Andy Kerr

Conservationist, Writer, Analyst, Operative, Agitator, Strategist, Tactitian, Schmoozer, Raconteur

National Recreation Area

Book Review: Our Common Ground: A History of America’s Public Lands

Book Review: Our Common Ground: A History of America’s Public Lands

Understanding the history of public lands is useful if one is to be the best advocate for the conservation of public lands.

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30x30, Part 3: Forty-Four Tasty Conservation Recipes One Can Make at Home—If One Lives in the White House

This is the third of three Public Lands Blog posts on 30x30, President Biden’s commitment to conserve 30 percent of the nation’s lands and waters by 2030. In Part 1, we examined the pace and scale necessary to attain 30x30. In Part 2, we considered what constitutes protected areas actually being “conserved.” In this Part 3, we offer up specific conservation recommendations that, if implemented, will result in the United States achieving 30 percent by 2030.

Top Line: Enough conservation recipes are offered here to achieve 50x50 (the ultimate necessity) if all are executed, which is what the science says is necessary to conserve our natural security—a vital part of our national security.

Figure 1. The Coglan Buttes lie west of Lake Abert in Lake County, Oregon. According to the Bureau of Land Management, it “is a dream area for lovers of the remote outdoors, offering over 60,000 acres of isolation,” and the land is “easy to access but difficult to traverse.” The agency has acknowledged that the area is special in that it is a “land with wilderness characteristics” (LWCs), but affords the area no special protection. Congress could designate the area as part of the National Wilderness Preservation System (Recipe #24), or the Biden administration could classify it as a wilderness study area and also withdraw it from the threat of mining (Recipe #1). Source: Lisa McNee, Bureau of Land Management (Flickr).

Ecological realities are immutable. While political realities are mutable, the latter don’t change on their own. Fortunately, there are two major paths to change the conservation status of federal public lands: through administrative action and through congressional action. 

Ideally, Congress will enact enough legislation during the remainder of the decade to attain 30x30. An Act of Congress that protects federal public land is as permanent as conservation of land in the United States can get. If properly drafted, an Act of Congress can provide federal land management agencies with a mandate for strong and enduring preservation of biological diversity.

If Congress does not choose to act in this manner, the administration can protect federal public land everywhere but in Alaska. Fortunately, Congress has delegated many powers over the nation’s public lands to either the Secretary of the Interior or the Secretary of Agriculture (for the National Forest System), and—in the sole case of proclaiming national monuments—the President.

Potential Administrative Action

Twenty-two recipes are offered in Table 1 for administrative action by the Secretary of the Interior, the Secretary of Agriculture, or the President. The recipes are not mutually exclusive, especially within an administering agency, but can be overlapping or alternative conservation actions on the same lands. While overlapping conservation designations can be desirable, no double counting should be allowed in determining 30x30. A common ingredient in all is that such areas must be administratively withdrawn from all forms of mineral exploitation for the maximum twenty years allowed by law.

Mining on Federal Public Lands

An important distinction between federal public lands with GAP 1 or GAP 2 status and those with lesser GAP status is based on whether mining is allowed. Federal law on mineral exploitation or protection from mining on federal public lands dates back to the latter part of the nineteenth century with the enactment of the general mining law. Today, the exploitation of federal minerals is either by location, leasing, or sale. The administering agency has the ability to say no to leasing and sale, but not to filing of mining claims by anyone in all locations open to such claiming.

When establishing a conservation area on federal lands, Congress routinely withdraws the lands from location, leasing, or sale. Unfortunately, when administrative action elevates the conservation status of federal public lands (such as Forest Service inventoried roadless areas or IRAs, Bureau of Land Management areas of critical environmental concern or ACECs, and Fish and Wildlife Service national wildlife refuges carved out of other federal land), it doesn’t automatically protect the special area from mining.

Congress has provided that the only way an area can be withdrawn from the application of the federal mining laws is for the Secretary of the Interior (or subcabinet officials also confirmed by Congress for their posts) to withdraw the lands from mining—and then only for a maximum of twenty years (though the withdrawal can be renewed). A major reason that particular USFS IRAs and BLM ACECs do not qualify for GAP 1 or GAP 2 status is that they are open to mining.

