Wildlands has no statutory authority

Herzog

somewhat damaged
Admin
Location
Wydaho
http://www.ecprogress.com/index.php?tier=1&article_id=10660

By PHIL FAUVER
Staff writer

Administration admits it doesn't have statutory authority to prioritize wild lands over other uses

WASHINGTON, D.C.-During a Natural Resources Committee hearing on the administration's "Wild Lands" order, Chairman Doc Hastings questioned Bureau of Land Management Director Bob Abbey on the administration's legal authority to prioritize "wild lands" above other multiple-uses of BLM lands.

Under the Secretarial Order No. 3310, Secretary Salazar directed BLM to re-review its land inventories to further identify lands with wilderness characteristics. Under the secretary's order, these lands would be designated as wild lands and the agency's resource management plans would be adapted to reflect this new category.

Except in wilderness areas and wilderness study areas, most BLM land is managed for multiple-uses in order to obtain both economic and conservation benefits as required by law.

By focusing solely on wilderness values in the secretary's directive the administration is elevating wilderness areas above other multiple-purpose uses.

Director Abbey admitted that the administration does not have statutory authority to elevate "wild lands" above other uses. When questioned, Abbey states, "I'm not sure it exists statutorily."

Designating an area as Wilderness imposes the most restrictive land use policies and places severe limitations on public access, prohibits many popular forms of recreation and severely restricts job-creating and energy-producing activities.

That is why, under the Wilderness Act of 1964, only Congress has the authority to designate wilderness areas.
 

Tacoma

Et incurventur ante non
Location
far enough away
got an alert on my phone earlier today. This is good news, and will hopefully stop them from overstepping their bounds to some extent.

Despite what Abbey may say, this order does create 'de facto wilderness'. I'm glad to read this article. :D
 

ID Bronco

Registered User
Location
Idaho Falls, ID
This is from an Idaho Congressman who has hosed us in the past but this was better news:

