National Conservation Lands 2011 Policy Handbook

Transcription

1 National Conservation Lands 2011 Policy Handbook Gila Grand Box Staircase-Escalante Riparian National National Conservation Area, Monument, AZ UT

2 Trinity Wild and Scenic River, CA National Conservation Lands Policy Handbook February 2011 Conservation Lands Foundation th Street, Unit 2 Durango, CO The original Policy Handbook was developed in April of 2010 in consultation with The Wilderness Society, National Trust for Historic Preservation and the Conservation Lands Foundation. The handbook has been updated to include policy changes over the last year. National Trust for Historic Preservation 1785 Massachusetts Ave., NW Washington, DC For more information about the National Conservation Lands please visit The Wilderness Society 1615 M St., NW Washington, DC THE-WILD To obtain a PDF version of the Handbook or any portion thereof, please contact Danielle Murray at: danielle@conservationlands.org x12 All photo s are courtesy of Bob Wick/BLM. 2

3 National Conservation Lands Policy Handbook 1. Introduction 4 2. National Conservation Lands at a Glance 5 3. Map of the Conservation Lands 6 4. History of the Conservation Lands 7 5. Defining Principles of the Conservation Lands 9 6. Secretarial Order Needed Policy Directives Standard Resource Management Plan Language Standard Legislative Language 19 Carrizo Plain National Monument, CA 3

4 1. Introduction In 2000, lands managed for conservation by the Bureau of Land Management (BLM) were brought together as the National Conservation Lands (officially known as the National Landscape Conservation System)- the most innovative American land system created in the last 40 years. The 27 million-acre National Conservation Lands, include some of the most spectacular scenic, natural, cultural, historical and archeological places in our country. The National Conservation Lands conserve the essential fabric of the West, by playing a role in protecting lands, water, and wildlife for future generations. In 2009, as part of the Omnibus Public Lands Management Act, Congress permanently established the National Conservation Lands (P.L ), recognizing the importance of protecting our nation s unique heritage and natural places. In November of 2010, Interior Secretary Ken Salazar issued Order No. 3308, which emphasizes on conservation management of the National Conservation Lands and elevates their stature by creating a new Directorate within the BLM. As the steward of the National Conservation Lands, the Department of the Interior and the Bureau of Land Management have the opportunity and responsibility to set strong policy directives through proper implementation of Secretarial Order No and conservation improvements on the ground. Purpose of the Policy Handbook The 2011 Policy Handbook sets forth overarching conservation principles, suggestions for implementing the 2010 Secretarial Order, and recommended language for expansion bills and resource management plans (RMPs) for the National Conservation Lands. We believe these policy and management recommendations are necessary to ensure adequate protection and advancement of our National Conservation Lands. The Handbook is meant to help inform and guide our partner groups, the Bureau of Land Management, the Department of the Interior, and anyone interested in improving the management of the National Conservation Lands. 4

5 2. our National Conservation Lands The National Conservation Lands are a permanently protected collection of public lands set aside for current and future generations because of their outstanding cultural, ecological and scientific importance. The Conservation Lands contain spectacular red rock canyons, ancient archaeological sites, National Monuments, remote Wilderness areas, Historic Trails and Wild and Scenic rivers. They reflect our new understanding that truly conserving natural and cultural values means protecting large landscapes, entire ecosystems and archaeological districts. The National Conservation Lands provide the increasingly rare opportunity for Americans to escape crowds and create their own outdoor adventures in the wild beauty of the West, as well as providing unique resources for scientists and students of all ages to study. The National Conservation Lands at a Glance* Category Area Number Acres Miles Monuments and Conservation Areas National Monuments 16 4,815,760 National Conservation Areas 16 4,112,798 Similar Designations 5 435,829 Wilderness Wilderness Areas 222 8,662,214 Wilderness Study Areas ,790,291 Wild and Scenic Rivers 67 1,164,014 2,419 Trails National Historic Trails 10 5,342 National Scenic Trails TOTALS 886 Approx. 27 million Red Cliffs National Conservation Area, UT * Chart Provided by the BLM (Data as of July 2009) 5

