Public Lands Rule Would Center Conservation

Writing in High Country News, Jonathan Thompson analyzes the potential impact of the Biden administration’s proposed Public Lands Rule, which could “put conservation on a par with other uses of federal lands, such as grazing, oil and gas drilling and mining.” According to Thompson, this could lead to a “seismic shift” for public land management in the United States that would reverse the tendency to privilege development over conservation.

As the rule’s text itself explains, “This proposed rule is designed to ensure … public lands continue to provide minerals, energy, forage, timber, and recreational opportunities, as well as habitat, protected water supplies, and landscapes that resist and recover from drought, wildfire, and other disturbances.”

Thompson briefly describes the history of recent U.S. land management law, starting with the Federal Land Policy and Management Act (FLPMA) of 1976, which “required that public lands be managed for multiple uses and sustained yields rather than to maximize extraction” and prompted the ‘Sagebrush Rebellion’ of the following years and the rollback of conservation measures during the Reagan administration.

“The new rule would codify procedures developed over the last 40 years to provide consistency. But it would also beef up the protective strength of the provision by requiring ‘consideration of ecosystem resilience, landscape-level needs, and rapidly changing landscape conditions’ when designating and managing ACECs,” or Areas of Critical Environmental Concern.

But the rule is far from finalized or approved, and Thompson warns that “If Interior does not move quickly and a less conservation-friendly administration takes control of the White House in 2024, then the new rule could be tossed out relatively easily.”