BLM Public Lands Rule: The critical need for conservation to be a land use
BLM plays a major role in the management and enhancement of the Wild & Scenic Rivers Act and ensures that these iconic and ecologically critical river segments continue to serve their ecological roles and provide opportunities for recreation and appreciation for generations to come. Photo credit: IRU staff
In late March of 2023, the Bureau of Land Management (BLM) announced a proposed Public Lands Rule calling for healthy landscapes, abundant wildlife habitat, and clean water protections. The purpose of the proposed rule is to uphold the multiple-use and sustained yield mission by putting conservation on “equal footing” with other land uses under the Federal Land Policy and Management Act of 1976 (FLPMA).
Public lands are facing a time of significant degradation from anthropogenic activities, especially from the extractive industry, and climate change. It is imperative that there are more policies in place to protect the values and the resources that these lands possess.
IRU is appreciative and supports the BLM’s draft rule that will implement the Bureau’s authority to conserve intact lands and waters; improve the resilience of public lands in the face of extreme events such as droughts, wildfires, and floods; and protect freshwater resources on America’s public lands. However, while the rule is a step in the right direction, there are a few aspects that can be improved upon to strengthen the rule and ensure adequate conservation efforts.
One of the targets proposed by the BLM is to promote ecosystem resilience. Under the proposed rule, the BLM defines resilient ecosystems as:
“...ecosystems that have the capacity to maintain and regain their fundamental structure, processes, and function when altered by environmental stressors such as drought, wildfire, nonnative invasive species, insects, and other disturbances.”
IRU believes it is necessary for the BLM to identify known environmental stressors such as climate change, invasive species, wildfires, and known stressors from permitted activities such as logging, grazing, recreation, road building, mining, and drilling. These stressors are highly influential to the ecosystem and must be addressed when discussing the ecosystem’s ability to maintain functionality, and the ability of the agency to protect certain public lands in their natural condition. Identifying stressors can lead to more efficient plans for conservation.
The draft rule proposal recognizes that public lands are increasingly degraded and fragmented from the harmful impacts of climate change and the increase in authorized use. As climate change continues to be a growing threat to the state, and health, of public lands, the category of conservation for land use needs to include language on climate resilience, specifically addressing how the rule will target mitigation of greenhouse gas emissions.
Additionally, the BLM plays a major role in the management and enhancement of the Wild & Scenic Rivers Act and ensures that these iconic and ecologically critical river segments continue to serve their ecological roles and provide opportunities for recreation and appreciation for generations to come.
The purpose of this proposed rule is stated to “protect intact landscapes, restore degraded habitat, and make wise management decisions based on science and data.” In regard to river ecosystems and habitat, there are few policies available to permanently protect and enhance the rivers of the United States that are as strong as the Wild & Scenic Rivers Act.
As part of the Public Lands Rule, we believe that the BLM should conduct a complete inventory of all rivers that are eligible and suitable for Wild & Scenic River designation. The proposed rule should work in conjunction with the BLM’s duties under the Wild & Scenic Rivers Act to establish new eligible Wild & Scenic Rivers through land management planning, provide protective management requirements for eligible Wild & Scenic Rivers, and clarify BLM’s limited role in conducting suitability determinations.
IRU finds it necessary for the BLM to recognize opportunities for Tribal cultural site protection. Co-stewardship should continue to be explored by consulting with Tribes to further develop the regulatory language and ensure it fully advances opportunities for co-stewardship, incorporation of traditional Indigenous knowledge, respect for Tribal sovereignty and treaty rights, and the protection of Tribal cultural sites.
Some are either concerned or hopeful that conservation will overrun other uses such as mining, livestock grazing, and timber harvesting. However, it should be noted that the BLM’s proposed rule does not change the multiple-use mission. All of the other land uses will continue and the proposal will not undermine any existing valid rights. It also will not stop development on public lands, but rather work to facilitate responsible development.