6 Organ Mountains Wilderness Study Area, NM 6

7 4. History of the National Conservation Lands The BLM is the steward of many of the great landscapes of the American West. Having such an extraordinary set of resources under its care requires us to think far into the future about managing those resources. Bruce Babbitt In a Speech to BLM Congress passes the Antiquities Act giving the President the authority to designate national monuments Congress enacts the Wilderness Act Congress enacts the National Trails System Act and the Wild and Scenic Rivers Act. Designated trails and rivers will eventually become part of the National Conservation Lands Congress passes the King Range Act, designating the King Range National Conservation Area (NCA) in California, the first NCA that will later become part of the Conservation Lands Congress enacts the Federal Land Policy and Management Act (FLPMA), which sets in motion the designation of hundreds of wilderness study areas Congress establishes the California Desert Conservation Area Congress establishes the Klamath Wild and Scenic River and the Steese Mountain NCA in Alaska. Congress establishes the Yaquina Head lighthouse and the surrounding area in Oregon as an outstanding natural area Congress establishes El Malpais NCA in New Mexico Congress establishes the San Pedro Riparian NCA in Arizona and the North Fork Owyhee Wild and Scenic River in Oregon Congress establishes the Gila Box Riparian NCA in Arizona and the Red Rock Canyon NCA in Nevada Congress establishes the Snake River Birds of Prey NCA in Idaho President Clinton designates Grand Staircase-Escalante National Monument in Utah, the first national monument to be managed by the BLM In the twenty years since the enactment of FLPMA, Congress designates 135 BLM Wilderness Areas. Headwaters Forest Reserve, CA 7

8 1999 Congress establishes the Headwaters Forest Reserve in California and the Gunnison Gorge NCA in Colorado President Clinton designates eight additional BLM national monuments. Congress establishes Santa Rosa and San Jacinto Mountains National Monument, Las Cienegas NCA, Colorado Canyons NCA (later renamed McInnis Canyons NCA), Black Rock Desert-High Rock Canyon Emigrant Trail NCA in Nevada, Steens Mountain Cooperative Management Protection Area in Oregon, and the Kiger Creek and Wildhorse Creek wild and scenic rivers in Oregon Interior Secretary Bruce Babbitt signs an administrative order creating the National Landscape Conservation System in order to conserve, protect, and restore these nationally significant landscapes that have outstanding cultural, ecological, and scientific values for the benefit of current and future generations President Clinton designates Carrizo Plain, Pompeys Pillar, Upper Missouri River Breaks, Sonoran Desert and Kasha-Katuwe Tent Rocks National Monuments Congress establishes the Sloan Canyon NCA in Nevada Congress establishes the bi-partisan National Landscape Conservation System Congressional Caucus. Twenty-two additional bi-partisan members of Congress join the caucus that year Congress introduces a bill which would permanently establish the National Landscape Conservation System The House of Representatives passes the National Landscape Conservation System Act. Congress establishes the Jupiter Inlet Lighthouse and surrounding area in Florida and the Piedras Blancas Lightstation and surrounding area in California as Outstanding Natural areas President Obama signs the Omnibus Public Land Management Act of 2009, which includes a bill to permanently establish the National Conservation Lands. Additionally, the legislation adds 30 wilderness areas, four national conservation areas and one national monument to the National Conservation Lands Secretary Salazar issues Order No which places an emphasis on conservation management of the National Conservation Lands and establishes a new BLM directorate: National Landscape Conservation System and Community Partnerships. Red Cliffs National Conservation Area, UT 8

9 5. Defining Principles of the National Conservation Lands In his order creating the National Landscape Conservation System (referred to here as the National Conservation Lands), Interior Secretary Bruce Babbitt outlined a clear vision for how the Conservation Lands should be managed. Additionally he articulated how they are different from other protected lands systems and how the Bureau of Land Management could evolve into an agency recognized for its conservation management. (Bruce Babbitt, Secretary of Interior, Remarks at a BLM Interactive Town Hall Meeting (Mar. 24, 2000)). The following defining principles of the National Conservation Lands are drawn from Secretary Babbitt s overall vision, as well as from the collective input of many organizations that foster that vision. Vision Statement: Conservation, protection and restoration of ecological resources and the protection of cultural resources is of paramount importance. Inclusion of lands within the National Conservation Lands will guarantee these protections. Principles: The National Conservation Lands are a permanent, innovative and distinctive system of protected public lands and waters that stands proudly alongside the National Park System and the National Wildlife Refuge System as part of our national heritage. The National Conservation Lands protect the largest tracts of natural landscapes practicable and includes entire ecosystems and archeological districts rather than small, isolated artifacts or parcels. Lands within the National Conservation Lands remain undeveloped. Visitor services, including visitor center facilities, lodging and other accommodations are located in the communities adjacent to Conservation Lands. The conservation and protection of the National Conservation Lands is a top priority within the Bureau of Land Management. The National Conservation Lands are managed to ensure ecological connectivity in context with surrounding landscapes to maintain biodiversity. The BLM integrates habitat connectivity, the migratory needs of wildlife, and the anticipated impacts of climate change in its management plans and decisions. The National Conservation Lands include natural landscapes, native biodiversity, and nationally significant historic and cultural resources. Visitors to the National Conservation Lands enjoy a unique, self-directed experience with minimal on-site developed interpretation. The National Conservation Lands are an outdoor laboratory, where scientific research and the application of science to land stewardship and restoration is emphasized, encouraged and supported. 9

