BLM Desk Guide to Cooperating Agency Relationships - National ...

The Establishment ofWorking RelationshipsConsensus and collaboration inthe CA relationship► Does a CA relationship require theBLM and the cooperators to makedecisions by consensus?No. Consensus may not always be achievableor consistent with the BLM’s legal obligationsor policy decisions. However, the DOI’sNEPA regulations at 43 CFR 46.110(c)require that the Responsible Offi cial must,whenever practicable, use a consensus-basedmanagement approach to the NEPA process.Consensus-based Management43 CFR 46.110(a)Consensus-based managementincorporates direct community involvementin consideration of DOI bureau activitiessubject to NEPA analyses, from initialscoping to implementation of the bureaudecision. It seeks to achieve agreementfrom diverse interests on the goals of,purposes of, and needs for bureau plansand activities, as well as the methodsanticipated to carry out those plansand activities. . . . Consensus-basedmanagement involves outreach to persons,organizations, or communities that may beinterested in, or affected by, a proposedaction, with an assurance that theirinput will be given consideration by theResponsible Offi cial in selecting a courseof action.43 CFR 46.110(b)In incorporating consensus-basedmanagement in the NEPA process, thebureaus should consider any consensusbasedalternative(s) put forth by thoseparticipating persons, organizations orcommunities who may be interested in oraffected by the proposed action. Whilethere is no guarantee that any particularconsensus-based alternative will beconsidered to be a reasonable alternativeor be identifi ed as the bureau’s preferredalternative, the bureaus must be able toshow that the reasonable consensusbasedalternative, if any, is refl ected inthe evaluation of the proposed action anddiscussed in the fi nal decision. To beselected for implementation, a consensusbasedalternative must be fully consistentwith NEPA, the CEQ regulations, andall applicable statutory and regulatoryprovisions, as well as Departmental andbureau written policies and guidance.43 CFR 46.110(e)If the Responsible Offi cial determinesthat the consensus-based alternative,if any, is not the preferred alternative,he or she must state the reasons forthis determination in the environmentaldocument (43 CFR 46.110(d)). Whenpracticing consensus-based managementin the NEPA process, bureaus mustcomply with all applicable laws, includingany applicable provisions of the FederalAdvisory Committee Act (FACA).Collaboration mandates methods, notoutcomes. It brings diverse parties togetherto seek broadly acceptable solutions to (whatare usually) complex problems. It does notguarantee the parties will achieve consensus,and the BLM remains the fi nal decisionmakeron matters within its jurisdiction.► How does the involvement of CAsaffect the role of the BLM’s AO in thedevelopment of an RMP or EIS?CA involvement makes the AO’s leadership ofthe land use planning process essential. Inguiding planning efforts, field managers arechallenged to reconcile bureau-wide policyobjectives with the needs and values of local,regional, and national constituencies. Tobe successful, the fi eld manager must becommitted to collaborative problem solving.Section 4. Cooperating Agency Relationships: Frequently Asked Questions25