Why Steve Pearce Is Such A Concerning Nominee To Run BLM

“Sell off Steve” refuses to say he won’t sell public land. Here’s how much he could cost us.

The Senate held what one public lands advocate referred to as an “underwhelming” confirmation hearing for Steve Pearce this morning, the former New Mexico Representative nominated to run the Bureau of Land Management. And while that presented Democratic Senators the opportunity to question Pearce about his past efforts to destroy America’s unique system of public lands, his answers were anything but reassuring.

From Act Now For Public Lands:

Public lands sell-off emerged as a dominant theme throughout today’s Senate confirmation hearing for Steve Pearce, nominee to lead the Bureau of Land Management, underscoring the central concern surrounding his nomination: his long record of advocating for the sale and disposal of America’s public lands. While multiple senators pressed Pearce about that record, he repeatedly refused to disavow his past support for selling public lands, instead asserting that current law does not allow it and that the Secretary of the Interior does not intend to pursue such actions — shifting responsibility rather than addressing his own longstanding position.

First under questioning from Sen. Ron Wyden, Pearce declined to disavow his past support for selling federal lands, including his statement that “most of it, we do not even need.” Asked if he had changed his position, Pearce said he was “not so sure” he had. He then argued that current law bars him from selling public lands — sidestepping his long record of advocating for legislative changes that would allow such disposals.

Perhaps unsurprisingly, Pearce is bending the truth here. While it would require an act of Congress to sell off large amounts of land all at once, the BLM director is invested with the authority to sell off smaller tracts all on his own.

This fact sheet from The Wilderness Society explains the disposal authority that will be given to Pearce should be secure nomination:

1. The Federal Land Policy and Management Act (FLPMA) declares a national policy in favor of retaining BLM lands in national ownership unless their sale or transfer advances a national interest. FLPMA sets forth a framework governing conveyances of BLM public lands, as summarized below.

• Identification of Lands in RMPs. Use of this authority requires that the lands be identified as potentially available for sale in applicable land use plans.

  • A proposed action to dispose of public lands may include amending the RMP needed to accomplish the disposal.

• Criteria. Eligible lands must meet at least one of the following criteria:

  • The tract is difficult and uneconomic to manage due to its location or other characteristics and is not suitable for management by another federal department or agency; or

  • The tract is no longer needed for the purpose for which it was acquired or for any other federal purpose; or

  • The tract is no longer needed for the purpose for which it was acquired or for any other federal purpose; or

  • Disposal of the tract will serve important public objectives (e.g., expansion of communities and economic development that cannot be achieved prudently or feasibly on land other than public land and that outweighs other public objectives and values, such as recreation and scenic values).

• Size. The size of the tracts for sale is determined by the “land use capabilities and development requirements.” Additionally, proposed sales of more than 2,500 acres must first be submitted to, and can be disapproved by, the U.S. Congress.

• Price. Lands may not be sold at less than their fair market value.

• Competitive Bidding. Lands must generally be sold through competitive bidding, though BLM can proceed with modified competitive bidding (or no competitive bidding) if it determines that doing so is “necessary and proper” to assure equitable distribution among land purchasers or to recognize equitable considerations or public policies.

Other Applicable Requirements and Processes. Land sales under FLPMA involve a variety of consultations and assessments under the ESA, NHPA, and NEPA.

1. The Recreation and Public Purposes Act (RPPA) authorizes the Department of Interior (DOI) to sell or lease public land to states, local governments, federally recognized Tribes, and nonprofit entities for certain recreational or public purposes (the information provided here only applies to land sales, not leases), as follows:

• Identification of Lands in RMPs. While the statute does not explicitly require that the lands be identified as potentially available for sale in applicable land use plans, BLM regulations require a finding that disposal of BLM lands would serve the national interest as determined through a FLPMA land use planning process.

• Purpose. Permissible public purposes include the establishment of parks, historic monument sites, fairgrounds, schools, hospitals, fire and police stations, courthouses, social services facilities, and public works. Note, BLM regulations provide that “[u]se of lands … for habitation … is permissible only when necessary for and integral to [i.e., an essential part of] the public purpose.”

• Conditions and Qualifications. Use of the RPPA for sales of public lands requires:

  • The sale must be in the public interest;

  • The lands may not be of national significance nor more than reasonably necessary for the proposed use;

  • The lands are to be used for “an established or definitely proposed project” that includes development and management plans; and

  • For proposals of over 640 acres, the state, tribal, or local authority must have adopted applicable comprehensive land use plans and zoning regulations.

• Size. For non-recreational purposes, the statute sets annual acreage limitations for public land sales at 640 acres.

• Price. Lands may be sold at less than their fair market value. The price of the land will depend on the status of the receiving entity and the land’s intended use.

• Other Applicable Requirements and Processes. The statute and BLM regulations and policies also address public participation, conformance with applicable land use plans, and required assessments and evaluations, among other things.

The Southern Nevada Public Land Management Act of 1998 (SNPLMA), as amended, authorizes the Department of Interior to sell for development purposes certain tracts of BLM-managed public land located in the Las Vegas area of Clark County, Nevada, and within a congressionally designated disposal boundary. The Act finds that public land parcels interspersed with or adjacent to private land in the Las Vegas valley are “difficult to manage and more appropriate for disposal.” Local governments nominate parcels for disposal, typically at the suggestion of interested individuals or companies. Following BLM’s environmental review of nominated parcels, the land is sold through an online auction, with most of the land sale proceeds funding conservation projects in Nevada. Use of the auction system ensures that lands are sold at their fair market value, though the statute allows counties to nominate parcels for affordable housing at below fair market value. At the start of Fiscal Year 2025, roughly 30,000 acres of federal land remained available for disposal within the SNPLMA disposal boundary. Public land inside of the SNPLMA boundary need not be identified for disposal in an RMP to be eligible for sale.

It’s worth noting here that the administration is in the process of dismantling the NEPA process entirely, and Republicans in the Senate have called into question the legality of all RMPs by employing the Congressional Review Act to declare such documents “rules” that must be approved by Congress. Since none have been, one likely outcome is that all RMPs currently in place that were written after the CRA was passed in 1996 will need to be re-written and voted on by Congress. Authorizations for sale could be inserted into their provisions at that stage.

And, while FLPMA limits the size of land sales authorized by the BLM director to 2,500 acres, there’s no limit on how many sales of that size or smaller can be held in a given period of time. Congress does not have to approve such sales, but can vote to disprove them. That would require a 60-vote majority in the Senate.

Top photo: BLM

A journalist with more than two decades of experience working around the world, Wes Siler is here to cut through the outrage and disinformation to bring you the factual, insightful, actionable reporting you need to understand what’s going on. Upgrading to a paid subscription supports this reporting, and buys personal access to Wes, who will help you save money on gear, and prepare for real life.