Act of Congress to protect over 27 million acres of wilderness

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In the first major wilderness legislation in almost half a century, Congress has voted to protect an additional 3,125 square miles of public land.  The Omnibus Public Land Management Act of 2009 is a package of more than 160 public lands, water, and resource bills.  It was passed with majority support from both parties, after an unsuccessful filibuster by Republican Senator Tim Coburn.

The additions will provide protection in over 40 new and existing areas around the US, mainly in the West.  The National Wilderness Preservation System, The National Landscape Conservation System, the National Wild and Scenic Rivers System, the National Trails System, the National Parks System (NPS), and National Heritage Areas will all benefit.

The National Landscape Conservation System (NLCS), first proposed in 2000, has finally been recognized by Congress as a result of this act.  It is the first new system of conservation lands in decades. 

The NLCS, a branch of the Bureau of Land Management (BLM), will protect and preserve the department's most precious landholdings.  It includes over 850 areas and 27 million acres.

There are many reasons why this legislation is hugely important.

First of all, it provides a higher level of conservation to lands which did not receive it before.  The BLM, especially, was created to manage the US government's natural resources (energy, grazing, mining, etc.), not to protect the environment.  The fact that the BLM (as well as the United States Forest Service (USFS), which manages timber), oversaw so many pristine landscapes was one of the reasons that the original wilderness legislation of 1964 was passed in the first place.

An innovative feature of the NLCS - and one that has been in dire need for a long time - is its designations for entire ecosystems - not just small tracts of land which fragment migration areas.  In the past, this issue has been problematic.  Species that receive protection within an area, lose it as soon as they leave, and so are at risk from human developments and poaching.

The Act also has provisions for major headwaters around the Western US.  The headwaters of the Snake River in Wyoming and the South Platte River are a couple of examples.

But despite the overwhelming positives of adding new lands and protection systems, the Act could still cause complications.

The Wilderness Act of 1964 included lands from the BLM, USFS, NPS, and the US Department of Fish and Wildlife.  These are four organizations with four completely different sets of goals.  All of the lands added to the Wilderness Preservation System created by the act were operating under the same legislation.  But each department had their own interpretation of the legislation, which has led to disagreements and disparities in the past.

Additional measures under this new legislation provide for the Trails, National Hertiage, and Scenic Rivers systems.  All of these operate under the NPS.  The NLCS operates under the BLM, and this is yet another system, more added to the confusion we already have.

For the Public Land Management Act to be truly successful, each of these units is going to have to work together more cooperatively - especially where ecosystems cross departamental boundaries.  They will need to communicate more effectively on issues of science, recreation, endangered species protection, clean air, clean water....

The Clean Air and Clean Water Acts see updates every decade or so.  The wilderness system acts will need to see the same thing if these areas are to see protection in the decades to come.

See this editorial from the SF Chronicle.  According to the article, "Because the system was created by an administrative order, it could just as easily be undone by a future president."  Let's hope not.

For sources, see this Daily Green article and this piece by the Conservation System Alliance.  Also, the text of the legislation (above).