![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Land Use Planning
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 20, 2004 (Volume 69, Number 138)]
[Proposed Rules]
[Page 43378-43383]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jy04-23]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 1600
[Docket No. WO-350-2520-24 1A]
RIN 1004-AD 57
Land Use Planning
AGENCY: Bureau of Land Management (BLM), Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would modify the BLM's planning regulations
for three reasons. It defines cooperating agency and cooperating agency
status. It clarifies the responsibility of managers to offer this
status to qualified agencies and governments and to respond to requests
for this status. Finally, it makes clear the rule of cooperating
agencies in the various steps of BLM's planning process.
The rule is needed to emphasize the importance of working with
federal and state agencies and local and tribal governments through
cooperating agency relationships in developing, amending, and revising
the Bureau's resource management plans. BLM's current planning
regulations do not mention the cooperating agency relationship.
DATES: You should submit your comments on or before September 20, 2004.
The BLM may not necessarily consider comments postmarked or received by
messenger or electronic mail after the above date in the decision-
making process on the final rule.
ADDRESSES:
Mail: Director (630), Bureau of Land Management, Eastern States
Office, 7450 Boston Boulevard, Springfield, Virginia, 22153, Attention:
RIN 1004-AD57.
Personal or messenger delivery: Room 401, 1620 L Street, NW.,
Washington, DC, 20036.
Direct Internet: http://www.blm.gov/nhp/news/regulatory/
index.htm 
Internet e-mail: WOComment@BLM.gov (Include ``Attn: AD57''.
Federal eRulemaking Portal: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Robert Winthrop at (202) 785-6597 or
Mark Lambert at (202) 452-7763. Persons who use a telecommunications
device for the deaf (TDD) may call the Federal Information Relay
Service (FIRS) at 1-800-877-8339, 24 hours a day, 7 days a week.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Background
III. Why Are We Proposing This Rule?
IV. Section-by-Section Analysis
V. Procedural Matters
I. Public Comment Procedures
A. How Do I File Comments?
You may submit your comments by any one of several methods:
? You may mail your comments to: Director (630), Bureau of
Land Management, Eastern States Office, 7450 Boston Boulevard,
Springfield, Virginia, 22153, Attention: RIN 1004-AD57.
? You may deliver comments to 1620 L Street, NW., Suite 401,
Washington, DC 20036.
? You may comment directly via the Internet by accessing our
automated commenting system located at http://www.blm.gov/
nhp/news/regulatory/index.htm and following the instructions
there.
? You may e-mail your comment to: WOComment@blm.gov (Include
``Attn: AD57'' in the subject line).
Please make your comments on the proposed rule as specific as
possible, confine them to issues pertinent to the proposed rule, and
explain the reason for any changes you recommend. Where possible, your
comments should reference the specific section or paragraph of the
proposal that you are addressing.
The Department of the Interior may not necessarily consider or
include in the Administrative Record for the final rule comments that
we receive after the close of the comment period (see DATES) or
comments delivered to an address other than those listed above (see
ADDRESSES).
B. May I Review Comments Others Submit?
BLM intends to post all comments on the Internet. If you are
requesting that your comment remain confidential, do not send us your
comment at the direct internet address or the e-mail address because we
immediately post all comments we receive on the internet. Also,
comments, including names and street addresses of respondents, will be
available for public review at the address listed under ADDRESSES:
Personal or messenger delivery'' during regular business hours (7:45
a.m. to 4:15 p.m.), Monday through Friday, except holidays.
Individual respondents may request confidentiality, which we will
honor to the extent allowable by law. If you wish to withhold your name
and address, except for the city or town, you must state this
prominently at the beginning of your comment. We will make all
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
II. Background
Cooperative agency status provides a formal framework for
governmental units--local, state, tribal, or federal--to engage in
active collaboration with a lead federal agency to implement the
requirements of the National Environmental Policy Act of 1969 (NEPA) 42
U.S.C. 4321, et seq. The goals of the cooperating agency relationship
include:
? Gaining early and consistent involvement;
? incorporating local knowledge of economic and social conditions;
? addressing intergovernmental issues;
? avoiding duplication of effort; and
? building relationships of trust and collaboration for
long-term mutual gain.