Recently in Washington

Last week the House passed H.R. 830, the FHA Refinance Program Termination Act, which eliminated a new program that was created under the Dodd/Frank Wall Street Reform Act, and H.R. 836, the Emergency Mortgage Relief Program Termination Act, which ended a government program that used $8 billion in TARP funds. Congressman Simpson supported both of these bills.
Simpson Questions Secretary Salazar on Wild Lands Policy
Appropriations Subcommittee Chairman examines Department of Interior’s FY12 budget request, policies
Congressman Mike Simpson, who chairs the House Interior and Environment Appropriations Subcommittee, questioned Interior Secretary Ken Salazar regarding domestic oil production, the cost of environmental litigation, and the Secretary’s controversial “Wild Lands” initiative. Last week’s oversight hearing gave Chairman Simpson and other members of the subcommittee the opportunity to examine the President’s FY2012 budget request for the Department of the Interior.
Simpson again expressed deep concern about the Obama Administration’s Wild Lands initiative. “It’s no secret that Western Members of both parties—including myself—have very strong objections to your Wild Lands Secretarial Order granting the BLM the authority to identify and manage lands in the West as wilderness,” said Chairman Simpson. “Only Congress has the authority to designate wilderness, and I can guarantee you that any subcommittee bill this year will include a funding prohibition relating to the Wild Lands policy, whether it is included in the underlying bill or added on the floor with an amendment.”
Simpson included language in the recently-passed continuing resolution prohibiting the Department from using funding to implement the Wild Lands policy. “You say that this is intended to reduce the number of lawsuits you face, but I’m afraid it’s only going to increase lawsuits,” he argued. “We are already spending far too much taxpayer money in courts, money that we should be spending managing these lands so that they can be enjoyed by the public.”
During the hearing, Secretary Salazar also addressed questions regarding efforts to recover the Rocky Mountain wolf population. He stated that it is the Department’s view that the Rocky Mountain wolf species has been recovered, and he commended Simpson’s efforts to return management of the species to states like Idaho with approved management plans.
To watch videos of Chairman Simpson at the hearing, visit his YouTube website.
Simpson Critiques BLM Budget that Robs Resource Management
Appropriations Subcommittee Chairman questions BLM budget decisions, policies
Congressman Mike Simpson, Chairman of the House Interior and Environment Appropriations Subcommittee, questioned BLM Director Bob Abbey last week regarding a number of issues, including the Wild Horse and Burro program, grazing on public lands, and the Administration’s new “Wild Lands” policy. Simpson’s subcommittee examined the President’s FY2012 budget request for the Bureau of Land Management.
One of Simpson’s biggest criticisms of the budget request is the fact that it diverts funding from land management accounts in order to fully fund land acquisition accounts. “With the current budget crisis facing our country, I find it puzzling that the BLM requests $50 million for land acquisition and $1 billion for the new America’s Great Outdoors initiative when it has difficulty managing the land it already holds,” said Chairman Simpson. “I’m deeply concerned that this proposal will exacerbate an already out-of-control problem facing the BLM, and that is the increasing cost of litigation. When you shift resources from land management to acquisitions, you are unable to provide the land managers in your field offices with the resources they need to make environmentally sound decisions, leaving the door wide open to groups looking for any opportunity to sue.”
Chairman Simpson also expressed concern about the fact that the BLM is unable to track payments that go out under the Equal Access to Justice Act, which allows those who win lawsuits against the government to recoup their legal costs. “I find it incredible that these fees come out of your budget, but you can’t track them,” said Simpson. “How can you possibly operate responsibly when you have no idea how much money is coming out of your budget to pay for lawsuits?”
Simpson recently joined other Western members in requesting a study by the Government Accountability Office on payments under EAJA.
During the hearing, Simpson also spoke about his frustration about the ever-increasing costs of the BLM’s Wild Horses and Burros program. The President’s budget request includes a $11 million increase over current funding, and Simpson questioned whether the agency would be able to put the program on a sustainable path in the future.
Simpson Examines Forest Service Budget Request
Congressman Mike Simpson, Chairman of the House Interior and Environment Appropriations Committee, questioned Forest Service Chief Tom Tidwell Friday regarding a major shift in priorities for the Forest Service. The hearing gave Simpson and other subcommittee members the budgetary opportunity to examine President Obama’s budget request for the U.S. Forest Service for FY2012.
“I recognize the value of providing opportunities for people to connect with our forests, National Parks, and amazing natural resources, but it doesn’t make sense to me that we would dramatically increase land acquisition instead of focusing our limited resources on desperately needed efforts to improve forest health,” said Simpson. “At a time when our forests are significantly overstocked and unhealthy, the Forest Service proposes reducing spending on hazardous fuels, forest health, grazing, and fire suppression. Many of these programs support private jobs in rural communities—from ranching and forestry to recreation and wilderness management—and should be a priority.”
Chairman Simpson and Chief Tidwell discussed the value of responsible land use in the West to forest management and the impact of the President’s budget request on rural communities. When Simpson expressed concern about the impact of closing grazing allotments in the Payette National Forest, the Chief pointed out that the livestock industry provides enormous benefits to wildlife habitat and ecosystem management.
Similarly, Simpson expressed appreciation that the Forest Service included funding for the Secure Rural Schools program in the FY12 budget request, but he was concerned that the Administration’s proposal robs from other accounts critical to rural communities in order to do so. The program’s authorization expires on September 30. “The Secure Rural Schools program is critical for many rural counties in the west,” said Simpson, “but I am concerned that this proposal moves this program from mandatory to discretionary spending, essentially taking funding away from fire and hazardous fuels reduction, upon which counties in Idaho also depend.”
During the hearing, Simpson also discussed his concern about the Forest Service’s cost recovery program, ongoing travel management planning, and efforts to consolidate budget line items.
 
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