Congress is considering using the Congressional Review Act to repeal the Bureau of Land Management's resource management plan for the Miles City area.
Critics said the unprecedented move would throw out a modern, science-based plan that balances uses such as grazing and recreation, and could force the state to revert to a decades-old strategy.
David Willms, associate vice president of public lands for the National Wildlife Federation, said the act is a blunt instrument for a complex job.
"The concerns is if a resource management plan is considered a rule under the Congressional Review Act and if that plan is repealed, then the Bureau of Land Management could never create a substantially similar plan in the future, which could complicate land management significantly," Willms explained.
The Miles City plan, which covers more than 440,000 acres, was finalized after a multiyear process, including input from local communities, industry and tribal nations. Proponents, including Republican members of Montana's congressional delegation, argued the plan unfairly restricts coal leasing and energy development and that Congress must check executive overreach.
Willms explained one of the main issues is the coal-leasing provisions in the management plan. He argued instead of using the Congressional Review Act to nullify the entire plan, lawmakers should work with the administration to amend specific parts, a standard process under federal land law.
"There is a process that exist under the Federal Land Policy and Management Act which dictates all of these land-management decisions," Willms emphasized. "If the current administration doesn't like what's in this resource-management plan or certain provisions of it, there is a process to open those back up, take the scalpel to it and address those specific concerns that they have."
If the repeal is successful, it could prevent the BLM from creating a substantially similar plan in the future, potentially locking in outdated management practices for years to come.