10 Policy Standards & Recommendations Organ Mountains Wilderness Study Area, NM 10

11 THE SECRETARY OF THE INTERIOR Washington ORDER NO SIGNATURE DATE: November 15, 2010 Subject: Management of the National Landscape Conservation System Sec. 1 Purpose. This Secretary s Order (Order) seeks to further the purposes of the Omnibus Public Land Management Act of 2009 (Act), which established the National Landscape Conservation System (NLCS) under the jurisdiction of the Bureau of Land Management (BLM) in order to conserve, protect, and restore nationally significant landscapes that have outstanding cultural, ecological, and scientific values for the benefit of current and future generations, and the President s initiative on America s Great Outdoors. Sec. 2 Background. The BLM is the steward of many great American landscapes. As the population in the West continues to grow, there is an ever increasing need to conserve the open spaces that are a unique and priceless part of America s heritage. America s evolving land use needs resulted in the bipartisan passage of the Act. The Act permanently established the NLCS as an integral part of the BLM. The NLCS contains many of our Nation s most treasured landscapes, including scientific, historic and cultural resources, wilderness and wilderness study areas, wild and scenic rivers, national monuments, national conservation areas, and scenic and historic trails, among others. The BLM has the challenging mission of balancing the myriad competing land and resource uses, and remains committed to making the public lands and resources available for a wide variety of uses. This Order recognizes that conservation of this Nation s rich natural and cultural heritage is an equally important land management objective, and an integral part of the BLM s multiple-use mission. Conservation is a long-term investment that provides quality of life and economic benefits for current and future generations. Sec. 3 Authority. This Order is issued in accordance with the authorities contained in: Reorganization Plan No. 3 of 1950, as amended, 5 U.S.C. 301, 43 U.S.C. 1451, 1453; Federal Land Policy and Management Act of 1976, 43 U.S.C et seq.; and the Omnibus Public Land Management Act of Sec. 4 Policy. a. The BLM shall ensure that the components of the NLCS are managed to protect the values for which they were designated, including, where appropriate, prohibiting uses that are in conflict with those values. If consistent with such protection, appropriate multiple uses may be allowed, consistent with the applicable law and the relevant designations under which the components were established. b. The NLCS components shall be managed as an integral part of the larger landscape, in collaboration with the neighboring land owners and surrounding communities, to maintain biodiversity, and promote ecological connectivity and resilience in the face of climate change. c. Components of the NLCS shall be managed to offer visitors the adventure of experiencing natural, cultural and historic landscapes through self-directed discovery. d. Science shall be integrated into management decisions concerning NLCS components in order to enhance land and resource stewardship and promote greater understanding of lands and resources through research and education. e. The NLCS shall serve as a place to build and sustain diverse communities of partners and volunteers dedicated to conserving, protecting, restoring, and interpreting our natural and cultural heritage. 11

