Ag Alert. July 19, 2023

Land Continued from Page 3

the proposed rule and start over, “this time engaging with stakeholders in a forum that would promote open dialogue.” Legislation has been introduced in the House requiring BLM to withdraw the rule. H.R. 3397 would also prevent BLM from issuing a similar rule in the future. An identical bill, SB 1435, was introduced in the Senate. Rancher Curtis, who also serves as president of Modoc County Farm Bureau, said BLM’s proposals are of such magni- tude that they should be vetted through an environmental impact statement rather than introduced as simply a rule change. He said the proposed changes could have significant economic, social and cultural impacts in rural communi- ties such as Modoc County, which relies heavily on public lands for grazing and forestry activities. “It’s a big deal,” he said. “We’re sur- rounded by the forest. It’s an integral part of our local economic stability. Our econ- omy is dependent to a great extent on the decisions that the agencies make on how they manage their ground, or in some cas- es the decisions they don’t make.” If the proposed rule is adopted, it is widely expected that BLM will face legal challenges. By creating conflict between multiple uses and among existing statutes, the agricultural coalition in its letter said BLM “has proposed a system where litiga- tion is inevitable.” Conflicts that could arise between con- servation lease holders and other permit- tees would certainly result in litigation, Curtis said. He noted several attorneys general from western states have already said they would sue. If BLM chooses not to withdraw the rule, he said, “at least stop the process and have some additional discussion.” (Ching Lee is an assistant editor of Ag Alert. She may be contacted at clee@cfbf.com.)

throughout the proposed rule that it estab- lishes internal conflict with other programs and creates unnecessary conflict among users of public lands. “The proposed rule clearly contem- plates, and the agency has confirmed, that the compatibility assessment under the proposed conservation leasing sys- tem will necessarily require the agency to pick winners and losers in the exist- ing land management structure,” the groups said. “We’re surrounded by the forest. It’s an integral part of our local economic stability.” —Sean Curtis Modoc County rancher The coalition also voiced objections to BLM’s attempt to create new uses of public lands under the Federal Lands Policy and Management Act, or FLPMA. Congress, not BLM, the groups said, has primary au- thority to manage and create uses on pub- lic lands. The coalition further pointed out that Congress did not authorize elevating conservation activities as a “use” covered by FLPMA. “There are red flags both in policy and process from BLM,” said American Farm Bureau President Zippy Duvall. BLM held five public meetings on the proposed rule, two of which were virtual, including in California. In a let- ter to BLM, California Farm Bureau President Jamie Johansson called the sessions “deficient” because “they lacked meaningful dialogue,” noting that BLM could not answer many questions related to the rule’s implementation. Johansson’s letter urged BLM to scrap

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