Crafting Comprehensive Public Land Legislation! - Park County Wyoming
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8/2/17
Crafting Comprehensive
Public Land Legislation!
Tools for Wyoming Advocates
Paul Spitler
The Wilderness Society
Overview
• The art of collaboraBon.
• Washington, D.C. – and what it means for you.
• ConservaBon designaBons.
• Economic development, recreaBon, and other
public land legislaBon components.
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Compromise...is not a four-leJer word!
CollaboraBon
• Means there will be give and take.
• No one gets everything they want.
• We need to come out ahead – and so does
everyone else.
• Has worked in Utah, Idaho, Nevada,
and...Wyoming!
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Washington DC
(Like you never knew it)
Lessons for Success
Washington DC
(Like you never knew it)
• DC is divided.
• DC o1en operates by consensus.
• DC is inclusive.
• DC does not favor crea8vity.
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Washington DC
(Like you never knew it)
• DC follows rules.
• DC likes the laws it has wri
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Rules to Live By
• Avoid poison pills.
• There are no shortcuts.
• You have to want it.
Public Land Designation Options!
Short version: Congress can craZ a
designaBon to fit any circumstances.
Long version: see next slides...
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WILDERNESS!
(more on this later)
NATIONAL CONSERVATION AREA!
The concept: Protect an area’s outstanding natural, scenic, ecological, or other values while
allowing certain uses that are disallowed in wilderness.
Key issues:
• Purposes. The area must be managed to conserve its outstanding scenic, natural,
cultural, and recreaBonal values. Only such uses as further those purposes may be
allowed.
• RecreaBon. Motorized vehicles limited to designated routes. Most require a new travel
management plan.
• Mining/energy/disposal. Most NCAs are withdrawn from mineral entry, disposal, and
energy development.
• Other acBviBes. Consistent with the purposes.
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NATIONAL SCENIC AREA/NATIONAL
RECREATION AREA!
The concept: A flexible designaBon that can protect an area’s
outstanding natural values, while providing for a variety of recreaBon
or other acBviBes, including those that are disallowed in wilderness
areas.
Key issues:
• No organic act. Management is wholly dependent on the
authorizing legislaBon.
• Management goals.
Management objecBves
can vary significantly.
• RecreaBon, mining,
energy, other uses.
POTENTIAL WILDERNESS!
The concept: Manage an area as though it were wilderness except for a
single, non-conforming use. Once the non-conforming use is eliminated, the
area will be designated as wilderness without further ac1on by Congress.
Key issues:
• Management. Managed as
wilderness, except for single,
non-conforming use.
• DuraBon. Set period,
or indefinitely?
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MINERAL WITHDRAWALS !
The concept: Prohibit new mining claims in a specified area.
Key issues:
• Management. Will the withdrawal come with any other management
restricBons?
• Valid exisBng rights. ExisBng claims are honored and may be developed.
MOTORIZED VEHICLE USE LIMITATIONS!
The concept: Limit the use of motorized vehicles to legal, exisBng routes
that are in place at the Bme the legislaBon passes; prohibit new road
construcBon.
Key issues:
• Management. Will the motorized vehicle limitaBon come with any other
management restricBons?
• ExisBng routes. Have exisBng routes been designated?
• Mountain bikes. Will they be covered as well?
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OTHER
DESIGNATIONS!
SPECIAL MANAGEMENT AREA
Special Management Areas have been uBlized or suggested when other
designaBons do not fit well.
NATIONAL MONUMENT
As with many other designaBons, management is enBrely dependent on the
authorizing legislaBon.
VARIOUS
Occasionally, designaBons have been craZed to protect to the parBcular
aJributes of a specific landscape. Such designaBons are very site-specific.
Other Legislative Components!
• We know what we may get, but what do we
have to give up???
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RECREATION AREAS
• Can be motorized or non-motorized.
• May include snowmobile areas, off-highway vehicle
areas, or special management areas for non-
motorized recreaBon.
• Specified recreaBonal acBviBes are permiJed to
conBnue in perpetuity, subject to federal laws.
OFF-HIGHWAY VEHICLE ROUTES,
RECREATION FACILITIES, AND
STUDIES!
• Designate of off-highway routes on federal land.
– ExisBng routes only.
– Subject to all environmental laws.
