A new Biden administration rule will make conservation one of many recognized multiple uses on the 18.4 million acres of public land overseen by the Bureau of Land Management in Wyoming, a move that frustrated Gov. Mark Gordon and unleashed a cascade of criticism from politicians and industry.
The 178-page final Conservation and Landscape Health Rule would “codify conservation tools” to better meet legal requirements to “protect intact natural landscapes and restore degraded landscapes to achieve ecosystem resilience.” It will become effective in about 30 days, according to an advance copy released Thursday before its publication in the Federal Register.
The federal agency manages almost 30% of Wyoming’s 62 million acres for the American public under a multiple-use mandate calling for energy development, livestock grazing, recreation and other activities. At the same time, the BLM must ensure natural, cultural and historic resources are maintained across its jurisdiction, which covers about 10% of the country.
“This rule amounts to a generation-defining shift in how we manage our shared natural resources.”
Jamie Williams, The Wilderness Society
“Historically, BLM’s multiple-use policy has focused on mining, oil and gas exploration, and other development rather than outdoor recreation and conservation on the 245 million acres [nationwide] that the agency manages,” the Pew Charitable Trusts said in a statement supporting the BLM’s action. “But now, the new rule will enable BLM to put the stewardship of wildlife habitat and cultural resources as well as Americans’ access to outdoor recreation on equal footing with other uses.”
The final rule frustrated Wyoming’s governor.
“It appears that Wyoming’s comments — and those from our people who depend on public lands for their livelihoods — were completely overlooked,” Gordon said in a statement. The BLM’s plan will “completely upend economies across the West — including grazing, recreation, and energy.”
The governor believes the agency violates both the spirit and authority vested in the BLM by federal laws, Michael Perlman, Gordon’s spokesman, said in an email.
“Any time the possibility of designating large tracts of land [arises] — with very limited multiple use — there will be an economic impact to the communities and the state,” he wrote. “Conservation has always been a high priority and considered with other land uses — such as energy development.”
Now, action by the Biden administration “upsets that long understood balance,” he wrote.
Conservation on equal footing
The rule defines “conservation” as encompassing protection and restoration “recognizing that the BLM must protect intact natural landscapes and restore degraded landscapes to achieve ecosystem resilience.” It establishes “mitigation restoration leasing” that would limit landscape-degrading actions.
But it does not “prioritize conservation above other uses,” the BLM says. “Instead, it provides for considering and, where appropriate, implementing or authorizing conservation as one of the many uses,” allowed under the Federal Land Policy Management Act that governs much of the agency’s actions.
That law requires the BLM “to give priority to the designation and protection of [Areas of Critical Environmental Concern],” the agency states. Drawing lines around such areas allows the BLM to establish special rules to protect the resources — be they greater sage grouse breeding ground leks, mule deer migration routes or other natural assets — within the zones.
Drilling and mining will continue. “No part of the rule would preclude the development or transmission of energy on or across public lands without due consideration of multiple use and sustained yield principles,” the BLM states.
The BLM received more than 152,000 comments on the proposal and referred to commenters’ views 70 times in the final rule distributed Thursday. It explained how it disagreed with some of those comments, including the potential negative impact on energy extraction.
Criticism rained on the rule, nevertheless. U.S. Sen. John Barrasso predicted doom.
“With this rule, President Biden is allowing federal bureaucrats to destroy our way of life,” he said in a statement Thursday. Barrasso will continue to fight against the rule, including by seeking its overturn in Congress, he added.
Gordon, who said last year the rule is “arguably unconstitutional,” is reviewing the document, Pearlman wrote. “There is still much to understand,” the spokesman said, but the governor is upset that the BLM didn’t give the state and its residents more consideration.
That’s a theme in the governor’s criticism of other BLM actions, including the proposed revision of the highly contested Rock Springs Area Resource Management Plan. “The way that public engagement was handled was something the Governor brought up last year, when no town halls were held by BLM in Wyoming,” Pearlman wrote.
The Petroleum Association of Wyoming challenged the BLM’s assertion that conservation will be an equal, and not superior, multiple use. The rule “will upend the nearly 50-year, multiple-use management ethos once held by the agency; elevating conservation above all other uses, such as mineral production, livestock grazing and recreation,” the association said in a statement.
Last year the group called the rule “a new, extra-legal, executive branch authority,” that creates “de facto … wilderness areas — a designation which is only lawfully achieved by an act of Congress.”
Greens love it
Conservation groups welcomed the rule, saying in a series of statements that the federal agency finally recognizes the public’s opposition to continued degradation of its property. Some 92% of commenters support strengthening conservation measures, the Center for Western Priorities said last September after a statistical analysis of comments.
“If we want Wyoming to stay the way it is, we need commitments like this from the BLM to make sure our working wildlands stay wild, and working,” said Lauren Marsh, a representative of the Wyoming Wilderness Association.
