Final BLM Planning 2.0 Rule Released

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The Bureau of Land Management (“BLM”) has released its final Planning 2.0 rule for publication in the Federal Register.  It will be effective 30 days after publication.  The rule is here.

The rule represents a comprehensive change to the planning process because it focuses on planning on a landscape scale. One of the significant questions raised by this new focus is, who will determine the appropriate land use plan?  In particular, when and to what extent will states have input into those land use plans (especially for ones located entirely within a state)?

The rule also dramatically changes the public notice and comment process for land use planning.  For instance, the rule requires public notice and comment of preliminary planning areas prior to publication of the notice of intent in the Federal Register.

The BLM also anticipates releasing a draft planning process guidance handbook in 2017.  More information about BLM’s plans can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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