Clarification and Interim Guidance for Consideration of Areas of Critical Environmental Concern Designations in Resource Management Plans and Amendments

Designation and management of ACECs advance the multiple use and sustained yield goals in FLPMA. ACEC Manual 1613 (MS-1613, rel. 1-1541) is under revision. Until the revised manual is published, the following policy clarifications and guidance are to be used, in conjunction with applicable law, regulation, and the existing MS-1613 policy, to guide the designation and management of ACECs.

Inventory

BLM state offices should ensure that inventories used to obtain information and data on the relevance and importance of values, resources, systems or processes, and natural hazards (MS-1613.21(B)) are kept current consistent with section 201(a) of FLPMA “so as to reflect changes in conditions and to identify new and emerging resource and other values” (43 USC 1711(a)). Inventories and subsequent monitoring should be performed and updated on intervals appropriate to the resource value sensitivity to ensure data are available to identify trends and emerging issues during the plan evaluations that occur every 5 years (43 CFR 1610.4-9; MS-1613.63; Handbook-1601-1, Land Use Planning, rel. 1-1693). State offices should consider whether there have been rapid changes to the subject landscapes, such as from drought or wildland fire, when determining what is an “appropriate interval.”

Relevance and Importance

BLM regulations direct evaluation of criteria for relevance and importance when considering whether to designate an area as an ACEC (43 CFR 1610.7-2(a)). When a BLM state office considers whether values are found to meet the criteria for relevance and importance (MS-1613.21(B)(1)-(5)), it should, to the extent consistent with applicable law and regulation, evaluate whether relevant values contribute to landscape intactness, climate resiliency, habitat connectivity, or opportunities for conservation or restoration, or have substantial significance to Tribes or Alaska Native Corporations, as defined in the Alaska National Interest Lands Conservation Act (ANILCA), in a way that may support Tribal co-stewardship or traditional and customary uses.

Special Management Attention

The BLM must also evaluate the need for special management attention to protect relevant and important values when considering whether to designate an area as an ACEC (MS-1613.11). Where the authorized officer finds that an area meets the criteria for relevance and importance and determines that special management attention may be needed but a planning process governing that area is not underway or imminent, the authorized officer has discretion to provide temporary management and implementation actions to protect values in that area, as long as the actions are consistent with applicable law, regulation, and the approved RMP, until an evaluation can be completed during planning (MS-1613.21(E)). Upon starting the development, revision, or amendment of an RMP for which designation of ACECs is within the scope of the amendment, all areas in the planning area that have relevant and important values and may require special management attention must be considered for potential designation as an ACEC. If, during a planning process, the authorized officer finds that the criteria for relevant and important values are met but determines that special management is unnecessary (or, for existing ACECs, no longer necessary) to protect those values, then the authorized officer will ensure the contemporaneous decision file contains appropriate justification for the determination and is appropriately considered through the accompanying National Environmental Policy Act analysis.

This justification will be provided to the Assistant Director for Resources and Planning
(HQ-200) prior to the completion of the planning process. Documentation will address how the relevant and important values are otherwise protected.

Federal Register Notification

If a Draft RMP, Draft RMP Revision, or Draft RMP Amendment involves ACECs, BLM regulations require state directors to publish a notice in the Federal Register listing “each ACEC proposed and specifying the resource use limitations, if any, which would occur if it were formally designated” (43 CFR 1610.7-2(b); MS-1613.32). State offices should include in the description of each ACEC proposed in the notice, whether the designation of the ACEC and subsequent management prescriptions would provide for conservation or restoration opportunities, or the opportunity to advance Tribal co-stewardship or traditional and customary uses.

Management Reporting

State directors are required to provide annual status reports on ACECs (MS-1613.65). These reports provide “for each ACEC: name of the ACEC; size (in hectares and acres); date of designation; identification of applicable land use plan; relevant and important values being protected; implementation actions accomplished during the previous fiscal year; whether or not an activity plan is deemed necessary and, if so, whether or not it has been prepared; and scheduled implementation measures for the ensuing fiscal year.” States should deliver these reports to the Assistant Director for Resources and Planning (HQ-200) via the Land Use Planning Program Lead by the deadline established in MS-1613.65 of October 15 of each year. To facilitate submission, the Division of Decision Support, Planning, and NEPA has developed an online submission portal located on the ACEC SharePoint page. States are to use the ACEC Annual Status Report Template provided on this same SharePoint page for compiling the reports to upload.