Office and Field Office Officials
From: Assistant Director, Resources and Planning
Subject: Service Animal Use by Persons with Disabilities
This Information Bulletin is to provide clarification and information to ensure bureau-wide consistency on the use of service animals by persons with disabilities who access Bureau of Land Management (BLM) facilities, public lands and waters.
The United States Department of Justice (DOJ) changed the Americans with Disabilities Act (ADA) definition of a service animal effective March 2011. The ADA applies to State, local governments and public entities, such as lodging, restaurants, hospitals and places of entertainment. The ADA does not apply to the Federal Government, except for a Miscellaneous Provision, for wheelchairs within Wilderness Areas. When the new service animal definition became effective it did not apply to the Department of the Interior (DOI) or other Federal agencies, which has caused some confusion by field offices.
For consistency within the BLM and with the ADA, the BLM will use the definition of service animal found in the DOJ 28 CFR Part 35.104 for State and Local Government and 28 CFR Part 36.104 for Private and Commercial Facilities.
The DOJ defines a service animal as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by a service animal must be directly related to the individual’s disability.
The DOJ also allows miniature horses to be designated as service animals if they have been trained to do work or perform tasks for people with disabilities.
Attachment 1 provides frequently asked questions and answers.
The DOI Office of Civil Rights and the BLM Washington Office of Civil Rights have recommended the BLM and other DOI agencies should use the new definition for service animals as defined by the DOJ.
For more information about service animal use at BLM facilities, lands and waters, please contact either Tina McDonald, Division of Recreation and Visitor Services (WO-250) by telephone at: 202-912-7251, or by email at: tmcdonal@blm.gov, or Gina Edelen, Division of Civil Rights (WO-720) by telephone at: 202-912-7488, or by email at: gedlen@blm.gov.
Signed by: Authenticated by:
Edwin L. Roberson Robert M. Williams
Assistant Director Division of IRM Governance,WO-860
Renewable Resources and Planning
1 Attachment