To focus our efforts and those of our cooperating agencies, at the
start of the land use planning process BLM should indicate general
goals of the land use plan, including potential land allocation
parameters consistent with statutory and regulatory requirements.
The Council on Environmental Quality (CEQ) defines cooperating
agency in regulations implementing NEPA, particularly at 40 CFR 1501.6
and 1508.5. The regulations specify that a federal agency qualifies as
a cooperating agency because of ``jurisdiction by law or special
expertise'' in federal actions significantly affecting the quality of
the human environment. A state agency, local government, or tribal
government having similar qualifications may also serve as a
cooperating agency. The Federal Land Policy and Management Act of 1976
(FLPMA, 43 U.S.C. 1712(c)(9)) mandates that to the extent practical and
consistent with laws governing public lands, BLM coordinate the
planning it undertakes with the plans of other federal agencies, state
agencies, and local and tribal governments. As proposed here, the
cooperating agency relationship complements FLPMA's coordination
requirement. It would require BLM,
[[Page 43379]]
except in unusual circumstances, to collaborate with its counterparts
from cooperating Federal, state, local or tribal agencies or
governments in developing or revising BLM's resource management plans.
The BLM Planning Handbook (H-1601-1) defines collaboration as ``a
cooperative process in which interested parties, often with widely
varied interests, work together to seek solutions with broad support
for managing public and other lands.''
Because this proposed rule would modify BLM's planning, it does not
address the use of the cooperating agency relationship or collaboration
with interested parties in other contexts, particularly project-level
actions. This proposed rule is not intended to restrict other uses of
cooperating agency or collaboration.
III. Why Are We Proposing This Rule?
BLM's policy emphasizes the importance of working with federal and
state agencies and local and tribal governments to develop the Bureau's
resource management plans. BLM's current planning regulations do not
mention the cooperating agency relationship, an important tool for
working with other agencies and governments. The proposed rule:
? Defines cooperating agency and cooperating agency status;
? Clarifies the responsibility of managers to offer this
status to qualified agencies and governments, and to respond to
requests for this status; and,
? Formally establishes the role of cooperating agencies in
the various steps of BLM's planning process.
The proposed rule would not make any substantive changes in the
public participation requirements found at Sec. 1610.2. These
requirements direct BLM to provide the public with meaningful
opportunities to participate in the preparation of plans, amendments,
and related guidance. The collaboration between BLM and cooperating
agencies envisioned by the proposal is in addition to existing
requirements to engage the public in the planning process.
Because cooperating agencies are government agencies, any meetings
between BLM and agencies that have attained cooperating agency status
would not be subject to the requirements of the Federal Advisory
Committee Act (FACA), 5 U.S.C. Appendix section 2. This is because
Section 204(b) of the Unfunded Mandates Reform Act of 1995, Public Law
104-4, provides that FACA does not apply to meetings held exclusively
between Federal officials and officers of state, local, and tribal
governments.
BLM is proposing other minor changes not directly related to
cooperating agencies that update our planning regulations to reflect
our current organizational structure. BLM was reorganized in many
district and area jurisdictions. We now use the term ``field office''
in referencing these jurisdictions. Therefore, resource management plan
boundaries do not typically follow the previous ``resource area''
boundaries and managers of these new jurisdictions have assumed the
title of field manager. These organizational adjustments are reflected
in the proposed rule changes.
IV. Section-by-Section Analysis
Section 1601.4 Responsibilities
* * * * *
The only changes proposed for this section are editorial, and would
not affect the substance of the rule.
Section 1601.0-5 Definitions
We propose to amend this section by adding definitions of
``cooperating agency'' and ``cooperating agency status.'' The
definition of cooperating agency is drawn directly from the cooperating
agency definition in the Council of Environmental Quality (CEQ)
regulations in 40 CFR 1501.6 and 1508.5. The definition of cooperating
agency status makes clear that an agency becomes a cooperating agency
only after it has entered into a written agreement with BLM.
