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

BLM • A Desk Guide to Cooperating Agency Relationships and Coordination with Intergovernmental Partners • 201236interdisciplinary team or work group meetings.The use of contractors should be the exceptionrather than the rule and must be undertakenconsistent with the requirements of FACA.CA meetings► Should CA meetings be opened orclosed to the public?Decisions about opening or closing CAmeetings to the public and the level of publicparticipation at CA meetings are within theAO’s discretion. Opening CA meetings to thepublic is consistent with the general directionof the BLM’s public involvement policy,refl ected, for example, in the BLM’s publicationCollaborative Stakeholder Engagement andAppropriate Dispute Resolution (2009). Insupport of these goals, it is recommendedthat the option of opening CA meetings to thepublic receive serious consideration. OpeningCA meetings to the public does not mean thatthe public must be allowed to participate in thediscussions. The public’s role at CA meetingsmay be limited to that of observer.There may also be good reason for closingsome or all CA meetings to the public. Closedmeetings may support a deliberative processwhere CAs explore and evaluate ideas andoptions. In making the decision to open orclose CA meetings to the public, any applicableFederal or State open meeting (“sunshine”)laws should be considered.If FACA applies, all meetings should be heldconsistent with the requirements of FACA.► Is it acceptable for the leadagency to hold meetings with somecooperators but not others?The lead agency should limit meetings thatinvolve some cooperators but not others onsubstantive topics to the extent practicable.While it may not always be possible to meetwith all cooperators at the same time or inthe same location, the lead agency shouldseek input from all CAs on substantive issues,such as changing the preferred alternative orproposing new special designations.Protests and appeals► Does participation as a CA preventthat agency from protesting orappealing the final decision?No. A CA may protest a fi nal land use planningdecision as long as it meets the requirementsof BLM protest procedures. Similarly, a CAmay appeal a decision as long as it meetsthe requirements for appeal under applicablelaws. By becoming a CA, a governmententity does not forfeit any rights otherwiseavailable to it, including the right to protest aland use planning decision or to fi le an appealon implementation actions or project leveldecisions.43 CFR 1610.5-2(a) (BLM)Protest procedures.Any person who participated in theplanning process and has an interestwhich is or may be adversely affected bythe approval or amendment of a resourcemanagement plan may protest suchapproval or amendment. A protest mayraise only those issues that were submittedfor the record during the planning process.Procedures for protest and appeal ofimplementation actions and project leveldecisions are explained in 43 CFR Part 4,Subpart B, 4.21 and Subpart E. Any specialprovisions regarding the application of thegeneral procedures for protests and appealsare explained in the CFRs for the specifi cprogram that applies to the decision.The BLM’s role as a CA► If requested, must the BLMparticipate as a CA?If another agency asks the BLM to be a CA inthe preparation of a NEPA document for anaction in which the BLM has jurisdiction by law,the BLM must accept (40 CFR 1501.6). If onthe other hand an agency asks the BLM to bea CA in the preparation of a NEPA document inwhich the BLM has special expertise, the BLMmay elect to be a CA.