The Bureau of Land Management (BLM) proposed a Conservation and Landscape Health Rule in April 2023 that would allow “conservation lease” proposals to compete for federal lands alongside other lease uses such as water, grazing and drilling.
The proposed Rule claims that the FLPMA (Federal Land Planning Management Act) gives “conservation” equal status under “multiple use” and “sustained yield”. It defines conservation as “protection and restoration”, and allows conservation leases for protection, restoration, and “land enhancement” activities.
While the proposal says conservation will not be prioritized above other uses, it also says it will “give priority to the designation and protection of Areas of Critical Environmental Concern (ACECs)”, and would modify the criteria for designating areas as ACECs. The conservation leases would also “promote both protection and restoration on the public lands”.
The Rule also plans to allow “compensatory mitigation” projects through these leases, using federal lands for conservation projects to atone for land uses (a “permit, right-of-way grant, lease, or other land use authorization”, i.e. renewable energy project) elsewhere on those federal lands. These leases “would not override valid existing rights or preclude other, subsequent authorizations so long as those subsequent authorizations are compatible with the conservation use.” So, once “conserved”, always “conserved”?
Unfortunately, the AFA was not aware of this proposed Rule until after the comment period had closed (we are now watching vigilantly!). However, one of our partner organizations, American Stewards of Liberty, did submit comprehensive comments calling in question the legal authority of the BLM to make the proposed changes. It also calls out the BLM on attempting to “improperly modify the statutory definition of “sustained yield” to incorporate “ecosystem resilience”, an entirely new concept.
There is nothing good for our forests or our communities in this proposed Rule. They are attempting to eliminate timber and resources production through policy changes, which is in conflict with the statutory purposes of a high volume of sustained yield of timber and resources for our nation, and economic benefit for communities.
Over 216,000 comments were received on the proposed Rule. The BLM is considering those comments and making changes. The final Rule is expected to be published in late winter 2024. Stay tuned!