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

BLM • A Desk Guide to Cooperating Agency Relationships and Coordination with Intergovernmental Partners • 201232► Can the BLM meet its coordinationresponsibilities through a CArelationship?The BLM has a duty to coordinate even ifa formal CA relationship is not established.In accordance with FLPMA, the BLM’scoordination responsibilities includemaximizing consistency with the plans andpolicies of other government entities andproviding for meaningful public involvementof other Federal, State, local, and tribalgovernment offi cials in the development ofland use decisions (see above). The CArelationship provides an excellent opportunityto meet, and exceed, these coordinationresponsibilities under FLPMA. The CArelationship goes beyond coordination byfacilitating a close collaboration in sponsoringpublic involvement, reviewing resource data,formulating alternatives, analyzing potentialimpacts, and sharing internal draft documents.The BLM encourages the establishment of aCA relationship if this type of collaboration isexpected.43 CFR 46.155 (DOI)Consultation, coordination, andcooperation with other agencies.The Responsible Offi cial must wheneverpossible consult, coordinate, andcooperate with relevant State, local, andtribal governments and other bureausand Federal agencies concerning theenvironmental effects of any Federal actionwithin the jurisdictions or related to theinterests of these entities.43 CFR 1610.3-1 (BLM)Coordination of planning efforts.(b) When developing or revisingresource management plans, BLM StateDirectors and Field Managers will inviteeligible Federal agencies, state and localgovernments, and federally recognizedIndian tribes to participate as cooperatingagencies.► Does coordination underFLPMA require the BLM to sharepredecisional documents?No. FLPMA does not require the sharingof predecisional documents as part of acoordination-based relationship. However,during the planning process, a key element ofthe cooperating agency relationship includesBLM sharing of predecisional documents withcooperators. Absent extraneous factors suchas protection of proprietary or contractualinformation or ensuring compliance with Statepublic records or public meetings requirements(“sunshine laws”), predecisional documentscan be shared with cooperating agencies inaccordance with the terms of the MOU thatdirects the activities within the relationship.Sharing of predecisional documents may occuras part of the BLM’s coordination activitiesat the discretion of the AO. However, if it isdeemed critical to the coordination process,sharing of predecisional documents shouldbe guided by a detailed written agreement orMOU between the parties. Such an agreementor MOU should specify that predecisionaldocuments will remain confi dential to theextent allowed by law.► To what extent is the BLMobligated to follow local plans andpolicies?By regulation, the BLM has an obligationto keep apprised of non-BLM plans; assureconsideration is given to those plans thatare germane to the development of theBLM RMPs; assist in resolving, to the extentpracticable, inconsistencies between Federaland non-Federal plans; provide for meaningfulpublic involvement of other Federal agencies,State, local, and tribal government offi cialsin the development of the BLM’s RMPs; andwhere possible and appropriate, developthe BLM’s RMPs collaboratively with CAs.Furthermore, the BLM’s RMPs must beconsistent with offi cially approved or adoptedresource-related plans, and the policies andprograms contained therein, of other Federal,State, local, and tribal governments, so longas those plans and policies/programs are also