The Birth, Death, and Afterlife of the Wild Lands Policy: The Evolution of the Bureau of Land Management's Authority to Protect Wilderness Values

Abstract

Since the passage of the Federal Land Policy and Management Act (FLPMA) in 1976, the Bureau of Land Management (BLM) has had a troubled relationship with wild lands, the nation’s last remaining places with wilderness characteristics. While for twenty five years BLM recognized wilderness values as a resource it must balance and could stringently protect consistent with the multiple use mandate, in 2003 the agency largely disclaimed that interpretation, potentially imperiling future protection of wild lands yet undesignated as wilderness or wilderness study areas. Since then, the agency has made incremental – but potentially powerful – steps toward reclaiming a view of its authority that could afford more protection for yet-undesignated wild lands. Although BLM’s current policy does not authorize strong “default” protection for wild lands as before, it does direct the agency to survey and consider wild lands in all land plans and project approvals. This article traces the evolution of BLM’s interpretation of its duty and authority under FLPMA to manage lands with wilderness characteristics. The article concludes that, while over time BLM’s view of its responsibility toward yet-undesignated wilderness has narrowed, the recent controversial Wild Lands Policy and ensuing agency guidance re-acknowledge wilderness values as a legitimate FLPMA resource to be protected. It remains to be seen if and how the agency will use its reclaimed authority to meaningfully protect the nation’s remaining vulnerable wild lands.