We are also adding a definition of Field Manager. The purpose of
the definition is to update the regulations to reflect BLM's current
organizational structure. In many cases, BLM has moved away from having
district offices and subordinate area offices. BLM now has field
offices that we formerly called area offices or district offices.
However, in some instances, we maintain a district office with
subordinate field offices. Therefore, to avoid having to use the term
``District Manager and/or Field Manager'' we are defining Field Manager
to include both positions.
Section 1610.1 Resource Management Planning Guidance
The only changes proposed for this section are editorial, and would
not affect the substance of the rule.
Section 1610.2 Public Participation
The only changes proposed for this section are editorial, and would
not affect the substance of the rule.
Section 1610.3-1 Coordination of Planning Efforts
Changes to this section would provide direction that explicitly
requires State Directors and Field Managers to utilize the cooperating
agency relationship in their efforts to coordinate with other federal
and state agencies and local and tribal governments, where possible and
appropriate. We propose to include language instructing State Directors
and Field Managers to invite qualifying federal agencies, state and
local governments, and tribal governments to participate as cooperating
agencies in the development, amendment, and revision of resource
management plans. New language also would require Field Managers to
consider requests for cooperating agency status from other federal and
state agencies and local and tribal governments, and to inform the
State Director if the Field Manager denies the request. These changes
would provide a more consistent approach to the use of cooperating
agencies by the BLM. Other changes proposed for this section are
editorial, and would not affect the substance of the rule.
Section 1610.4-1 Identification of Issues
We propose revising this section to instruct Field Managers to
collaborate with cooperating agencies throughout the scoping process.
Other changes proposed for this section are editorial, and would not
affect the substance of the rule.
Section 1610.4-2 Development of Planning Criteria
We propose revising the first sentence of this section to expressly
include cooperating agencies among those the BLM will coordinate with
in developing planning criteria for resource management plans and
revisions.
Section 1610.4-3 Inventory Data and Information Collection
We propose revising the first sentence of this section to instruct
Field Managers to collaborate with cooperating agencies in arranging
for the collection of data and information. Other changes proposed for
this section are editorial, and would not affect the substance of the
rule.
Section 1610.4-4 Analysis of the Management Situation
We propose revising the first sentence of this section to instruct
Field Managers to collaborate with cooperating agencies in preparing
the analysis of the management situation.
Section 1610.4-5 Formulation of Alternatives
We propose revising the first sentence of this section to instruct
BLM to
[[Page 43380]]
collaborate with cooperating agencies in formulating alternatives. We
also would emphasize that the decision to identify a preferred
alternative remains the exclusive responsibility of the BLM.
Section 1610.4-6 Estimation of Effects of Alternatives
We propose revising this section to instruct Field Managers to
collaborate with cooperating agencies in analyzing and displaying the
effects of implementing each alternative. The second sentence would
emphasize that the decision to identify a preferred alternative remains
the exclusive responsibility of the BLM. Other changes proposed for
this section are editorial, and would not affect the substance of the
rule.
Section 1610.4-7 Identification of Preferred Alternative
We are changing the title of the section to be consistent with CEQ
regulations that address the identification of a preferred alternative,
not the selection of the preferred alternative. We propose rewriting
the first sentence of this section into two sentences. The first
sentence would instruct Field Managers to collaborate with cooperating
agencies in evaluating the alternatives and identifying a preferred
alternative. The second sentence would emphasize that the decision to
identify a preferred alternative remains the exclusive responsibility
of the BLM. Other changes proposed for this section are editorial, and
would not affect the substance of the rule.
Changing Titles
We are proposing numerous changes throughout Part 1600 when
referring to position titles. These changes would replace the title of
District Manager and Area Manager with the term Field Manager to
reflect the current BLM organization.
V. Procedural Matters
Executive Order 12866, Regulatory Planning and Review
This proposed rule is not a significant regulatory action and is
not subject to review by the Office of Management and Budget under
Executive Order 12866. The effect of the rule is limited to
governmental entities, and merely clarifies within BLM's planning
regulations the criteria for cooperating agency relationships, and
their application to BLM's planning process. This rule does not create
new opportunities or obligations for other agencies beyond those
already existing under the Council on Environmental Quality's
regulations, particularly 40 CFR 1501.6 and 1508.5.