• Develop new recreaBonal faciliBes, such as campgrounds, trailheads, or trails.
• Study new recreaBonal opportuniBes, including trail expansion.
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RECREATION FACILITIES & STUDIES
These faciliBes may be very important to local communiBes
and may provide for greatly enhanced recreaBonal
opportuniBes. In adopBng this approach care should be taken
to ensure that the faciliBes do not incur substanBal cost.
LegislaBon may require that federal agencies assess
opportuniBes to expand recreaBonal opportuniBes, including
hiking, camping, and motorized and non-motorized travel. A
thorough assessment of these opportuniBes may lead to new
trails, campgrounds, or other recreaBonal access.
TARGETED LAND EXCHANGES!
• Can provide important economic development.
• Can be between Federal government and State or private landowners.
• OZen exchange State lands with high conservaBon value are for Federal
lands with high economic potenBal and lower conservaBon value.
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LAND CONVEYANCES FOR PUBLIC
PURPOSES
• Authorized by FLPMA and RecreaBon and Public Purposes
Act.
• Conveyance must be for legiBmate public purposes.
• Public purposes include parks, recreaBon faciliBes, airports,
government buildings, schools, etc.
• Can provide important public benefits.
• This is not public land giveaway!
TARGETED LAND DISPOSAL
• Authorize the sale of public land, generally
limited to lands idenBfied for disposal in the
local land management plan.
• This is not public land giveaway!
128/2/17
FOREST RESTORATION
• Designate naBonal forest lands for restoraBon
purposes.
• Has been tried, but not passed.
• LimitaBons apply...
138/2/17
HARD RELEASE!
What the heck is the
difference between hard
and soZ release, anyway?
So1 Release – removing exisBng limitaBons
(found in secBon 603 of FLPMA) that require
wilderness study areas be managed to maintain
their wilderness characterisBcs unBl Congress
acts. Released wilderness study areas are
managed like any other BLM land, according to
the planning requirements of secBon 202 of
FLPMA. This may include future wilderness
inventory and protec1on of wilderness character.
Soft Release
So1 release can also be applied to forests (by releasing them
from the roadless rule). The key point is that land
management agencies retain the ability to inventory and
protect wilderness characterisBcs in the future.
148/2/17
HARD RELEASE
Hard Release – is removing exisBng protecBons
for an area, while prohibiBng land management
agencies from inventorying and protecBng
wilderness values on that land in the future.
* This has never passed Congress. Ever.
Soft versus HARD Release
The key difference:
• In soZ release, land management agencies
retain the ability to inventory and protect
wilderness values in the future. In hard
release, the agencies lose that ability. That’s
it.
• It has nothing to do with Congress, and no
Congress has the ability to bind a future
Congress.
158/2/17
Undermining environmental
laws!
contradicting the wilderness
act
Allowing any acBvity in wilderness areas that are
impermissible under the Wilderness Act.
168/2/17
What is Allowed in Wilderness?
• Chainsaws?
• FighBng fires?
• Cows?
• Bikes?
wholesale public land
giveaway
178/2/17
limiting new national
monuments
Oh, wait...
GRAND TETON NATIONAL PARK ACT
September 14, 1950 Be it enacted ... there is hereby established a new
"Grand Teton NaBonal Park“... Provided, That no further extension or
establishment of naBonal parks or monuments in Wyoming may be
undertaken except by express authorizaBon of the Congress.
Successful Models (among many)
• Washington County, UT
– Land disposal, Off-highway vehicle routes, wilderness,
land conveyances, travel planning, conservaBon
areas.
• Lincoln County, NV
– Land disposal, land conveyances, uBlity corridor,
wilderness, off-high vehicle routes, WSA release.
• Owyhee IniBaBve, ID
– WSA release, grazing management, wilderness, wild
and scenic rivers, travel planning, land disposal.
188/2/17
Resources!
• Wilderness Act Handbook – comprehensive guide to
wilderness management.
• Factsheets on wilderness management:
– Wildfire
– Grazing
– Wildlife water development
– Sage grouse
– Etc.
• Public Land DesignaBon OpBons – descripBons of the
various approaches.
• Background comprehensive public land legislaBon.
• And more – just ask!
Paul Spitler
The Wilderness Society
(202) 360-1912
paul_spitler@tws.org
198/2/17
The End!
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