“This historic rule helps achieve the BLM’s mandate to balance competing uses by putting conservation on a level playing field with extractive industries like mining and drilling,” said Gwen Lachelt, executive director of Western Leaders Network. The rule will identify critical wildlife habitat ensuring it “thrive[s] for decades to come,” said David Willms, associate vice president for public lands at the National Wildlife Federation.
The Conservation Lands Foundation, The Wilderness Society and Accountable.US also issued statements of support.
“This rule amounts to a generation-defining shift in how we manage our shared natural resources,” said Jamie Williams, president of The Wilderness Society. “BLM lands make up the biggest slice of the federal estate, and now the Biden administration is putting it on the books officially that they will no longer be neglected or treated as just a source of oil and coal.”
“We do not inherit the earth from our ancestors, we borrow it from our children.” Chief Seattle, Suquamish Nation.
I’ve said it before – there will be something in the Rock Springs Final RMP for everyone – but, no one will get all of their wishes. Look for a balanced Final RMP and expect some disappointments regardless of which alternative you support.
On the other side of the equation is the view from historian Heather Cox Richardson in her column from last night (link below — it is interesting that HCR specifically names Wyoming and its resistance to the Haaland’s proposal as opposed to noting “western states” generally. Writing in her column last night HCR notes, “Republicans, especially those from states like Wyoming, which collects more than a billion dollars a year in royalties and taxes from the oil, gas, and coal produced on federal lands in the state, opposed Haaland’s focus on responsible management of natural resources for the future and warned that the Biden administration is “taking a sledgehammer to Western states’ economies.” HCR explains further “‘he new rule calls for protection of the land, restoration of the places that have been harmed in the past, and a promise to make informed decisions about future use based on “science, data, and Indigenous knowledge.” It “recognizes conservation as an essential component of public lands management, on equal footing with other multiple uses of these lands.” The Bureau of Land Management will now auction off leases not only for drilling, but also for conservation and restoration.” Adding “Western state leaders oppose the Biden administration’s efforts to change the Interior Department’s past practices, calling them “colonial forces of national environmental groups who are pushing an agenda” onto states like Wyoming.” https://heathercoxrichardson.substack.com/p/april-21-2024?utm_source=post-email-title&publication_id=20533&post_id=143838351&utm_campaign=email-post-title&isFreemail=false&r=9qmlp&triedRedirect=true&utm_medium=email
I’m disappointed in the arrogant stand against this rule by our state representatives. These lands do belong to all US citizens, not just to Wyoming to use for satisfying the demand of industry or agriculture. And, as a Wyoming native, I am happy that conservation of our public lands is officially included as an equal. Conservationists have had to fight for equal footing every time these public land impacts have reared their head. Maybe now the fight will be on equal footing.
Finally, holding the BLM responsible for wildlife and especially threatened, endangered and other sensitive species on PUBLIC land. No more scrambling to appease ranchers and developers and ignoring the general publics interests in conservation. And BLM: begin by stopping your Mustang roundups!
I’m all for what the BLM has planned. These are PUBLIC lands, not land that’s only for the livestock and energy developers. Barrasso is running for office again, so he has to put a negative spin on what’s good for state. He’s been in office too long already, along with Lummis and the dishonest one. Barrasso says the bureaucrats are destroying our way of life. You can head back to Pennsylvania. Of course, he’s talking for the folks that provide him campaign funds.
By the way Gov, there has never been a “balance” in the use of public land. Just look at the millions of acres that are not accessible to the general public. Also look at the proposed gravel mines near casper mountain. Is that a balanced use of state (public) land?
There is nothing in this rule that will benefit outdoor recreation, rather the opposite. Nothing that adds for access to public lands. Minor wording that tips the hat to public access, but the words “existence of a restoration or mitigation lease would NOT IN AND OF ITSELF” stop public access. But in the next sentence, would grant closure of public lands under so called mitigation or conservation leases from third parties by authorized officers (BLM/Tribal leasees)
Conservation leases, to be given at little or no cost to third parties, with an extreme emphasis on “environmental justice” and huge consideration for Indian tribes and Alaska Natives in a co-stewardship role! You can see the writing on the rule…tribes get the leases and then for “indigenous justice” close off the lands to the public.
The rule also leave a massive loophole for the 22-million acres of BLM land that will be given over to wind and solar farms that are polluting the west, all for the massive amount of money flowing out of Washington. Foreign corporations doing well in the green new deal.
Under Obama/Biden we shouldn’t be surprised. Remember the words “fundamentally transform the United States.”? Just one more step in the process.
Angus,
With all due respect, if you’re going to write about this stuff please learn what a drilling rig is and looks like. The equipment in your cover photo is all production equipment. Nary a drilling rig in sight. It takes away from your credibility. Otherwise, I do like your work!