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Curses, Foiled Again!
Hello all, and welcome to the “Curse of the Lost Cause” – a series of posts that look at past Federal Land Policy and Management Policy Act (FLPMA) lands laws and policies, their potential impact on the wilderness and future wilderness planning, and whether their potential for serious conflict and litigation should be a concern to the U.S. Wilderness Society and our members and supporters.
Over the past 50 years, Congress has issued hundreds of land use and policy laws in conjunction with and in response to land use disputes and litigation relating to FLPMA. It is time to look at the various legislated land policies and make sure they work for the environment and our lands.
Sometimes people argue that we should make these laws disappear because they will never be implemented properly (just like you and me, they think of bad things happening). Well, let’s look at this and see what happens.
The Wilderness Act
You may have heard that the Wilderness Act has been repealed (you can find out more from the Wilderness Society’s About page). However, that is not totally true. The Act of 1964 prohibits, to a very limited extent, the inadvertent conversion of any wilderness to non-wilderness (which is not a standard that the Wilderness Act required). The Wilderness Act also requires all wilderness withdrawals to be managed to preserve and protect wilderness values. However, the 1994 Senate Committee on Energy and Natural Resources Report’s, “Wilderness Management Policies and Procedures – Report of the Senate Committee on Energy and Natural Resources,” noted that the wilderness designation of the 1972 FLPMA has been almost completely repealed and made the purposes and management of wilderness very narrow. There is no need to expand the wilderness boundaries and no need to designate new wilderness – we should manage wilderness as wilderness.
In addition, the Wilderness Act requires a comprehensive land use plan be developed for the future. The lands affected, whether they are new wilderness or not, are also required to be managed in compliance with that land use plan. The FLPMA’s “Land Resource Management Plans” (LRMPs) are required to be developed by federal agencies and must be periodically updated.
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