On April 3, 2023, the Bureau of Land Management (BLM) issued a proposed rule to adjust its land management policies to prioritize the health and resilience of ecosystems across public lands. This regulation is proposed under the Federal Land Policy Management Act of 1976 (FLPMA), and provides that the BLM will protect intact landscapes, restore degraded habitat, and make wise management decisions based on science and data. To support these activities, the proposed rule would apply land health standards to all BLM-managed public lands and uses, clarify that conservation is a “use” within FLPMA's multiple-use framework, and revise existing regulations to better meet FLPMA's requirement that the BLM prioritize designating and protecting Areas of Critical Environmental Concern (ACECs). The proposed rule would create an overarching framework for multiple BLM programs to promote ecosystem resilience on public lands.
In particular, BLM's recognition of conservation as a legitimate "use" of public land under the FLPMA may have significant implications for climate change mitigation and adaptation. Consistent with how the BLM promotes and administers other uses, the proposed rule establishes a durable mechanism, conservation leases, to promote both protection and restoration on the public lands, while providing opportunities for engaging the public in the management of public lands for this purpose. Among other issues, BLM requests public comment on whether this rulemaking should expressly authorize the use of conservation leases to generate carbon offset credits.
BLM is accepting comments on this proposed rule until June 20, 2023.