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

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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
consistent with the purposes, policies, andprograms of Federal laws and regulations.43 CFR 1610.3-2 (BLM)Consistency requirements.(a) Guidance and resourcemanagement plans and amendments …shall be consistent with offi cially approvedor adopted resource related plans, andthe policies and programs containedtherein, of other Federal agencies, Stateand local governments, and Indian tribes,so long as the guidance and resourcemanagement plans are also consistent withthe purposes, policies, and programs ofFederal laws and regulations applicable topublic lands.For example, a county’s capital improvementplan might identify a parcel of BLM landfor acquisition to build a fi re station or acommunity center. Under the Recreationand Public Purposes Act, such a transfer ofland could be consistent with Federal law. Inrevising its RMP, the local fi eld offi ce wouldneed to consider this request, weighed againstother relevant management objectives,such as the need to protect critical habitatfor threatened or endangered species or tominimize confl icts with existing uses, such asa nearby shooting range already permitted bythe BLM.Recreation and Public Purposes Act, 43U.S.C. 869 (a)The Secretary of the Interior ... may ...dispose of any public lands to a State,Territory, county, municipality, or otherState, Territorial, or Federal instrumentalityor political subdivision for any publicpurposes, or to a nonprofi t corporation ornonprofi t association for any recreationalor any public purpose consistent with itsarticles of incorporation or other creatingauthority.► When inconsistencies between aproposed action and a local plan orpolicy cannot be resolved, shouldthey be acknowledged in the RMPor EIS?Yes. The CEQ regulations require thatinconsistencies between the proposed actionand other Federal, State, local, or tribal landuse plans and policies be documented in theEIS.40 CFR 1502.16 (CEQ)[The environmental consequences sectionof the EIS] shall include discussions of...(c) Possible confl icts between theproposed action and the objectives ofFederal, regional, State, and local (and inthe case of a reservation, Indian tribe) landuse plans, policies and controls for thearea concerned.40 CFR 1506.2 (CEQ)(d) To better integrate environmentalimpact statements into state and localplanning processes, statements shalldiscuss any inconsistency of a proposedaction with any approved state or localplan or laws (whether or not federallysanctioned). Where an inconsistencyexists, the statement should describe theextent to which the agency would reconcileits proposed action with the plan or law.► What if a State or local plan isinconsistent with a Federal lawor policy?In such cases, the BLM does not have anobligation to seek consistency. For example,in preparing RMPs the BLM is requiredto designate and protect areas of criticalenvironmental concern (ACECs). The BLMcould not honor a request from a countygovernment that only ACECs consistent withthe county’s general plan be designated inthe RMP, if this would prevent the BLM fromcomplying with its statutory obligation.Section 4. Cooperating Agency Relationships: Frequently Asked QuestionsFLPMA, 43 U.S.C. 1712(c) (BLM)In the development and revision of landuse plans, the Secretary shall …33
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