12 c. Components of the NLCS shall be managed to offer visitors the adventure of experiencing natural, cultural and historic landscapes through self-directed discovery. d. Science shall be integrated into management decisions concerning NLCS components in order to enhance land and resource stewardship and promote greater understanding of lands and resources through research and education. e. The NLCS shall serve as a place to build and sustain diverse communities of partners and volunteers dedicated to conserving, protecting, restoring, and interpreting our natural and cultural heritage. f. The NLCS shall recognize the importance of a diversity of viewpoints when considering management options. Accordingly, the NLCS shall be managed from an interdisciplinary perspective. In so doing, the NLCS shall draw upon the expertise of specialists throughout the BLM, in coordination with the tribes, other Federal, state, and local government agencies, interested local landowners, adjacent communities, and other public and private interests. When seeking these viewpoints, the NLCS must consider the requirements of the Federal Advisory Committee Act, and any other applicable laws and regulations. g. The NLCS shall endeavor to inspire the next generation of natural resource and public land stewards by engaging youth through education, interpretation, partnerships, and job opportunities. Sec. 5 Organizational Changes. The BLM shall establish a new directorate, called the National Landscape Conservation System and Community Partnerships, to replace the Office of the National Landscape Conservation System and Community Partnerships. The BLM shall initiate the process to establish this directorate within 120 days of the date of this Order. Sec. 6 Implementation. The Director of the BLM is responsible for ensuring implementation of this Order. Sec. 7 Expiration Date. This Order is effective immediately and will remain in effect until its provisions are converted to the Departmental Manual or until it is amended, superseded, or revoked, whichever occurs first. SO# /15/10 /s/ Ken Salazar Secretary of the Interior 12

13 7. needed Policy Directives from BLM In accordance with Secretarial Order 3308 and implementation directives, the Department of Interior and BLM should clarify and establish conservation guidelines for the following: 1) Road Networks- Secretarial Order 3308 states that the National Conservation Lands should be managed to conserve, protect and restore the outstanding cultural, ecological and scientific values and nationally significant landscapes including, where appropriate, prohibiting uses that are in conflict with those values. Legislation designating National Monuments and National Conservation Areas and Presidential proclamations creating National Monuments prohibit use of motorized or mechanized travel off road in order to protect resources. Despite the clear intent of this prohibition, there are several resource management plans that sanction off-road use through ambiguous and illegal definitions of the term road. As a result, many areas within the National Conservation Lands are scarred by excessive road networks that fragment wildlife habitat and harm fragile cultural resources. BLM should mandate that travel management plans limit motorized use to designated roads and restore unnecessary motorized routes and trails in the National Conservation Lands. All routes determined to be primitive roads should be closed. National Environmental Policy Act (NEPA) guidance on the reasonable range of transportation alternatives should include at least one alternative that would close all motorized roads and trails in the area. (see #4, pg 14) 2) Protection of Cultural Resources- Secretarial Order 3308 states that cultural resources are an integral part of the National Conservation Lands and they should be protected and conserved for current and future generations. Every unit within the National Conservation Lands contains cultural sites and most of the National Monuments were proclaimed, at least in part, because of cultural sites within them. Unfortunately, only 8% of lands managed by the BLM have been surveyed for cultural resources. As a result, the BLM has inadequate information about the number and kinds of resources it must protect and the best ways in which to protect them. The BLM should inventory each unit of the National Conservation Land, through its own efforts and/ or through partnerships with other researchers. Inventories should include information about the site condition and visitor access so that effects of visitation and natural processes can be monitored and prevented, as appropriate. For example, cultural resources that are demonstrably being adversely affected should be protected through area and motorized route closures and through the prohibition of grazing, development and other conflicting uses. In locations that have not yet been inventoried for baseline conditions, the BLM should monitor sample locations and sites for adverse effects. If those are seen, the BLM should consider the same kinds of closures and prohibitions. Lastly, BLM should rescind (or deem inapplicable to the National Conservation Lands) BLM IM ( Cultural Resource Considerations for Off-Highway Vehicle Designation and Travel Management ) and require compliance with Sec. 106 of the National Historic Preservation Act prior to the designation of existing routes or areas as open to motorized use. 13

