Updated December 28, 2010
A new policy to be implemented by the Interior Department gives its Bureau of Land Management (BLM) the authority to bypass Congress by designating potentially millions of acres of publicly owned lands in western states as "Wild Lands" thus covering them with use restrictions similar to those applied in Congressionally-designated "Wilderness Areas." As you might expect lawmakers from those western states have promised to fight the policy, despite its support by environmental groups.What the 'Wild Lands' Policy Does
Through Secretarial Order 3310, issued on December 22, 2010, Interior Secretary Ken Salazar gives the BLM immediate authority to "designate appropriate areas with wilderness characteristics under its jurisdiction as 'Wild Lands' and to manage them to protect their wilderness values."
The order authorizes the BLM to apply the "Wild Lands" policy to any publicly-owned lands identified by BLM to have "wilderness characteristics" that are not already a part of the congressionally approved National Wilderness Preservation System, or currently under consideration by Congress for "Wilderness Area" designation.
"The new Wild Lands policy affirms the BLM's authorities under the law -- and our responsibility to the American people -- to protect the wilderness characteristics of the lands we oversee as part of our multiple use mission," said BLM Director Bob Abbey in a press release.
What are 'Wilderness Characteristics?'
As defined by the Wilderness Act of 1964, a wilderness is, "in contrast with those areas where man and his own works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain."
The Act further defines a wilderness as "an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to preserve its natural conditions and which (1) generally appears to have been affected primarily by the forces of nature, with the imprint of man's work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) has at least five thousand acres of land or is of sufficient size as to make practicable its preservation and use in an unimpaired condition; and (4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value."
How Wilderness Areas are Typically Designated
The "Wild Lands" policy established by Secretary Salazar represents a considerable departure from the method for designating lands as "Wilderness Areas" specified in the Wilderness Act of 1964.
Under the Wilderness Act, the Secretary of Interior recommends lands to be designated as a Wilderness Area to the President of the United States. The president then forwards his opinion to Congress. And, as stated by the Wilderness Act, "A recommendation of the President for designation as wilderness shall become effective only if so provided by an Act of Congress."
It is the "Wild Lands" policy's apparent bypassing of the "only if so provided by an Act of Congress" provision of the Wilderness Act that has drawn the ire of western state lawmakers.
How 'Wild Lands' Differ from 'Wilderness Areas'
The Interior Department, however, contends that because "Wild Lands" can be designated and later modified through a public administrative process, they differ from "Wilderness Areas," which are designated by Congress and cannot be modified except through the legislative process.
"Simple principles guide this common-sense policy," said Secy. Salazar. "First: the protection of wild lands is important to the American people and should therefore be a high priority in BLM's management policies. Second: the public should have a say in designating certain public lands as 'Wild Lands' and expanding those areas or modifying their management over time. And third: we should know more about which American lands remain wild, so we can make wise choices, informed by science, for our children, grandchildren and future generations."
How the Use of Wilderness Area Land is Restricted
Once designated by Congress as a "Wilderness Area" or now by the BLM as a "Wild Lands" area, uses of that land become greatly restricted. No commercial enterprises are allowed. Other than those required for public safety access, no temporary roads are allowed. Use of motor vehicles, motorized equipment (like chainsaws), motorboats or landing aircraft is prohibited. No form of mechanical transport may be used, and no structures are allowed. However, oil, gas and mineral exploration and production may be allowed with the approval of the Interior Department.
How Much Land is Involved?
A total of over 245 million acres of land, mainly in the western states is currently classified as public land under the control of the BLM. Approximately 106 million acres of public land has been designated as protected Wilderness Areas (map) by Congress since enactment of the Wilderness Act of 1964. This leaves about 139 million acres of public land that could theoretically be designated as protected "Wild Areas" without the approval of Congress through the Interior Department's Secretarial Order 3310.
Why the Western Lawmakers Object
Led by House Natural Resources Committee Chairman-elect Rep. Doc Hastings (R-Washington, 4th), lawmakers from the western states call the Interior Department's "Wild Lands" policy a "backdoor approach" that circumvents both the federal regulatory process and the powers reserved for Congress.
"The (Obama) Administration clearly knows that the law (Wilderness Act of 1964) only allows Congress to designate Wilderness areas, though somehow they hope giving it a different label of 'Wild Lands' will pass legal muster," stated Rep. Hastings in a press release. "This new policy will have significant ramifications on our economy, jobs, recreational opportunities and American energy production."
Noting the extreme limitations on the use of lands designated -- by any name -- as wilderness areas, Rep. Hastings added, "This backdoor approach is intended to circumvent both the people who will be directly affected and Congress."
Hastings promised that the House Natural Resources Committee would review the Interior Department's "Wild Lands" policy.
But the People Will Not be Bypassed
It should be noted that under the federal regulatory process, all proposals to designate lands for protection under the Interior Department's "Wild Lands" policy will be subject to public review and comment.
