Secretarial Order 3447

The primary objective of this Order is to enhance conservation stewardship and significantly increase outdoor recreation opportunities, with a specific emphasis on hunting and fishing. We believe that it can be applied to off-roading recreation.

SO 3447, signed by Secretary Burgum, explicitly shifts the Bureau of Land Management (BLM) to an "Open-By-Default" policy.

1. Impact on Areas like Utah and the ISDRA

• Utah Deal: The order provides the policy foundation for the massive 8.2 million-acre management deal in Utah, moving National Forest and BLM areas toward state-aligned management.

• Imperial Sand Dunes (ISDRA): We hope to use his order to challenge "permanent" closures (like the 9,271-acre PMV habitat). In our opinion, the order's requirement for "clear and convincing" biological evidence for a closure provides a new legal path to argue for reopening those areas to OHV use and recreation.

2. Core Policy: "Open-By-Default"

The Order explicitly shifts the legal presumption of federal land management. It mandates that all DOI-managed lands and waters—including those under the Bureau of Land Management (BLM), U.S. Fish and Wildlife Service (FWS), and National Park Service (NPS)—should be open to hunting and fishing unless a specific, documented, and legally supported exception exists.

3. Key Directives

• 60-Day Mandate: Within 60 days of the order, all bureaus must identify specific lands and waters where hunting and fishing access can be expanded or restored.

• Removal of Barriers: Agencies are directed to identify and eliminate "unnecessary regulatory or administrative barriers," such as outdated permits, duplicative rules, and "interim" closures that have lacked permanent resolution.

• Consistency with States: Federal regulations are to be aligned with adjacent state, tribal, and territorial wildlife laws. This is intended to prevent "cross-boundary confusion" where rules differ simply because a user crosses from state to federal land.

• Senior-Level Accountability: Any proposed reduction in access or closure of land must now be elevated to the National Agency Directors for review. This prevents local offices from closing areas without high-level oversight and transparent documentation.

4. Ammunition and Tackle (The "Lead" Provision)

A significant part of SO 3447 addresses the use of traditional lead ammunition and fishing tackle:

• Restricts Blanket Bans: Federal agencies are prohibited from implementing broad bans on lead ammunition or tackle within the National Wildlife Refuge System.

• Scientific Threshold: Any restriction on lead must be supported by "site-specific and species-specific" scientific evidence demonstrating a direct population-level impact on a species.

• Voluntary Focus: The order prioritizes voluntary, incentive-based programs for non-lead alternatives over mandatory prohibitions.