14 3) Ecological Connectivity and the Likely Impacts of Climate Change- Secretarial Order 3308 states that the National Conservation Lands should be managed, to maintain biodiversity, and promote ecological connectivity and resilience in the face of climate change. Traditionally, land management agencies have preserved landscapes with scenic qualities, majestic mountains or recreational opportunities. This approach has left us with a highly fragmented collection of protected lands with many of the most ecologically important areas and habitat corridors left unprotected. Climate change will only exacerbate this problem. As habitats are changing irrevocably, wildlife is forced to disperse beyond their typical ranges. Managing landscapes for their ecological values requires looking at a different set of characteristics to determine how an area fits into the context of the larger natural landscape. BLM must consider, analyze, and develop plans to address the impacts of climate change when undertaking planning exercises, setting priorities, and making management decisions. BLM should: 1) assess and protect potential core habitats on and adjacent to the National Conservation Lands and potential migratory corridors to maintain ecological connectivity (including those that will enable wildlife, as it moves, to pass through urban and developed areas); 2) make the protection of mature and complex elements of the ecosystem, such as desert ecosystems and mature forest stands a top priority as these are both difficult to replace once lost; and 3) incorporate into BLM RMP s provisions to support carbon sequestration and climate change adaptation. Overall, the BLM should manage the areas of the National Conservation Lands to protect, promote and restore habitat for sensitive species, changing habitat ranges, migration routes, habitat corridors and the protection of keystone and sensitive species. 4) Proposed Actions That Fall Under the National Environmental Policy Act (NEPA). As stated above, Secretarial Order 3308 states that the National Conservation Lands should be managed to protect the values for which they were designated, including, where appropriate, prohibiting uses that are in conflict with those values. Alternatives developed by BLM through the review process required by NEPA should comply with the heightened management standards applicable to the National Conservation Lands. If an alternative does not prioritize protection and management of the National Conservation Lands objects or values that alternative should not be carried forward for analysis. The BLM should require that the range of alternatives under NEPA be limited to those that protect the resources for which the unit was created. This should apply to the preparation of resource-management plans (RMPs) and all permitted activities once the RMP is completed. 14

15 8. Standards for Resource Management Plans Congress and the 2010 Secretarial Order have directed the BLM to manage the National Conservation Lands in a manner that protects the values for which the components of the system were designated. (16 U.S.C. 7202(c)(2)). In order to uphold the purposes of the National Conservation Lands and fulfill congressional intent and implementation of the Secretarial Order, BLM should adhere to the following principles during the development of National Conservation Lands RMPs: 1) Prioritize the protection of the National Conservation Lands objects and values over conflicting multiple uses. In 2009, BLM issued Instruction Memorandum on Resource Management Planning for the National Conservation Lands, clarifying that the designating language for a unit of the Conservation Lands supersedes conflicting direction by the Federal Land Policy and Management Act (FLPMA). When developing RMPs for the National Conservation Lands, BLM must recognize that if a conflict exists between the protection mandate of a presidential proclamation or act of Congress and the multiple use mandate of FLPMA, the proclamation or act of Congress must take priority. (see BLM IM ) Examples: Cascade-Siskiyou (CSNM) National Monument Record of Decision (ROD) and RMP (2008). Pursuant to the Antiquities Act, 16 U.S.C , the President dedicated public lands within the Cascade-Siskiyou National Monument to the purposes outlined in the proclamation. The proclamation delineated a purpose for the monument that is more specific than those described for most other BLMadministered lands. The presidential proclamation provides the principal management direction for the monument and identifies many specific species, plant communi ties and other objects of scientific and historic interest in this area. Although important indi vidually, it is the interrelationship of these objects in the context of natural environmental processes that create this diverse ecosystem. Therefore, the overall vision for management of the CSNM is to protect, maintain, restore or enhance relevant and important objects and natural processes. CSNM RMP at 20. 2) Identify and inventory objects and values during the planning process. During the planning process for RMPs, BLM must identify and inventory objects and values and incorporate the results of that inventory into the RMP. (BLM IM & BLM IM ) When BLM is unable to fully inventory one or more objects or values during the planning process (e.g., cultural resources), then BLM should include in the RMP a strategy for completing such an inventory. Example: Agua Fria National Monument (AFNM) and Bradshaw-Harquahala Planning Area Proposed Resources Management Plans (2008). Agua Fria National Monument was established to preserve and protect, for present and future generations, its exceptional scientific and historic resources. These resources are defined in the monument's proclamation (Appendix A) as the objects to be protected: 15