The proposed rule will not have an effect of $100 million or more
on the economy. It will not adversely affect in a material way the
economy, productivity competition, jobs, the environment, public
health, or safety, of State, local or tribal governments or
communities. The proposed rule will not interfere or create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency. This proposed rule does not alter the budgetary effects
of entitlements, grants, user fees, loan payments, or the right or
obligations of their recipients; nor does it raise novel legal or
policy issues.
BLM does not have to assess the potential costs and benefits of the
rule under section 6(a)(3) of that order because the rule does not meet
the criteria for assessment described in that section. That is, the
proposed rule does not result in economic impacts of $100 million or
more per year, does not propose any novel policy changes, does not
cause any significant sectoral impacts, and does not conflict with any
other regulations.
Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980 (RFA), as
amended, 5 U.S.C. 601-612, to ensure that Government regulations do not
unnecessarily or disproportionately burden small entities. The RFA
requires a regulatory flexibility analysis if a rule would have a
significant economic impact, either detrimental or beneficial, on a
substantial number of small entities. This rule will not have a
significant economic effect on a substantial number of small entities
under the Regulatory Flexibility Act. The effect of the rule is limited
to governmental entities, and merely clarifies within BLM's planning
regulations the criteria for cooperating agency relationships, and
their application to BLM's planning process. While state agencies and
local and tribal governments may entail some expense in participating
as cooperating agencies in BLM planning processes, their participation
is entirely voluntary. Moreover, this rule does not alter their
opportunities to participate as cooperating agencies, which is already
provided for in the Council on Environmental Quality (40 CFR 1500 et
seq.) regulations.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule does not have
an annual effect on the economy of $100 million or more. It will not
cause an increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions. While state agencies and local and tribal governments may
entail some expense in participating as cooperating agencies in BLM
planning processes, their participation is voluntary. This rule does
not alter their opportunities to participate as cooperating agencies.
The rule does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
BLM has determined that this proposed rule is not significant under
the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, because it
will not result in State, local, and tribal government, or private
sector expenditures of $100 million or more in any one year. This
proposed rule will not significantly or uniquely affect small
governments. Therefore, BLM is not required to prepare a statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1502 et seq.).
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights (Takings)
The proposed rule does not represent a government action capable of
interfering with constitutionally protected property rights. Therefore,
the Department of the Interior has determined that the rule would not
cause a taking of private property or require further discussion of
takings implications under this Executive Order.
Executive Order 13132, Federalism
The proposed rule would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. The rule only codifies existing policy
that allows states and local government to participate in land use
planning with BLM and neither adds nor removes these entities from a
decision making role. Therefore, BLM has determined that this proposed
rule does not have sufficient Federalism implications to
[[Page 43381]]
warrant BLM preparation of a Federalism Assessment.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The proposed rule does not include policies that have tribal
implications as defined in Executive Order 13175. That is, it would not
``have substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes''. The proposed rule would not alter the
right of a federally recognized tribal government to serve as a
cooperating agency in the BLM planning process. Moreover, tribal
governments are sovereign dependent nations, standing in a government-
to-government relationship with the U.S. government. This provides the
primary basis for consultation with federal agencies, taking precedence
over any consultation procedures established through regulation,
including the rule proposed here.
Executive Order 12988, Civil Justice Reform
Under Executive Order 12988, the Office of the Solicitor has
determined that this proposed rule would not unduly burden the judicial
system and that it meets the requirements of sections 3(a) and 3(b)(2)
of the Order.
Paperwork Reduction Act
This proposed regulation does not contain any information
collection requirements.
