BLM Decision Making Process

1. BLM Decision Making Process Opportunities for RAC Participation

2. Purpose and Outline • Three Part discussion • General presentation; • Example of oil and gas decision making; and • Panel Discussion of RAC involvement. • Provide an overview of BLM’s decision making process • Describe critical components to decision making; • Discuss BLM’s decision space and types of decisions; • Illustrate BLM’s coordination with stakeholders; and • Emphasize opportunities for RAC involvement. • Provide for open discussion and feedback

3. BLM Decision Making Process Process Overview

4. Outcome of BLM Decision Process • Rational, deliberate resource management actions that are: • Consistent with the BLM Mission; • Comply with legal and regulatory requirements; and • Support public interest. • BLM Mission • To sustain the health, diversity, and productivity of the public lands for the use and enjoyment of present and future generations.

5. Outcome of BLM Decision Process • Legal (Generally we think we can figure this out, but it is often a point of disagreement) • FLPMA and other applicable law. • Case law. • Regulations, policies, guidelines. • What is the Public Interest from federal perspective? (this one is very open to interpretation) • Informed by the use of best available information, data and science. • Allows various resources uses and values along a spectrum. • Considers “what’s right for the resource”. • Balances local, regional, national interests.

6. Elements of BLM Decision Process • Field Office scoping (specialists and field manager) • What decision needs to be made? • Who needs to make it? • Coordination with key stakeholders – including the RAC • What info is needed to assess the impacts? • What are the alternative decisions or management strategies?

7. Elements of BLM Decision Process • State Office briefing (seniors specialists and management) • Coordination with key stakeholders – including State agencies • What if the decision is not made now? • Any additional circumstances or data informing the decision? • Are there consequences and precedent framing the decision? • Who’s affected directly or indirectly by the decision? • Did we use the correct assumptions?

8. Elements of BLM Decision Process • Washington Office briefing (program leaders and executive leadership) • Have key issues and constraints been addressed? • Have we coordinated with key stakeholders? • What ifs?

9. Constraints on BLM Decision Process • There are multiple possible decisions we could make, but which best supports public interest in each case? • BLM must consider: • Public expectations; • Legal precedent and case law; • Regulations, policies, guidelines; • Organizational structure, needs, and delegated authority; • Political reality – they don’t drive our decisions but they do exist and must be considered; and • Budget.

10. Decision Process Summary • Decision process is intended to serve the public interest. • Decision process is intended to comply with law, regulation and policy. • Decision process is intended to ensure we are not arbitrary or capricious in our decisions. Question for the RAC: Do you recognize any other constraints that BLM should emphasize?

11. BLM Decision Making Process Critical Components

12. PublicInputto the Decision Process • Public involvement entails: • “The opportunity for participation by affected citizens in rule making, decision making, and planning with respect to the public lands, including public meetings or hearings . . . or advisory mechanisms, or other such procedures as may be necessary to provide public comment in a particular instance” (FLPMA, Section 103(d)). • Section 309 of FLPMA requires: • That resource advisory councils (RACs) or their functional equivalent be involved in the land use planning process.

13. PublicInputto the Decision Process • Coordination with tribal, federal, state and local agencies. • BLM places an emphasis on coordination with Cooperating Agencies – those with jurisdiction and valuable expertise. • Often a significant investment in time and effort. • Consultation with RAC. • Promote outreach to stakeholder • Validate public input • Form potential management alternatives • Seek a recommendation Question for the RAC: We can’t engage on every issue, but are we engaging on the “right” issues?

14. PublicInputto the Decision Process • Public notification, outreach and involvement • What works and what does not? • Do local media announcements work, for example? • Stakeholder review and comment • Solicit public comments to identifying key issues and alternative management actions. • Provide interest groups opportunity to advocating for certain resource values and uses. Question for the RAC: How can the RAC assist in better involving the public?

15. PublicInputto the Decision Process • What happens when we can’t agree? • Eventually, BLM must make a decision. • Situations where we can’t agree are often due to BLM’s need to serve a different element of the public interest. • Differing perspectives on the spectrum of resource use or value result in different demands. Question for the RAC: Is there a role for the RAC to facilitate resolution between interest groups?

16. BLM Decision Making Process Types of Decisions

17. Land Use Allocation Decisions • What are they? • Broad, strategic zoning map decisions. • Establish overall resource management goals. • Identify which resource values emphasized and where. • Describe which uses are allowed where. • Define major restrictions or exclusions limiting the management of values/uses. • Why do we make them? • Guide future management and frame site-specific analysis with reasonable scenarios for allowable uses. • Balance multiple demands for land use. • Determine the appropriate level of analysis.

18. Land Use Allocation Decisions • Example allowable uses • Land tenure zones. • ACEC designations. • Appropriate level of analysis • Describe current conditions and trends. • Provide adequate information to evaluate the attainment of stated goals/objectives. Question for the RAC: What’s the most recent allocation decision in which RAC members have been involved?

19. Implementation Decisions • What are they? • Site-specific plans and actions • Final approval allowing on-the-ground action • Defined by program specific regulatory requirements • Why do we make them? • Ensure coordinated, interdisciplinary implementation of land use allocations • Integrate multiple resource program goals • Implement adaptive management strategies • Establish monitoring and evaluation programs to determine if resource goals have been attained

20. Implementation Decisions • Example implementation decision • Identify specific areas, roads and trails available for use. • Recreation marketing actions. • Appropriate level of analysis • Describe site-specific impacts. • Provide adequate information to evaluate the attainment of stated goals/objectives. Question for the RAC: What’s the most recent implementation decision in which RAC members have been involved?

21. BLM Decision Making Process Protests and Appeals of Decisions

22. Protest and Appeals of Decisions • Most decisions allow for protest or appeal remedy. • Important element of serving the public interest. • Becoming an increasing part of our workload. • We plan for staff time in reviewing and resolving issues. • Creates a barrier to the expediency of decision making. Question for the RAC: Why is this the case? Is it indicative of “good” public involvement or “flawed” process? Can the RAC strategize ways to address it?