BLM creates conservation leases

Micky Fisher, BLM Wyoming's lead public affairs specialist, said that information on how this rule will be implemented on the state and field office levels is still forthcoming. An advance copy of the rule says that "conservation tools" should be deployed in accordance with local land use plans.

The BLM Buffalo Field Office manages 780,291 acres of public lands and 4,731,140 acres of mineral estate within Campbell, Johnson and Sheridan counties.

Ryan Fieldgrove, chair of the Clear Creek Conservation District board and vice president of the Wyoming Association of Conservation Districts, said that he and other Wyoming natural resources leaders met with BLM Principal Deputy Director Nada Wolff Culver about the rule. He said that the state association is wary of the term “leases” for the restoration and mitigation program, and they expressed that view in their meeting and public comments.

"We suggested they change their word to 'conservation enhancement,' where it was a layered practice on top of an existing allotment lessee's current lease," Fieldgrove said in an interview. “The conservation districts represent our taxpayers. So we've been told by our supporters and constituents that the word 'lease' is concerning, because it potentially allows either a conservation district or a special interest group to hold the lease.”

The rule is one of several BLM actions in the past month that appear to prioritize conservation of public lands and mitigating the impacts of climate change over extractive industry. It isn't intended to stifle other uses of public lands, the final document says.

The rule is associated with a few names, including the Public Lands Rule and the Conservation and Landscape Health rule.

This rule and another Biden administration initiative to con- serve 30% of the nation's lands and waters by 2030, better known as 30x30, have each been billed by opponents as a "land grab."

State and local officials said they felt they were left out of the rule-making process last summer, according to previous Bulletin reporting.

Though the final rule addressed a few concerns, including a ban on foreign lessees and a clarification that the conservation leases will not be issued if they would conflict with existing authorized uses, Wyoming officials weren't much happier with the final product.

Wyoming Sen. John Barrasso said in a statement that he would introduce a Congressional Review Act resolution against it, which would, at least, delay implementation and, at most, overturn the action. Overturning the rule would require support of both houses and the president, according to the Congressional Research Service.

Gov. Mark Gordon testified against the rule before the House Committee on Natural Resources last summer.

"The Biden Administration's contorted interpretation of multiple use under the Federal Land Policy Management Act and the BLM's authorities will completely upend economies across the West – including grazing, recreation, and energy,” he said in a statement on the final rule.

The restoration and mitigation leases are just one “conservation tool” within the new rule. The agency advocates for relying on Indigenous knowledge to promote conservation.

Another measure is an emphasis on designation of areas of critical environmental concern, or ACECs. Areas are designated as ACECs to protect natural resources, including fish and wildlife and historical, cultural and scenic values, according to the BLM. These areas are under special management, and restrictions on certain activities are dependent on the ACEC's specific qualities.

The agency's new conservation rule clarifies that ACEC designation can be used to protect habitat connectivity and intact landscapes.

“Achieving ecosystem resilience will require, to some extent, the protection of intact landscapes,” an advance copy of the rule says. “The goal of the rule is to provide a decision support and prioritization framework for the BLM as it seeks to identify where such protection is appropriate.”

Jim Magagna, executive vice president of the Wyoming Stock Growers Association, said that expanding ACEC designation has been part of several recently released BLM plans, including its Greater Sage-Grouse plan and the highly-contested draft Rock Springs Resource Management Plan. The BLM's preferred alter native in the sage-grouse plan does not include ACECs, but other alternatives do.

“It is our position that all of these proposals exceed the Congressionally authorized use of ACECs," Magagna wrote in an email.

Fisher said that more information on how this rule will be implemented at the local level should be available in the coming months.

This story was published on May 2, 2024.