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Kerry E. Rodgers Senior Planning and Environmental Analyst Division of Decision Support, Planning and NEPA US DOI-BLM, W

Bureau of Land Management Regulations Washington State Association of Counties Cooperating Agency & Coordination Training November 22, 2013 – Vancouver, WA. Kerry E. Rodgers Senior Planning and Environmental Analyst Division of Decision Support, Planning and NEPA US DOI-BLM, Washington, DC.

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Kerry E. Rodgers Senior Planning and Environmental Analyst Division of Decision Support, Planning and NEPA US DOI-BLM, W

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  1. Bureau of Land Management RegulationsWashington State Association of CountiesCooperating Agency & Coordination TrainingNovember 22, 2013 – Vancouver, WA Kerry E. Rodgers Senior Planning and Environmental Analyst Division of Decision Support, Planning and NEPA US DOI-BLM, Washington, DC

  2. Goals for Today’s Presentation • Role(s) of cooperating agencies (CAs) in the BLM planning process • Role(s) of CAs in the BLM NEPA process • BLM Model MOU • Related DOI & BLM policy and guidance

  3. Federal Land Policy and Management Act (FLPMA) • Section 202 guides the BLM planning process. • Section 202(a) requires that the DOI Secretary, “with public involvement, …develop, maintain, and, when appropriate, revise land use plans which provide … for the use of the public lands…” • Section 202(e) authorizes management decisions to implement land use plans. • Section 202(f) requires an opportunity for public involvement and procedures for participation.

  4. Two Levels of Decisions • Planning Decisions • Planning regulations + NEPA regulations • Integrated process • Typically leads to a Proposed RMP/Final EIS and ROD • Project Decisions • Also called Management or Implementation Decisions • NEPA regulations and process (if no plan amendment) **Cooperating agencies have important roles in both BLM planning and project decisions.

  5. CAs in the BLM Planning Process • BLM land use planning regulations (43 CFR 1600 et seq.) provide for cooperating agency participation throughout the planning process as feasible, given resources and expertise. • See 43 CFR 1610.3-1(a)(5) (directing State Directors and Field Managers to “[w]here possible and appropriate, develop [RMPs] collaboratively with cooperating agencies”). • A Desk Guide to Cooperating Agency Relationships and Coordination with Intergovernmental Partners (2012) outlines roles for several steps of the process.

  6. CAs in the BLM Planning Process • BLM’s development of a prep(aration) plan or “prep plan” for a Resource Management Plan (RMP) • Sets the schedule and budget • Scoping and identification of issues • BLM’s development of planning criteria • BLM’s collection of inventory data

  7. CAs in the BLM Planning Process • BLM’s analysis of baseline data and preparation of an Analysis of the Management Situation (AMS) • BLM’s formulation of alternatives • BLM’s estimation of alternatives’ effects • BLM’s selection of a preferred alternative and issuance of a Draft RMP/Draft EIS

  8. CAs in the BLM Planning Process • BLM’s response to public comments and issuance of the Proposed RMP/Final EIS • 60-day Governor’s Consistency Review • 30-day Protest Period • BLM’s response to protests and ROD signature • Implementation and monitoring of the Final RMP

  9. CAs in the Project NEPA Process • DOI regulations require invitations to “eligible government entities” to serve as CAs for EISs. • BLM (and other DOI bureaus) must consider requests from a government entity to serve as a CA and state the reasons for any denial in the EIS. • BLM (and other DOI bureaus) may allow CAs to help develop environmental assessments (EAs) and must provide for public involvement.

  10. CAs in the Project NEPA Process • Identifying issues to be addressed • Collecting data for NEPA analysis (e.g., resource, environmental, social, economic, or institutional) • Developing and evaluating alternatives and their effects • Other tasks for NEPA analyses and documents

  11. Other Considerations for Project-Level EISs • Power of NEPA scoping • Importance of time limits • Disclosure of CA relationships • Requirement to request comments from affected local governments and agencies - Note: BLM need not delay preparation or issuance of a Final EIS if agencies do not comment on time.

  12. BLM Model MOU Establishing CA Relationships • Template and 2012 CA Desk Guide are at: http://www.blm.gov/wo/st/en/info/nepa/ cooperating_agencies.html • Drafted for a planning effort, but can be adapted for a project/implementation EIS • No prescribed format, but key elements help

  13. BLM Model MOU Establishing CA Relationships • Introduction • Purpose • Authorities for the MOU • Roles and Responsibilities • Other Provisions • Agency Representatives • Administration of the MOU • Signatures Attachments – Detailed Tasks & Schedule

  14. BLM Model MOUOther Provisions to Consider • V.A. – Authorities not altered. • V.E. – Documenting disagreement or inconsistency. • Including a summary of CAs’ views in the Draft RMP/EIS and Proposed RMP/Final EIS • Describing substantial inconsistencies with state, local, or tribal plans and policies • V.F. – Management of information.

  15. Related DOI Policy & Guidance: Environmental Statement Memoranda • ESM No. 13-6, “State and Local Agency Review of Environmental Impact Statements” (Jan. 7, 2013) – www.doi.gov/pmb/oepc/upload/ESM13-6.pdf • ESM No. 13-12, “Incorporating Consensus-Based Management in Agency Planning and Operations” (Jan. 7, 2013) (43 CFR 46.110) –www.doi.gov/pmb/oepc/upload/ESM13-12.pdf

  16. Related BLM Policy & Guidance: Instruction Memoranda (IMs) • IM No. 2013-014, “Revised Guidance for Establishing Implementation Priorities for Land Use Plans” (Oct. 25, 2012)– http://www.blm.gov/wo/st/en/info/regulations/Instruction_Memos_and_Bulletins/national_instruction/2013/M_2013-014.html • IM No. 2013-144, “Transitioning from Printing Hard Copies of NEPA and Planning Documents to Providing Documents in Electronic Formats” (June 21, 2013) – http://www.blm.gov/wo/st/en/info/regulations/Instruction_Memos_and_Bulletins/national_instruction/2013/IM_2013-144.print.html

  17. Related BLM Policy & Guidance: Instruction Memoranda (IMs) • IM No. 2013-142, “Interim Policy – Draft Regional Mitigation Manual Section 1794” (June 13, 2013) – http://www.blm.gov/wo/st/en/info/regulations/Instruction_Memos_and_Bulletins/national_instruction/2013/IM_2013-142.html

  18. Questions? Kerry E. Rodgers Senior Planning and Environmental Analyst, BLM Washington Office (202) 912-7158 (office) – kerodgers@blm.gov (e-mail)

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