Public Lands Rule Creates Conservation Leases

How does Restoration and Mitigation Leasing work in the BLM Public Lands Rule?

The Bureau of Land Management operates under a multiple use and sustained yield mandate, which means that lands administered by the agency, all 245 million acres of them, are managed to balance development with conserving natural and cultural resources. Recently, the BLM released the Public Lands Rule which seeks to codify and advance the principles of multiple use and sustained yield, and give the agency the tools they need to maintain resilient ecosystems. The rule seeks to accomplish this through conserving intact landscapes, promoting habitat restoration and emphasizing the use of the best available science in decision making.

Through this rule, the BLM looks to put conservation on par with extractive uses in part by offering land for mitigation and restoration leasing. Restoration leases are designed to restore degraded lands while mitigation leases are designed to offset impacts of other authorized projects. While the agency considers conservation within its multiple use framework, it has not specifically leased lands for that purpose.

To effectively implement these leases, the Public Lands rule establishes a process through which the BLM may approve or deny a lease application. The agency will consider many factors when determining if a lease should be authorized, including the success potential of the proposal, compatibility with existing uses, and collaboration with local land managers/owners and/or permittees. Additionally, the BLM has the authority to set bonding and terminate or suspend a lease if the permittee, for example, is not in compliance with the terms of the lease.

Leases are generally valid for the time required to complete a project, but restoration leases must be renewed every ten years and will not be renewed if the goal has been achieved. In contrast, mitigation leases are valid for the time that the project would have impacts. For example, if a proposed solar development would negatively impact a bird species, the BLM can determine that mitigating the impact is appropriate and would consider a mitigation lease from the developer for the duration that the solar development would have impacts. Additionally, lease holders are required to assess their activity and submit an update report to the BLM annually.

While mitigation has taken place in the past, it is generally done on private lands and not the public BLM lands. Further, it is important to note that restoration and mitigation leases will not interrupt existing authorized uses, state or Tribal land management or valid existing rights. If the proposal is determined to disturb these uses, the lease will be denied. Further, land leased for conservation purposes may subsequently be leased for other uses as long as those uses are compatible with the restoration or mitigation work.

Who Can Apply for a Restoration or Mitigation Lease?

Leases are available “…to any qualified entity that can demonstrate capacity for implementing restoration or mitigation projects.” The rule explicitly states that individuals, businesses, NGO’s, tribal governments, conservation districts and state fish and game agencies are eligible to pursue a restoration or mitigation lease. Further, leases will not be offered to foreign entities.

Will My Hunting and Fishing Access be Compromised?

Thankfully, no. The approval of a lease does not mean that the lessee has exclusive rights to the public lands encompassed in the lease. Also, “casual” use of the public lands would be allowed to continue including research and recreational use, such as hunting and fishing.

BLM lands encompass valuable wildlife habitat and are invaluable to hunters and anglers across Wyoming and the West. This rule is designed to conserve and restore these important areas while facilitating extractive uses that local communities rely upon for their livelihood.

Click here to read the final rule >>