16 Archaeological remnants of prehistoric villages, rock art, agricultural systems, and other sites that composed one of the few remaining systems of prehistoric pueblo communities in central Arizona during the period A.D to A cultural landscape that encompasses several hundred archaeological sites of diverse types within an undeveloped setting. These resources provide outstanding opportunities for scientists to study the interrelationships among prehistoric communities in their social and environmental contexts. Historic sites that reveal the progression of ranching and mining in a rugged area that posed environmental challenges to early settlers. A diverse set of topographic features that support an expansive mosaic of semi-desert grassland, transected by ribbons of rare and valuable riparian forest. A diversity of vegetation communities and water sources that provide habitat for a wide array of wildlife species. AFNM Proposed RMP at 37. 3) RMPs for the National Conservation Lands must implement the specific requirements of the presidential proclamations and acts of Congress. Many of the presidential proclamations and acts of Congress for units of the National Conservation Lands contain specific requirements for managing certain activities and uses in order to protect objects and values, such as prohibiting off-road vehicle use and closing the unit to oil and gas leasing. Thus, in addition to complying with the general requirement of protecting the National Conservation Lands objects and values, BLM must also ensure that National Conservation Lands RMPs comply with the specific protection requirements of the presidential proclamations and acts of Congress. 4) RMPs for the National Conservation Lands must include measures to protect the landscape. BLM must include management standards in RMPs for the National Conservation Lands that protect not only individual objects and values, but also the surrounding landscape and natural ecosystem (16 U.S.C. 7202(a)). Protecting large, intact and healthy landscapes is the principal focus of many of the presidential proclamations and organic acts for National Conservation Land units, which frequently include natural and/or cultural landscapes in the recitation of protected objects and values. Example: AFNM and Bradshaw-Harquahala Planning Area Proposed RMPs (2008). Natural and cultural resources and associated values are protected, restored, and maintained in good condition and managed within the broader context of ecosystems and cultural landscapes. The protection of cultural, biological, and physical resources, which the monument was created for, receives the highest priority in project planning and the management of resources and land uses. AFNM Proposed RMP at 38. 5) All management alternatives must protect the Conservation Lands objects and values. BLM is required under NEPA to develop and evaluate a reasonable range of management alternatives for National Conservation Land RMPs. However, this range of management alternatives is constrained by the requirement that any alternative ultimately selected by BLM must protect the unit s objects and values. For this reason, BLM should only develop and evaluate management alternatives that ultimately provide protection for the National Conservation Land s objects and values. 16

17 Example: CANM Proposed RMP (2009). Alternative development in the [Draft RMP/EIS] occurred to address the needs of present and future generations while, at the same time, adhering to the Proclamation requirement that Monument objects be protected. This approach resulted in a reasonable range of alternatives though a more narrow range than that found in most BLM plans. CANM Proposed RMP at 21. 6) Management Direction for Specific Uses and Resources within the National Conservation Lands. The following management recommendations are for specific resources and uses within units of the National Conservation Lands. Each recommendation is intended to provide BLM with the authority necessary to provide the National Conservation Lands with the level of protection necessary to fulfill conservation mandates prescribed in the unit s establishing document. a) Cultural Resources Require development of a cultural resources management plan, that at a minimum, should prioritize areas for cultural resources inventories based on data gaps and the potential for surface disturbance, provide timetables for completing cultural resources inventories and includes strategies and trigger points for protecting cultural resources from authorized and unauthorized activities. b) Grazing Require an evaluation of whether grazing practices are harming the objects and values for which Congress or the president designated the unit, a determination of whether grazing is compatible with the protection mandate and, if so, how grazing can take place without harming the unit s objects and values and a decision as to whether changes in current grazing practices are necessary to protect the objects and values. c) Lands and Realty Establish priorities for land acquisition with a focus on acquiring: (1) parcels with known objects and values; and (2) interests whose development could harm the unit s objects and values. Work with existing right of way (ROW) holders to relocate outside the unit if possible rather than permitting renewal or expansion of ROWs in existence at time the unit was created. Only permit renewal or expansion of existing ROWs if there is no feasible alternative, if activities can be conducted without harming objects and values and if additional protective measures are imposed as necessary. d) Minerals Close the unit to oil and gas leasing or, at minimum, open limited areas to leasing subject to the maximum protective stipulation(s) (e.g., no surface occupancy) necessary to protect the unit s objects and values from the direct, indirect and cumulative impacts of oil and gas development. Retain express authority to deny applications for permit to drill if a drilling proposal will directly, indirectly or cumulatively harm the unit s objects and values or their surrounding landscape. 17