National Environmental Policy Act of 1969
BLM has determined that this proposed rule is categorically
excluded from environmental review under section 102(2)(c) of the
National Environmental Policy Act (NEPA). Under the Department of the
Interior Manual 516 DM, Chapter 2, Appendix 1, Sec. 1.10, this
proposed rule qualifies as a categorical exclusion because it is
procedural in nature and because its environmental effect is too broad,
speculative or conjectural to analyze. Furthermore, the proposed rule
does not meet any of the 10 criteria for exceptions to the categorical
exclusions listed in 516 DM, Chapter 2, Appendix 2. Under Council on
Environmental Quality regulations (40 CFR 1508.4) and the environmental
policies and procedures of the Department of the Interior, the term
``categorical exclusions'' means a category of actions that do not
individually or cumulatively have a significant effect on the human
environment and that have been found to have no such effect in
procedures adopted by a Federal agency and for which neither an
environmental assessment nor an environmental impact statement is
required.
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
In accordance with Executive Order 13211, BLM has determined that
the proposed rule will not have substantial direct effects on the
energy supply, distribution or use, including a shortfall in supply or
price increase.
Clarity of the Regulations
Executive Order 12866 requires each agency to write regulations
that are simple and easy to understand. We invite your comments on how
to make these proposed regulations easier to understand, including
answers to questions such as the following:
(1) Are the requirements in the proposed regulations clearly stated?
(2) Do the proposed regulations contain technical language or
jargon that interferes with their clarity?
(3) Does the format of the proposed regulations (grouping and order
of sections, use of headings, paragraphing, etc.) aid or reduce their
clarity?
(4) Would the regulations be easier to understand if they were
divided into more (but shorter) sections? (A ``section'' appears in
bold type and is preceded by the symbol ``Sec. '' and a numbered
heading, for example Sec. 2522.42 If I am an assignee, what must I
provide to BLM to obtain my assignment?
(5) Is the description of the proposed regulations in the
SUPPLEMENTARY INFORMATION section of this preamble helpful in
understanding the proposed regulations? How could this description be
more helpful in making the proposed regulations easier to understand?
Please send any comments you have on the clarity of the regulations
to the address specified in the ADDRESSES section.
The principal authors of this proposed rulemaking are Robert
Winthrop and Mark Lambert, of BLM's Planning, Assessment, and Community
Support Group, assisted by Michael Schwartz, of BLM's Regulatory
Affairs Group.
List of Subjects at 43 CFR Part 1600
Administrative practice and procedures, Environmental impact
statements, Indians, Intergovernmental relations, Public lands.
Dated: July 7, 2004.
Rebecca W. Watson,
Assistant Secretary, Land and Minerals Management.
For reasons set forth in the preamble and under the authority of
the FLPMA (43 U.S.C. 1740), BLM proposes to amend part 1600 of title 43
of the Code of Federal Regulations as set forth below:
1. The authority citation for part 1600 continues to read as follows:
Authority: 43 U.S.C. 1711-1712.
2. Amend Sec. 1601.0-4 by revising paragraphs (b) and (c) to read
as follows:
Sec. 1601.0-4 Responsibilities.
* * * * *
(b) State Directors will provide quality control and supervisory
review, including plan approval, for plans and related environmental
impact statements and provide additional guidance, as necessary, for
use by Field Managers. State Directors will file draft and final
environmental impact statements associated with resource management
plans and amendments.
(c) Field Managers will prepare resource management plans,
amendments, revisions and related environmental impact statements.
State Directors must approve these documents.
3. Amend Sec. 1601.0-5 by redesignating paragraphs (d) through (k)
as paragraphs (g) through (n) respectively, by adding in newly
redesignated paragraph (m) ``or field office'' following the word
``area'' in the first sentence, and by adding new paragraphs (d), (e),
and (f) to read as follows:
Sec. 1601.0-5 Definitions.
* * * * *
(d) Cooperating agency has the same meaning as provided in the
Council of Environmental quality regulations at 40 CFR 1501.6 and
1508.5, and meaning a government entity that--
(1) Is one of the following agencies:
(i) Any Federal agency other than a lead agency;
(ii) A similarly qualified--
(A) State agency;
(B) Local government agency; or
(C) Indian tribe or tribal agency when the effects are on a
reservation or on ceded public land with reserved treaty rights; and
(2) Is qualified to participate in the development of environmental
impact statements as provided in 40 CFR 1501.6 and 1508.5 or, as
necessary, other environmental documents that BLM prepares, by virtue
of its:
[[Page 43382]]
(i) Jurisdiction by law as defined in 40 CFR 1508.15 or,
(ii) Special expertise as defined in 40 CFR 1508.26.
