BLM Makes Its Case For Unilateral Land Acquisition by Presidential Decree
Posted on 27 April, 2014 by Rick Wells
This is a continuation of a series which began here.
Vague, subjective or key words or phrases on page five have been underlined for emphasis in this article. Subjective language such as “prove fruitful” and “imminent harm” could be doorways for abuse. Please note how once the Antiquities Act sales pitch is laid out, the focus turns back to conservation rather than management. Land Acquisition appears to clearly be a focus of the BLM plan as well.
Should the legislative process not prove fruitful, or if a nationally significant natural or cultural land resource were to come under threat of imminent harm, BLM would recommend that the Administration consider using the Antiquities Act to designate new National Monuments by Presidential Proclamation.
The Antiquities Act allows the President to act quickly and decisively in defense of our natural and cultural treasures. Since President Theodore Roosevelt first used the Act, 15 Presidents have exercised their authority to protect nationally important places, including the Grand Tetons, Carlsbad Caverns, Mount Olympus (now Olympia National Park), Arizona’s Petrified Forest and Alaska’s Denali.
For much of the history of the Act, lands designated as National Monuments were taken from the BLM and entrusted to the National Park Service. This changed in 1996, when President Clinton gave management jurisdiction over the Grand Staircase-Escalante National Monument to the BLM, reflecting a growing understanding that park-style management was not necessarily appropriate for all conservation lands. Fourteen of the 22 National Monuments created or expanded by President Clinton, totaling more than 4 million acres, remained under BLM stewardship. Today, these lands form the heart of the NLCS. BLM’s management of these areas, without the trappings of visitor centers and other man-made improvements, has met with wide public support. These lands symbolize the American spirit, and their remoteness and solitude remain poignant reminders of a bygone era.
Attachment 4 contains a list of lands that may be appropriate for designation under the Antiquities Act.
3. Utilizing the Land-Use Planning Process to Account for Ecosystem-Service Values to Protect Lands that are Ineligible for Monument Designation.
The final aspect of the first component of BLM’s Treasured Landscapes vision recognizes that new conservation designations should not be the only-nor, perhaps, even the primary- means of managing for conservation on BLM’s public lands. To that end, BLM also recommends emphasizing conservation values in its land-use planning process, with particular attention focused on two considerations: (a) accounting for the ecosystem-service values of BLM lands and (b) the special legal context of conservation management in Wyoming and Alaska. 1.Accounting for Ecosystem-Service Values in the Land-Use Planning Process
Consumptive or ground-disturbing uses of public lands often yield benefits that are readily quantifiable-BLM’s timber-sale plans, for example, may be expected to yield a certain number of board feet, contribute to the creation of a definite number of jobs, and provide local communities with an estimable amount of economic activity. By contrast, non-consumptive and conserving uses of public lands have not historically been thought to yield values that are as readily quantifiable.