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
Summary: This presentation will address established BLM decision making processes, decision space, and constraints. Discussion will address how BLM moves from issues to decisions; and how different BLM organizational layers, other agencies, local/state governments, stakeholder, the public - including the RACs - interact during the decision process. The examples will illustrate how BLM partners with RACs to resolve land management issues and make decisions. Questions from RAC members will be welcome at any time during the session. A close-out discussion will allow RAC members to share their own experiences. RAC members will understand where their opportunities lie to participate in the decision process.

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.
We often deal in shades of gray, so what precedents exist to help guide a decision that best supports the public interest?

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. Public Input to 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. Public Input to 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. Public Input to 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. Public Input to 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.
Desired outcomes
Allowable uses

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?