(e) Cooperating agency status means a cooperating agency that has
entered into a written agreement with the BLM establishing the
respective responsibilities of the parties in the planning and NEPA
processes. BLM and the cooperating agency will work together under the
terms of the agreement. Cooperating agencies will participate in the
various steps of BLM's planning process as feasible, given the
constraints of the agencies' resources and expertise.
(f) Field Manager means a BLM employee with the title ``Field
Manager'' or ``District Manager.''
* * * * *
Sec. 1610.1 [Amended]
4. Amend Sec. 1610.1 by inserting after ``resource areas''
wherever it appears, the term ``or field office.''
5. Amend Sec. 1610.2 by revising the first sentence of paragraph
(c) and revising paragraph (g) to read as follows:
Sec. 1610.2 Public participation.
* * * * *
(c) When BLM starts to prepare, amend or revise resource management
plans we will begin the process by publishing a notice in the Federal
Register and appropriate local media, including newspapers of general
circulation in the state and field office area. The Field Manager may
also decide if it is appropriate to publish a notice in media in
adjoining States. * * *
* * * * *
(g) BLM will make copies of an approved resource management plan
and amendments reasonably available for public review. Upon request, we
will make single copies available to the public during the public
participation process. After BLM approves a plan, amendment, or
revision we may charge a fee for additional copies. We will also have
copies available for public review at:
(1) The State Office that has jurisdiction over the lands;
(2) The Field Office that prepared the plan; and
(3) The District Office, if any, having jurisdiction over the Field
Office that prepared the plan.
* * * * *
6. Amend Sec. 1610.3-1 by:
a. Revising paragraph (a),
b. Redesignating existing paragraphs (b), (c), (d), (e), and (f) as
(c), (d), (e), (f), and (g) respectively,
c. Revising newly redesignated paragraph (g) and,
d. Adding a new paragraph (b) to read as follows:
Sec. 1610.3-1 Coordination of planning efforts.
(a) In addition to the public involvement prescribed by Sec.
1610.2 the following coordination is to be accomplished with other
Federal agencies, state and local governments, and Indian tribes. The
objectives of the coordination are for the State Directors and Field
Manager to:
(1) Keep apprised of non-Bureau of Land Management plans;
(2) Assure that BLM considers those plans that are germane in the
development of resource management plans for public lands;
(3) Assist in resolving, to the extent practicable, inconsistencies
between Federal and non-Federal government plans;
(4) Provide for meaningful public involvement of other Federal
agencies, State and local government officials, both elected and
appointed, and Indian tribes in the development of resource management
plans, including early public notice of proposed decisions that may
have a significant impact on non-Federal lands; and
(5) Where possible and appropriate, develop resource management
plans collaboratively with cooperating agencies.
(b) When developing or revising resource management plans, BLM
State Directors and Field Managers will invite qualifying Federal
agencies and state, local, and tribal governments to participate as
cooperating agencies. The same requirement applies when BLM amends
resource management plans through an environmental impact statement.
State Directors and Field Managers will consider any requests of other
Federal agencies and State, local, and tribal governments for
cooperating agency status. Field Managers who deny such requests will
inform the State Director of the denial. The State Director will
determine if the denial is appropriate.
* * * * *
(g) When an advisory council has been formed under section 309 of
the Federal Land Policy and Management Act of 1976 for the area
addressed in a resource management plan or plan amendment, BLM will
inform that council, seek its views, and consider them throughout the
planning process.
7. Amend Sec. 1610.4-1 by revising the second sentence to read as
follows:
Sec. 1610.4-1 Identification of issues.
* * * The Field Manager, in collaboration with any participating
cooperating agencies, will analyze those suggestions and other
available data, such as records of resource conditions, trends, needs,
and problems, and select topics and determine the issues to be
addressed during the planning process. * * *
8. Revise Sec. 1610.4-2 to read as follows:
Sec. 1610.4-2 Development of planning criteria.
