with the terms of the Order in a number of ways, among them by providing for blanket designations rather than specific site designations, and by failing to provide for adequate public participation. Of most interest for wildlife purposes, however, was the court's conclusion that the BLM regulations "significantly diluted the standards" of the Order.186/ In particular, the court pointed to the Order's requirement that "[a]reas and trails shall be located to minimize harassment of wildlife or significant disruption of wildlife habitat," whereas the regulations only provided for "[c]onsideration of the need to minimize harassment of wildlife or significant disruption of wildlife habitat."187/ While the language of the regulations might appear to be but an innocent attempt to paraphrase the Order, the court felt that it reflected a subtle change of emphasis contrary to the strict mandate of the Order. Whether proposed revised regulations issued in response to the suit, which repeat verbatim the standards of the Order, will result in any substantive difference is impossible to gauge.188/ Closer public scrutiny of BLM management decisions is certain to come about as a result of the Federal Land Policy and Management Act of 1976.189/ Culminating years of efforts to give BLM an "organic act" comprehensively defining its responsibilities and authorities, the Act has many similarities to the National 186/ Id. at 1295. 187/ 188/ 189/ 39 Fed. Reg. 13612 (April 15, 1974). The proposed regulations, appearing at 41 Fed. Reg. 31518 Pub. L. No. 94-579, 90 Stat. 2743 (hereinafter referred to Forest Management Act of 1976, which was passed con temporaneously. As its most basic mandate, the Federal Land Management and Policy Act directs the Secretary of the Interior to develop and maintain "land use plans which provide by tracts or areas for the use of the public lands."190/ Such plans are to be based on an inventory of all public lands and their resources which the Secretary is required to prepare and maintain on a continuing basis, 191/ and are to be coordinated with land use plans for the National Forests.192/ Finally, the Secretary is directed, in the development of land use plans, to "use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences. "193/ While the Act sets no definite timetable for the development of land management plans, it does require that "regulations and plans for the protection of public land areas of critical environmental concern be promptly developed. "194/ Such areas include those where "special management attention is required to protect and prevent irreparable damage to . . fish and wildlife resources or other natural systems or processes. "195/ At all stages of planning and implementation, the Act requires active public participation. Thus, it declares as a statement of policy that in exercising his 190/ Id. $202 (a) (to be codified in 43 U.S.C. $1712(a)). 191/ Id. $201 (a) (to be codified in 43 U.S.C. §1711(a)). 192/ Id. $202(b) (to be codified in 43 U.S.C. $1712(b)). 193/ Id. $202 (c) (2) (to be codified in 43 U.S.C. $1712(c)(2)). 194/ Id. $102(a) (11) (to be codified in 43 U.S.C. §1701(a)(11)). Id. $103(a) (to be codified in 43 U.S.C. $1702(a)). 195/ discretionary authority, the Secretary shall "be required to establish comprehensive rules and regulations after considering the views of the general public; and to structure adjudication procedures to assure adequate third party participation, objective administrative review of initial decisions, and expeditious decision-making. "196/ More specifically, the Act requires "public involvement "197/ in the formulation of plans and programs relating to management of the public lands, 198/ opportunity for a public hearing in connection with all land withdrawals other than emergency withdrawals, 199/ and the promulgation of rules and regulations, in accordance with the Administrative Procedure Act, "to carry out the purposes of this Act and of other laws applicable to the public lands."200/ Whereas the National Forest Management Act of 1976 contains copious details limiting the scope of Forest Service management discretion, thus potentially providing a number of judicially enforceable standards, the Federal Land Policy and Management Act has relatively few precise standards. Instead, it substitutes Congress itself as the overseer of certain major management decisions by BLM. Thus, by concurrent resolution of the House and Senate, the Congress can veto proposed 196/ Id. $102(a) (5) (to be codified in 43 U.S.C. §1701(a)(5)). 197/ "Public involvement" is defined as "the opportunity for participation by affected citizens in rulemaking, decisionmaking, and planning with respect to the public lands, including public meetings or hearings held at locations near the affected lands, or advisory mechanisms, or such other procedures as may be necessary to provide public comment in a particular instance." Id. $103(d) (to be codified in 43 U.S.C. $1702(d)). 198/ Id. §§202(a) and (f) (to be codified in 43 U.S.c. §§1712(a) and (f)). 199/ Id. $204 (h) (to be codified in 43 U.S.C. 1714(h)). 200/ Id. $310 (to be codified in 43 U.S.C. $1740). This provision, as well as those cited in the immediately preceding two notes, may furnish the basis for opening up the process of developing "comprehensive plans" under the Sikes Act sales of tracts of the public lands exceeding 2,500 acres, 201/ withdrawals of more than 5,000 acres, 202/ the termination of certain preexisting withdrawals, 203/ or management decisions that totally eliminate one or more of the "principal or major uses" 204/ for two or more years with respect to any tract of land of 100,000 acres or more.205/ The Act also contains a number of measures specifically geared to wildlife. First, it directs that half the moneys received by the United States as fees for grazing domestic livestock be put in a special fund to be spent solely for "range betterment," including "fish and wildlife habitat enhancement."206/ Second, it permits the exchange of public lands for private lands where the Secretary determines that the public interest will be served thereby, and requires him, in making such determination, to consider the fish and wildlife aspects of the proposed exchange.207/ Finally, although the Act declares a general policy that the United States should "receive fair market value of the use of the public lands and their resources, "208/ it specifically does not authorize requiring "Federal permits to hunt and fish on public lands or on lands in the National Forest System and adjacent waters."209/ It does, however, authorize the Secretaries of the Interior and Agriculture to desig Extension. 201/ Id. $203(c) (to be codified in 43 U.S.C. $1713(c)). 202/ Id. $204 (c) (1) (to be codified in 43 U.S.c. $1714 (c) (1)). 203/ Id. $204 (1) (to be codified in 43 U.S.c. $1714(1)). 204/ One of the six "principal or major uses" specified in the Act is "fish and wildlife development and utilization." Id. $103(1)(to be codified in 43 U.S.c. $1702(1)). 205/ Id. $202(e) (2) (to be codified in 43 U.S.C. §1712(e)(2)). 206/ Id. $401(b) (1) (to be codified in 43 U.S.C. §1751(b)(1)). 207/ Id. $206(a) (to be codified in 43 U.S.C. $1716(a)). 208/ Id. $102(a) (9) (to be codified in 43 U.S.C. §1701 (a) (9)). 209/ Id. $302(b) (to be codified in 43 U.S.C. §1732(b)). nate areas under their jurisdiction "where, and establish periods when, no hunting or fishing will be permitted for reasons of public safety, administration, or compliance with provisions of applicable law."210/ Fi 210/ Id. According to the Conference Report, "[t]he word 'ad- Unfortunately, in attempting to de- Traditionally, the States have regu- The conference report does not in any The language of the statement of the In this legislation for the first |