What: On September 11, 2025, the U.S. Department of the Interior, Bureau of Land Management (BLM) published a proposed rule (“proposed rescission”) that, if adopted, will rescind the May 9, 2024, final rule Conservation and Landscape Health Rule (2024 Rule).
Why: The 2024 Rule added conservation as a “use” within the framework of the Federal Land Policy and Management Act. In the proposed recission, the BLM states the 2024 Rule is unnecessary and violates existing statutory requirements. The BLM also states the 2024 Rule undermines the BLM’s management of public lands.
Furthermore, the BLM certified that the 2024 Rule would not have a significant economic impact on a substantial number of small entities but provided no factual basis for its certification. However, 216,403 public comments were received in response to the 2024 Rule, many expressing concern that the 2024 Rule would have wide-ranging economic impacts that may have been materially underestimated in the BLM’s RFA and economic analysis. The BLM is reviewing those public comments and believes that they may raise important questions about whether the economic impacts of the 2024 Rule were underestimated.
If adopted, the proposed rescission may have a significant economic impact on a substantial number of small entities. The BLM is seeking comments on the economic effects associated with both the 2024 Rule and the proposed rescission, as well as any other reasons to keep or rescind the 2024 Rule. Small entities are encouraged to provide detailed information on direct cost implications and whether any regulatory alternatives would minimize the impact on small entities.
Action: Written comments and information are requested on or before November 10, 2025.
PROPOSED RULE:
Rescission of Conservation and Landscape Health Rule
CONTACT:
Shanerika Flemings
EMAIL:
Regulatory Alerts
Is your small business or entity being impacted by a proposed rule? If yes, write a comment letter to the proposing agency.