(a) The Field Manager will prepare criteria to guide development of
the resource management plan or revision, to ensure:
(1) It is tailored to the issues previously identified and
(2) That BLM avoids unnecessary data collection and analyses.
(b) Planning criteria will generally be based upon applicable law,
Director and State Director guidance, the results of public
participation and coordination with any participating cooperating
agencies and other Federal agencies, State and local governments, and
Indian tribes.
(c) BLM will make proposed planning criteria, including any
significant changes, available for public comment prior to being
approved by the Field Manager for use in the planning process.
(d) BLM may change planning criteria as planning proceeds if we
determine that public suggestions or study and assessment findings make
such changes desirable.
9. Amend Sec. 1610.4-3 by revising the first sentence to read as
follows:
Sec. 1610.4-3 Inventory data and information collection.
(a) The Field Manager, in collaboration with any participating
cooperating agencies, will arrange for resource, environmental, social,
economic and institutional data and information to be collected, or
assembled if already available. * * *
10. Revise Sec. 1610.4-4 by amending the first sentence of the
introductory text to read as follows:
Sec. 1610.4-4 Analysis of the management situation.
The Field Manager, in collaboration with any participating
cooperating agencies, will analyze the inventory data and other
information available to determine the ability of the resource area to
respond to identified issues and opportunities. * * *
11. Amend Sec. 1610.4-5 by revising the first sentence to read as
follows:
[[Page 43383]]
Sec. 1610.4-5 Formulation of alternatives.
At the direction of the Field Manager, in collaboration with any
participating cooperating agencies, BLM will consider all reasonable
resource management alternatives and develop several complete
alternatives for detailed study. Nonetheless, the decision to designate
alternatives for the further development and analysis remains the
exclusive responsibility of the BLM. * * *
12. Amend Sec. 1610.4-6 by revising the first sentence to read as
follows:
Sec. 1610.4-6 Estimating effects of alternatives.
The Field Manager, in collaboration with any participating
cooperating agencies, will estimate and display the physical,
biological, economic, and social effects of implementing each
alternative considered in detail. * * *
13. Amend Sec. 1610.4-7 by revising the section heading and the
first sentence to read as follows:
Sec. 1610.4-7 Identification of preferred alternatives.
The Field Manager, in collaboration with any participating
cooperating agencies, will evaluate the alternatives, estimate their
effects according to the planning criteria, and identify a preferred
alternative that best meets Director and State Director guidance.
Nonetheless, the decision to identify a preferred alternative remains
the exclusive responsibility of the BLM. * * *
14. In addition to the amendments set forth above, in 43 CFR part
1600, in the table below, for each section indicated in the left
column, remove the title indicated in the middle column from wherever
it appears in the section, and add the title indicated in the right
column.
Sec. Sec. 1610.0-5, 1610.1, 1610.2, 1610.3-1, 1610.3-2, 1610.4-8,
1610.4-9, 1610.5-1, 1610.5-3, 1610.5-5, 1610.5-7, 1610.7-1,
1610.8 [Amended]
---------------------------------------------------------------------------
Section Remove Add
---------------------------------------------------------------------------
1601.0-5.............. District and Area Manager........ Field Manager.
1610.1................ District and Area Manager........ Field Manager.
1610.2................ District Manager................. Field Manager.
1610.3-1.............. District or Area Manager......... Field Manager.
1610.3-2.............. District and Area Managers....... Field Managers.
1610.4-8.............. District Manager................. Field Manager.
1610.4-9.............. District Manager................. Field Manager.
1610.5-1.............. District Manager................. Field Manager.
1610.5-3.............. District and Area Manager........ Field Manager.
1610.5-5.............. District Manager................. Field Manager.
1610.5-7.............. District and Area Manager........ Field Manager.
1610.7-1.............. District Manager................. Field Manager.
1610.8................ District or Area Manager......... Field Manager.
---------------------------------------------------------------------------
[FR Doc. 04-16224 Filed 7-19-04; 8:45 am]
BILLING CODE 4310-84-M