Interpreting Wilderness Policy In The Bureau Of Land Management

Since the passage of the Federal Land Policy and Management Act (FLPMA) in 1976, the Bureau of Land Management (BLM) has had a troubled relationship with wild lands, the nation's last remaining places with wilderness characteristics. While for twenty five years BLM recognized wilderness values as a resource it must balance and could stringently protect consistent with the multiple use mandate, in 2003 the agency largely disclaimed that interpretation, potentially imperiling future protection of wild lands yet undesignated as wilderness or wilderness study areas. Since then, the agency has made incremental - but potentially powerful - steps toward reclaiming a view of its authority that could afford more protection for yet-undesignated wild lands. Although BLM's current policy does not authorize strong “default” protection for wild lands as before, it does direct the agency to survey and consider wild lands in all land plans and project approvals. This article traces the evolution of BLM's interpretation of its duty and authority under FLPMA to manage lands with wilderness characteristics. The article concludes that, while over time BLM's view of its responsibility toward yet-undesignated wilderness has narrowed, the recent controversial Wild Lands Policy and ensuing agency guidance re-acknowledge wilderness values as a legitimate FLPMA resource to be protected. It remains to be seen if and how the agency will use its reclaimed authority to meaningfully protect the nation's remaining vulnerable wild lands.

Pursuant to a congressional request, GAO provided information on the wilderness study areas managed by the Bureau of Land Management (BLM) and the Forest Service, focusing on: (1) legislative guidance and agency policies governing wilderness study area management; (2) the various activities and uses of the study areas; (3) the ways these activities and uses affect the areas; and (4) agency actions to monitor and restrict these uses and repair damage. GAO found that; (1) wilderness study areas are areas that are identified, either by Congress or agency officials, as having certain characteristics that qualify them as wilderness; (2) BLM and the Forest Service have implemented policies designated to protect wilderness study areas; (3) motor vehicles and mechanized equipment are generally prohibited in wilderness areas; (4) Congress has allowed for certain types of recreation in wilderness study areas such as riding all-terrain vehicles, motorcycles, snowmobiles, and mountain bikes; (5) surface disturbance or damage by motorized vehicle use is a concern of the managing agencies, as well as environmental groups; and (6) agency managers have several mechanisms for managing wilderness study areas and mitigating resource damage such as monitoring uses in study areas, restricting uses if necessary, and repairing any ensuing damage.

Congress has directed the federal land management agencies to evaluate the suitability of certain federal lands for possible inclusion in the National Wilderness Preservation System, a System that provides a high level of protection to lands within it. Section 603 of the Federal Land Policy and Management Act of 1976 directed the Secretary of the Interior to review the wilderness potential of certain BLM lands and to recommend areas by 1991. Most of the recommendations are still pending. Section 603 also required that the wilderness suitability of the areas studied (known as wilderness study areas or WSAs) not be impaired until Congress has decided whether to include them in the System. BLM wilderness issues are controversial, in part because both sides have an interest in the status of the WSAs, views differ as to whether new wilderness reviews can still be done and new wilderness study areas created in BLM planning, aside from §603, and because BLM land use plans are not required to be revised on a definite cycle. Recent modifications of related past agency guidance have highlighted the controversy. Legislation to designate wilderness areas and to end WSA status has been introduced. This report will be revised as circumstances warrant.