Administration edging towards rescinding Biden's executive order on public lands protection

The Bureau of Land Management (BLM) is currently navigating a contentious period following the implementation of its public lands rule last year, which includes a restoration and mitigation leasing program. This program has been a subject of debate, with critics arguing that it could potentially be used by environmental groups to lock up public lands for extended periods.

The BLM oversees approximately 245 million acres of public lands, and the restoration and mitigation leasing program allows companies and nonprofit groups to purchase leases for restoration projects. The aim is to leverage private dollars for these projects, but the program has faced criticism from various quarters, particularly for its potential to restrict access to public lands.

The restoration and mitigation leasing program also facilitates the offsetting of damage from projects on other bureau rangelands. However, critics argue that this could lead to the long-term locking up of public lands, limiting their use and accessibility.

The public lands rule has been a target of criticism from Congressional Republicans and other critics, who have long expressed concerns about the program. At least six states, including North Dakota, have filed federal lawsuits challenging the entire BLM public lands rule. North Dakota, in particular, has taken legal action against the rule while Doug Burgum served as Interior Secretary and later as governor.

The White House Office of Information and Regulatory Affairs recently completed its review of a draft rule to rescind the BLM's public lands rule from last year. The name of the government official who conducted the review is not currently available. If implemented, the draft rule would revoke the BLM's public lands rule, potentially marking a significant shift in the BLM's public lands policy.

The Biden-era public lands policy, which prioritises conservation and energy development equally, is one step closer to being revoked with the review of this draft rule. However, the outcome remains uncertain, and the future of the BLM's public lands rule and the restoration and mitigation leasing program remains a topic of ongoing discussion and debate.