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BLM Final Public Lands Rule Incorporates Conservation Into the Multiple Use Mandate

Inclusion of Conservation Districts as Leasing Agents Opens Opportunities for More Conservation

By Libby Wawro, NACD Natural Resources Policy Specialist

Introduction 

The Bureau of Land Management (BLM) is an agency within the Department of the Interior responsible for overseeing 245 million acres of public lands, which include forests, rangelands, deserts and other ecosystems across the country. The majority of public lands are located in western states – several of which are made up of more than 50% federal land. The BLM’s management mission is “to sustain the health, diversity, and productivity of federal lands for the use and enjoyment of present and future generations.” BLM lands are used for a variety of purposes, from recreation and timber harvest, to resource extraction and grazing. Many conservation districts regularly work with local and regional BLM officers to provide insights into these uses and the lands to develop and implement conservation projects in and around BLM managed lands.  

On May 10, 2024, the BLM published a final Conservation and Landscape Health Rule, commonly referred to as the “Public Lands Rule.” BLM’s multiple use mandate governs the way the BLM manages public lands in the United States. Whether or not we directly use public lands, their management impacts the health of our country’s working lands and efficient production of cattle, timber, and other critical resources. In the new rule, BLM incorporates conservation as an eligible land use under the multiple use framework–a significant shift in the management of our public lands.  

Stakeholders have expressed concerns that this change may impact communities and industries that rely on these lands for production. NACD appreciates BLM’s commitment to ensure the health, diversity, and productivity of public lands, while also supporting multiple use and sustained yield objectives for present and future generations. We’re looking forward to continuing to work with our members, the agency, and other stakeholders to implement this new rule in a manner that ensures our producers and land stewards have a voice in the ongoing management of these resources.  

The BLM is guided in its management of public lands by the Federal Land Policy and Management Act (FLPMA) which states that BLM lands will be managed and used for the purposes of “domestic livestock grazing, fish and wildlife development and utilization, mineral exploration and production, rights of way, outdoor recreation, and timber production.” The agency manages the growing use of these lands by identifying Areas of Critical Environmental Concern (ACEC), developing resource management plans (RMPs) or land use plans, and providing permits and other authorizations for specific uses. The BLM uses these tools and environmental analyses to determine the impacts of certain uses. As stated in the rule, the BLM hopes the addition of conservation as a use will provide additional tools to manage restoration and mitigation of these impacts to ensure they meet the mandate of continued use and sustained yield long into the future. 

Public Lands Rule and Inclusion of Conservation Districts as Leasing Agents 

Public land use skyrocketed during the COVID-19 pandemic and the impacts of climate change have also created new management complications. BLM decided that the overuse and degradation of fragile and susceptible landscapes required conservation to be added as an approved use on public lands, along with the development of tools to manage the new use. The final Public Lands Rule attempts to address these issues by codifying the identification and designation of ACEC within land use plans and calls for “extensive public involvement,” while also creating a mechanism by which current and future users can offset or restore impacted lands. The BLM recognizes that public land conservation is incompatible with a “one size fits all” approach and hopes that tools provided in the Public Lands Rule will be used to ensure continued and sustained use of public lands.  

The Public Lands Rule seeks to maintain the sustained yield mandate by creating new leasing options. These options include restoration leases on landscapes that have degraded over time, and mitigation leases to offset the impacts of specific land uses over a specified period of time. Conservation districts, as authorized entities, may identify and promote areas where leases would be advantageous to other users of our public lands, and many of the identified ACEC may be prime for the development of restoration leases. For example, a conservation district interested in improving wildlife corridors on public lands could help to facilitate fence removal, riparian restoration, and road rehabilitation. That conservation district could apply for a 10-year restoration lease to implement lasting practices on the proposed lands and restore the land to a state where an ACEC may no longer be an appropriate designation or concern. The BLM would oversee the activities, require a bond to provide for any potential adverse impacts, and retain authority to suspend the lease should the lease holder fail to use the lease for its intended purpose. Like grazing permits, these 10-year leases can be renewed to fulfill the requirements of the original project. Additionally, the lease holder could partner with other users on public lands to offset costs and provide an opportunity for more naturally disruptive users to offset the impacts of that use. In many ways, this new rule hopes to provide opportunity for ongoing funding and partnership with new partners on conservation projects that impact public lands and natural resources as a whole.  

The rule acknowledges the need to protect ecosystems, wildlife habitats, and cultural resources while allowing for responsible and continued use of public lands. The BLM assures the public that “restoration and mitigation leases will not disturb existing authorizations, valid existing rights, or state or Tribal land use.

General Concerns and Opportunities for Conservation Districts 

Many stakeholders argue that much of the reason so much BLM land remains productive and intact is because of, not in spite of, the past and current management and stewardship of ranchers, hunters, recreationists, and others. Many of these groups remain concerned that adding new and complicated tools to an already overburdened system will do more damage to the system than good. Though the BLM hopes that this new rule will provide a new and effective management strategy, there may be growing pains and a need for future adjustments.  

Jake Tibbits, Chair of NACD’s Public Lands Subcommittee, Libby Wawro, and others meet with Errol Rice, BLM Senior Policy Advisor about the proposed rule at NACD’s Summer Meeting in Bismarck, North Dakota in 2023.

NACD provided comments on the proposed rule and continues to work closely with senior policy advisors at BLM to ensure the inclusion of conservation districts in the new management system. The result of these efforts is that conservation districts are specifically included along with local and state governments, as a qualified entity to hold mitigation or restoration leases. BLM also provided clarification on the “conservation lease” tool by separating the two efforts as “mitigation” or “restoration leases.” The intended use of these new leasing programs is to provide an opportunity to offset impactful or extractive uses, identify and restore impacted landscapes, and provide extended timelines to ensure success. These new tools and the inclusion of conservation districts as leasing agents provide an opportunity to our members to be truly involved from the beginning on projects and programs that impact their local communities.  

To learn more, visit the BLM’s Public Lands Rule webpage and the fact sheets posted there.

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