More Conservation in Alaska by Administrative Action: Fuggedaboutit!

The Alaska National Interest Lands Act of 1980 contains a provision prohibiting any “future executive branch action” withdrawing more than 5,000 acres “in the aggregate” unless Congress passes a “joint resolution of approval within one year” (16 USC 3213). Note that 5,000 acres is 0.0012 percent of the total area of Alaska. Congress should repeal this prohibition of new national monuments, new national wildlife refuges, or other effective administrative conservation in the nation’s largest state. Until Congress so acts, no administrative action in Alaska can make any material contribution to 30x30.

Potential Congressional Action

Twenty-two recipes are offered in Table 2 for congressional action. The recipes are not mutually exclusive, especially within an administering agency, but can be overlapping or alternative conservation actions on the same lands. However, they should not be double-counted for the purpose of attaining 30x30. A commonality among these congressional actions is that each explicitly or implicitly calls for the preservation of biological diversity and also promulgates a comprehensive mineral withdrawal.

Bottom Line: To increase the pace to achieve the goal, the federal government must add at least three zeros to the size of traditional conservation actions. Rather than individual new wilderness bills averaging 100,000 acres, new wilderness bills should sum hundreds of millions of acres—and promptly be enacted into law. Rather than a relatively few new national monuments mostly proclaimed in election years, many new national monuments must be proclaimed every year. 

For More Information

Kerr, Andy. 2022. Forty-Four Conservation Recipes for 30x30: A Cookbook of 22 Administrative and 22 Legislative Opportunities for Government Action to Protect 30 Percent of US Lands by 2030. The Larch Company, Ashland, OR, and Washington, DC.

 

Senator Ron Wyden and National Recreation Areas: How Large a Legacy?

Senator Ron Wyden and National Recreation Areas: How Large a Legacy?

Top Line: Oregon’s senior senator is poised to leave a legacy of national recreation areas. Just how many and how good that legacy will be is up to him.

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National Parks in Oregon, Part 2: Multiple Failures

National Parks in Oregon, Part 2: Multiple Failures

Part 2 discusses multiple failures to establish additional national parks in Oregon.

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Wither the Wild Rogue?

Wither the Wild Rogue?

When Representative Greg Walden (R-2nd-OR) hears “the Rogue,” he happily dreams of the roar of chainsaws. But now Walden is down and Representative Peter DeFazio (D-4th-OR) is up, and the stars have aligned to save the Wild Rogue. You can help.

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Filling the Congressional Conservation Pipeline for When It Unclogs

Filling the Congressional Conservation Pipeline for When It Unclogs

Several mostly good public lands conservation bills have been introduced in the 115th Congress (2017–18) but languish in committee, unable to get a vote on the floor of the House or the Senate.

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Oregon’s Wildlands Should Matter At Least as Much to Oregon Legislators as Alaska's and Utah's

Oregon’s Wildlands Should Matter At Least as Much to Oregon Legislators as Alaska's and Utah's

However, their cosponsoring a tundra wilderness bill in Alaska and a red rocks wilderness bill in Utah—at relatively large acreages of 1.6 and 9.1 million acres respectively—contrasts unfavorably with the Oregon congressional delegation’s efforts to conserve and restore Oregon’s green forests, tan deserts, and blue waters for the benefit of this and future generations.

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Dancing on the Dark Side: Wyden Guts His Own National Recreation Area System Bill

Dancing on the Dark Side: Wyden Guts His Own National Recreation Area System Bill

Senator Ron Wyden had a visionary and bold bill that would establish a National Recreation Area System. I strongly supported that legislative provision in a post to this Public Lands Blog.... I heaped praise on the Wyden-Blumenauer bill that would have established generally strong conservation and management standards for new national recreation areas.... Now I must heap scorn on the Wyden-Bishop bill. The section that would establish a National Recreation Area System has been gutted of any significant conservation value and would only change the color on the map, but not management on the ground.

