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VRM Class Week of October 29 th 2012

VRM Class Week of October 29 th 2012. Why is this Class Important to your Decision Maker(s) . . . Legal Requirements Visual Resources are an Escalating Issue The Need for a Rational Approach – Legal Defensibility. Las Vegas, Nevada. Laws and Regulations.

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VRM Class Week of October 29 th 2012

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  1. VRM ClassWeek of October 29th 2012 • Why is this Class Important to • your Decision Maker(s) . . . • Legal Requirements • Visual Resources are an Escalating Issue • The Need for a Rational Approach – Legal Defensibility Las Vegas, Nevada

  2. Laws and Regulations Federal Land Policy and Management Act (FLPMA) • Multiple use • Sustained yield • Environmental protection • Section 102(8): the public lands be managed in a manner that will protect the quality of scientific, scenic . . . values . . .” Section 103, ACECs: to protect irreparable damage to …scenic values . . .”

  3. Laws and Regulations The BLM planning and decision-making processes use the public involvement and environmental analysis process mandated under FLPMA and the National Environmental Policy Act (1969) National Environmental Policy Act of 1969 as amended, Section 101(2): “that the Nation may assure for all Americans safe, healthful, productive, and aesthetically and culturally pleasing surroundings . . .” The BLM’s Planning Handbook (H-1601-1), appendix C, p. 11: RMP visual resource guidance and implementation guidance + numerous IMs that John will cover.

  4. Why are Visual Resources becoming a growing issue?

  5. BLM Resource Management Plans • An RMP is a blueprint explaining how the BLM will manage areas of public land over a period of time (generally 10-20 +/- years).  • RMPs contain decisions that guide future management actions and subsequent site-specific implementation and on-the-ground management decisions.  • RMPs establish goals and objectives for resource management (desired outcomes) and the measures needed to achieve these goals and objectives (management actions and allowable uses) – VRM is one of those decisions.

  6. Example: Proposed Alternatives No Action Alternative Proposed RMP

  7. Example: Proposed Alternatives No Action Alternative Preliminary Approved RMP Are your VRM decisions consistent with the other decisions?

  8. Red Rock Canyon National Conservation Area Legislation – RMP-Decisions (VRM)

  9. Tiering & NEPA Analysis Does the Proposed Action “conform” to the RMP? Tiering is using the coverage of general matters in broader NEPA documents in subsequent, narrower NEPA documents Future actions must conform with RMP decisions. Subsequent environmental documents explain site specific impacts (e.g. EAs/EISs). The broader NEPA document can be incorporated by reference into the project-specific NEPA analysis – I’m lookin’ for the “VRM check-box.

  10. Take Home Messages • VRM is not a “soft” decision. • VRM decisions must “fit” or conform with an RMP’s decisions and subsequent on-the-ground decisions. • Policy direction on renewables and nonrenewables, PLUS public land-urban interface has pushed visual resource issues to the forefront. • VRI and VRM decisions must be able to withstand legal challenges!Document your “rational” approach! Mark Spencer, Red Rock/Sloan Field Office

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