18 Recommend the unit for a mineral withdrawal. Perform validity determinations before approving plans of operation for hardrock mining. e) Recreation Establish special recreation management areas emphasizing primitive and backcountry experiences consistent with the overall purpose of the unit and National Conservation Lands. Disallow recreational activities, such as target shooting, motorized and mechanized recreation and rock climbing, in areas where harm may occur to the unit s objects and values. f) Transportation Include a legal definition of the term road and prohibit use of motorized or mechanized vehicles anywhere but on roads meeting this legal definition. Prohibit the construction of new roads except for emergency and essential administrative purposes. Develop a minimal road network for the unit that is based on providing the maximum level of protection to the unit s objects and values. Perform cultural resource surveys along routes proposed for designation or defer such designations until cultural resources surveys are complete. g) Visual Resource Management (VRM) Manage lands to VRM Class I or II levels throughout the unit in order to preserve the existing character of the natural and cultural landscape. Allow for VRM Class III or IV levels in limited, narrowly-defined circumstances when no harm will occur to the unit s objects and values or their surrounding landscapes. h) Renewable Energy Notwithstanding any other provisions regarding ROWs, no renewable energy development will be permitted within the unit. 18

19 9. Standard Legislative Language for Additions to the National Conservation Lands The following language provides a set of conservation standards for creating a new legislative unit within the National Conservation Lands. Additions to the National Conservation Lands should have conservation as their primary purpose and this should be expressed both in the title of the legislation as well as in the legislative text. Constancy in naming, i.e. National Monuments and National Conservation Areas is ideal to reinforce that conservation management is the unifying factor for the National Conservation Lands. Off Highway Vehicle Recreation Areas and other Recreation areas managed by the BLM shall not be included or managed as part of the National Conservation Lands. All new legislated additions to the National Conservation Lands should include the following: 1. A strong purposes section: Example: Purpose- The purpose of this section is to conserve, protect, and enhance the ecological, scenic, wildlife, riparian, wilderness, non-motorized recreational, geological, cultural, historical, natural, educational, and scientific resources of Additional specificity regarding protecting site specific ecological and cultural resources should also be included whenever possible. (See Public Law Nov Sec. 201 (a) The Gila Box Riparian NCA purposes section included aquatic species and protection of riparian areas in the purposes section). Purposes such as protecting rangeland, providing future energy rights of way, protecting nonnative species and non-natural landscapes are not appropriate purposes for National Conservation Area designation and should NOT be included within the Purpose section. 2. Requirement for a management plan with specific provisions for protecting the unit s objects and values: Example: Management Plan- IN GENERAL- Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a comprehensive plan for the longterm management of the National Conservation Area in order to fulfill the purposes for which the conservation area is established. The management plan shall include: (1) provisions designed to assure protection of the resources, values and purposes for which the conservation area was created; and (2) a proposal for minimal administrative and public facilities to be developed or improved at a level compatible with achieving the resources objectives for the National Conservation Area and with other proposed management activities to accommodate visitors and researchers to the National Conservation Area. (See Proposed Bill H.R Sec. 2 8(d)(3)(c)(2)). 19

20 Prior to completion of the RMP, the national conservation area should be managed to protect and preserve the features for which the unit was created at a no net loss effect. Please see pg 15 of this Handbook for appropriate Resource Management Plan Language. 3. A Uses Clause that ensures that permitted uses of the area are consistent with the purposes for which it was established: Example: IN GENERAL- The Secretary shall allow only such uses of the National Conservation Area as will further the purposes for which the National Conservation Area is established. (Public Law Dec. 6, 2000 Sec. 5(b) or 114 Stat. 2565) 4. Language restricting off-road vehicles to designated roads: Example: IN GENERAL For the purpose of protection the objects identified in the Purpose Section, all motorized and mechanized vehicle us off road will be prohibited, except for emergency or authorized administrative purposes. The Secretary of the Interior shall prepare a transportation plan that addresses the actions, including road closures or travel restrictions, necessary to protect the objects identified in this legislation. (Proclamation No. 7317, 65 Fed. Reg. 37, 243 (June 9, 2000)) 5. Withdrawal language: Example: Withdrawals- Subject to valid existing rights, all Federal surface and subsurface land within the National Conservation Area and all land and interests in the land that are acquired by the United States after the date of enactment of this Act for inclusion in the Conservation Area, are withdrawn from-- (1) all forms of entry, appropriation, or disposal under the general land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. (Public Law Mar. 30, 2009 sec Management (b) (1-3) or 123 Stat. 1100). 6. Language incorporating acquired lands: Example: Incorporation of Acquired Land and Interests- Any land or interest in land that is located in the National Conservation Area that is acquired by the United States shall become part of the National Conservation Area and be managed in accordance with this Act and the management plan. 7. Language Adding the National Conservation Area to the National Conservation Lands: Example: NATIONAL CONSERVATION LANDS- The Monument/National Conservation Area shall be managed as a component of the National Landscape Conservation System. 20