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The Proposed Oregon Wildlands Act of 2017: Very Good but Not Yet Great

The Proposed Oregon Wildlands Act of 2017: Very Good but Not Yet Great

The congressional conservation pipeline is clogged. This is not because it is too full of fine legislation that would elevate the conservation status of certain public lands by designating wilderness, wild and scenic rivers, and other special protection areas, but because of the general dysfunction of Congress. (I hear it was worse before the Civil War.) One bill in that pipeline, sponsored by Senator Ron Wyden (D-OR) and cosponsored by Senator Jeff Merkley (D-OR), is the proposed Oregon Wildlands Act (OWA) of 2017 (S.1548, 115th Congress).

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The Westerman Bill: The Timber Industry’s Wet Dream

The Westerman Bill: The Timber Industry’s Wet Dream

Who wouldn’t want “resilient” (“able to withstand or recover quickly from difficult conditions”) forests? With the name Resilient Federal Forests Act of 2017 (H.R.2936, 115th Congress), what could possibly be wrong with this bill?

Everything. Judge neither a book by its cover nor a bill by its name.

Introduced by Representative Bruce Westerman (R-4th-AR), the bill is the timber industry’s wet dream legislation. In only his second term in Congress, Westerman has received more campaign contributions from Big Timber than any other industry.

The Westerman bill would legislate horrifically harmful public forest policy into law. 

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Federal Systems for the Conservation and Enjoyment of Lands and Waters

Federal Systems for the Conservation and Enjoyment of Lands and Waters

Federal conservation systems are an unqualified social good and generally provide elevated protection and better management to important federal public lands and to resources and areas of high national significance. All existing federal conservation systems could be improved, and none should be weakened or discarded. Those that haven’t yet been codified by Congress need to be.

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Privatizing Federal Public Lands in Western Oregon

Privatizing Federal Public Lands in Western Oregon

In its recently revised resource management plans for western Oregon, the Bureau of Land Management has identified 290 parcels of federal public lands, ranging in size from 0.01 to 440.2 acres and totaling 18,458.95 acres, as suitable for disposal. Although disposing of 0.7 percent of the approximately 2,600,000 acres of western Oregon BLM public lands may not seem like a big deal, many of these parcels have high public values.

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Preremembering Bob Packwood, Oregon Conservationist

Preremembering Bob Packwood, Oregon Conservationist

The Snake River in Hells Canyon would be dammed today if not for former Senator Bob Packwood (R-OR). The French Pete watershed would not have been returned to its rightful place in the Three Sisters Wilderness if not for Packwood.

No, Packwood is not dead yet, but he is in his ninth decade (and with all his marbles, the last time I saw him). I am implementing a new policy to remember some Oregon public lands conservation greats before they, in words from Hamlet’s "To be, or not to be" soliloquy, “have shuffled off this mortal coil mortal coil.” It is an interesting exercise and a challenge to write a remembrance of someone not yet passed. I’ll call it a premembrance.

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A Stage Theory of Elevating the Status of Federal Public Lands

If one rationally considered the probability of succeeding at elevating a discrete piece of federal public land to the status of a congressionally designated national what-have-you area (wilderness, wild and scenic river, national park, national monument, national recreation area, national wildlife refuge, or such), one might never embark on the voyage. One usually has to overcome an entrenched establishment of industry, locals, and government that doesn’t want things to change. Yet, conservationists proceed anyway, and if they are smart, clever, and persistent (with emphasis on the latter) enough, they do find success. It often takes a generation to change the world, or even a part of it.

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A National System of National Recreation Areas

National forest ranger districts are so 20th century. They were created in an era when “multiple use” meant logging and grazing—other uses be damned—as local economies were based on exploiting nature. However, in the 21st century, local communities can make more money by helping people enjoy natural values on public lands....

With declining commodity industries and a growing outdoor recreation industry—as well as increased concern for watersheds, ecosystems, and native species—it’s time for a 21st-century management structure for the nation’s national forests. It’s time to replace Forest Service ranger districts with national recreation areas (NRAs) as the fundamental management unit—and to do the same for the Bureau of Land Management (BLM).

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