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Federal
Coordination with County Plans
Federal Agencies Are Required To Resolve Inconsistencies
We have all experienced meetings where the earnest federal employees ask us for
what they call the public opinion. This process promises that the voices of citizens will be
included in federal decisions, but what we say very rarely shows up in their documents. The
agency employees are paid to do such things as consultation, cooperation, collaboration,
and coordination, but they are not instructed to incorporate what they hear into their plans
or regulations. However, words are important, and the word “coordination” has more than
one meaning in the federal vocabulary.
Federal laws also require that Federal agencies “coordinate” their activities on federally
controlled lands with plans prepared by state and local units of government. That
means federal proposals are to be consistent with the policy of local government or clearly
explain why they are taking actions that conflict with official local plans.
In this context, “coordinate” means the action that federal agencies are required to take
to resolve inconsistencies between a federal proposal and an official local plan or policy.
Webster’s Dictionary defines “coordinate” as an action between two parties of equal rank,
importance, or degree. Congress directs the federal agencies to place a county on an equal
footing with the federal agency. In other words coordination is negotiation on a government
to government basis and is not just a form of public input.
First the local community must write a natural resource plan or strategy that describes
the local environment and what land uses are endorsed locally within federal and state
lands. Most of the local plans have been prepared by a committee selected by a County
Commission, although some are being prepared by other local units of government such
as Conservation Districts.
A local environment consists of the natural features such as air, water, plants and
soils; it also includes farms, ranches, mines, retail business, industry, and recreational
pursuits. The local strategy describes the current custom, culture, and economy and what
is acceptable to the community. Once it is written, the local government must notify the
federal agencies that an officially approved plan has been adopted and usually that includes
providing the agency with a copy of the plan.
Bureau of Land Management, U.S. Forest Service and
NACo Renew Public Lands Management Partnership
Sign MOU to Continue, Strengthen Working Relationship
WASHINGTON, D.C. – The Bureau of Land Management (BLM), the U.S. Forest Service
(FS) and the National Association of Counties (NACo) have officially renewed their
longstanding partnership that allows them to tackle public lands issues across boundaries.
By signing the Memorandum of Understanding, the BLM and FS recognize the important
role counties play in locally based decision-making and the need to emphasize a
landscape-level approach across local, state and federal boundaries.
The agreement, signed March 3, establishes a framework for the Bureau, the Forest
Service and NACo to work cooperatively to address fire, weed management, planning and
other areas of common concern, as well as seek creative solutions to issues impacting local
communities such as recreation, grazing, wild horses and burros and energy development.
It ensures that broad lines of communication are opened to county officials to contribute to
federal land management initiatives and policies. At a national and local level, the groups
will collaborate to proactively address potential conflicts and achieve results that benefit
each organization.
“Counties are key partners on-the-ground in the successful management of public
lands,” BLM Principal Deputy Director Neil Kornze said. “The BLM values the spirit of
partnership, goodwill and cooperation we have enjoyed in this longstanding relationship.”
“It’s essential that we continue our strong, productive partnership with the National
Association of Counties,” said U.S. Forest Service Chief Tom Tidwell. “We appreciate the
association’s interest and participation in the wide variety of land management issues we
face every day on forests and grasslands cross the country.”
By Floyd W. Rathbun, Certified Range Management Consultant, Fallon, Nevada
Authority for local Natural Resource Strategies in Nevada was established over
twenty years ago with the passage of SB40. Soon after passage, several Nevada counties
established what were called Public Land Use Advisory Committee and completed what
were called public lands plans. Definition of the term “public lands” has caused some real
confusion so emphasizing natural resource qualities is a way to avoid the controversy. SB40
is codified in the Nevada Revised Statutes within NRS321.
Local Process:
1. Establish by ordinance a Natural Resource Advisory Committee (NRAC).
2. Select the committee members that best represent your area. For example Owyhee
County, Idaho, ordinance specifies that people will be appointed to the committee on the
basis of: “...involvement in, an interest in, and expertise in the various multiple uses of
the federally and state managed lands and the custom, culture, and economic stability of
Owyhee County.”
3. Write a land use and natural resource management plan or strategy for lands administered
by federal and state agencies, in order to clearly communicate the policies of your
County to these other entities.
4. Save time and effort by following the examples of communities which have been
successful, including: Eureka County Nevada, Pershing County Nevada, Owyhee County
Idaho, Modoc County California, Wallowa County Oregon, and Walla Walla County
Washington. Copies of their plans and other materials are available for The County to use.
5. Officially approve the completed strategy by ordinance, deliver the plan to each
of the various federal and state agencies, and be prepared to insist that the policies of the
County be recognized in accordance with the various federal and state laws.
If the local government has no plan or policy then it (the County) is just one more voice
that the federal agents will ignore as public input.
On the other hand, an official local plan or strategy can be used to require the government
employees to stay within the scope of their authority and often provides the best
course of action.
A local planning committee is much more likely to find real solutions for real problems.
NACo President Chris Rodgers said he is pleased that our federal partners recognize
the unique role and perspective counties play in the management of public lands. “This
agreement strengthens our intergovernmental relationships and ensures that county officials
have input on federal decisions affecting counties and communities.”
The BLM is a federal agency that manages approximately 245 million acres of public
land, primarily in the West, and 700 million acres of federal mineral resources. In addition,
the BLM is responsible for managing public lands scattered throughout the 31 states bordering
on, and east of the Mississippi River. The agency’s mission is to sustain the health,
diversity, and productivity of these public lands for the use and enjoyment of present and
future generations.
The Forest Service is a land and resource management agency of the U.S. Department
of Agriculture responsible for managing and protecting approximately 193 million acres
of public lands. The Forest Service provides leadership in the management of the Nation’s
state and private forests, forest research, and international assistance for the protection and
sound management of the world’s forest resources.
National Association of Counties is a national organization that represents county
governments in the United States. Founded in 1935, NACo provides essential services to
the nation’s 3,069 counties. NACo advances issues with a unified voice before the federal
government, improves the public’s understanding of county government, assists counties
in finding and sharing innovative solutions through education and research, and provides
value-added services to save counties and taxpayers money.
www.progressiverancher.com The Progressive Rancher
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