1. Using Consensus-Building and Collaboration in the Context of FACA David Emmerson - DOI CADR Deborah Dalton – EPA CPRC

2. Introduction  Office of Collaborative Action and Dispute Resolution Upstream/Downstream  EPA Conflict Prevention and Resolution Center DE

3. What is Consensus?  Distinguish From Majority Vote  A Package of items Everyone can Live with DD

4. What is Collaboration?  Collaborative Behavior  Collaborative Problem-Solving  “Shared Decision-Making”  “Little d” decisions---Agency still has ultimate authority. DD

5. Federal Government is Increasingly Endorsing Collaboration  Societal Trend— Watershed Groups/Volunteerism  Joint OMB/CEQ Memo—Principles of Agency Engagement  Cooperative Conservation Initiative  FACA Regulations  Establishment of United States Institute of Environmental Conflict Resolution DE

6. Benefits of Consensus- Building/Collaborative Problem-Solving  Build Trust  Emphasis Placed on Planning  Group buy-In on Decisions  Solutions Gain Durability  Enhances Legitimacy of Decisions  Encourages Creative thinking  Builds relationships that may last into other Projects. DE

7. FACA Committees--Good Candidates for Consensus Decision-Making  FACA Requirements Overlap With Best Practices: Balanced Membership/Identify All interests Stated Purpose and Need/Assess Conflict Public Meetings/Transparency Advance Notice of Meetings/Planning, Structure, Minutes, Record-Keeping DD

8. Use of Neutral  Difference Between Facilitator and Mediator  Can perform an “Assessment”  Have No Stake in Matter  Allow Parties to focus on Substance  Can Help parties through difficult Negotiations DD

9. Qualifications Of Neutral  Manage Complex Information and Data  Coordinate Communications and Activities  Personal Qualities: Credibility, Sensitivity, Presence, and Persistence  Ability to write clearly and effectively  Neutrals Should be Familiar With Underlying Concepts of FACA DD

10. Qualifications Of Neutral  Communicate and Listen Effectively  Analyze and Assess Conflicts  Design Process with Parties  Promote Interest-Based Negotiations  Organize and Manage Meetings  Ensure full participation, help develop structural Integrity of Group DD

11. Where to Get a Neutral  In House Concerns: Trust of Parties, Experience, Skills, Time  Private Practice Costs Contracting issues  Other Federal agencies DE

12. Concerns When Using Neutral  Clearly Define roles of Neutral and DFO and Chairperson  Management concerns regarding loss of control or status or delegation of tasks  Costs  Is Neutral Doing his/her job? (Maintaining Neutrality, trust of parties, etc.) DD

13. Challenges of Using FACA as Vehicle for Collaborative Problem Solving  Caucuses of interest groups or between interest groups  Use of workgroups  Between meetings work of members  Appointing relevant members in a timely way  Timeliness of decision making within vertical hierarchy of agency DD

14. FACA Committees That Have Used Consensus-Building  NPS Overflights  RAC Committees  Negotiated Rulemaking Committees DE

15. NPS Overflights  FAA/NPS/Tribes/Air Tours/Conservation Groups  SubCommittee of NP Advisory board  Mediated by Phil Harter  Group reaches consensus on National Rule for Air Tour Overflights—adopted by Congress in Legislation

16. BLM Resource Advisory Committees  Set Up to bring wide range of perspectives together to advise BLM on Resource Management Issues  Many have used Collaborative Problem Solving and Consensus-building to reach agreements on Recommendations (Steens Mountain, Central Montana, many others)

17. Negotiated Rulemaking  Special Kind of FACA Committee  Convened under Negotiated Rulemaking Act  Aside from standard FACA requirements, also requires: use of convenor, use of facilitator.  Becoming more popular at DOI—Cape Cod, Fire Island, Golden Gate, Cape Hatteras (Interplay of NEPA/FACA/REG- NEG)

18. National Seashore Off-Road Driving Negotiated Rulemaking  Cape Cod National Seashore - needed to develop new regulations to control access and routes of off-road and beach driving of tourists, nature lovers, residents and fishermen. protect the fragile dunes protect the fragile dunes provide critical habitat for nesting/fledging endangered Piping Plover. provide critical habitat for nesting/fledging endangered Piping Plover. existing regulations evolved over a period of 35 years existing regulations evolved over a period of 35 years long-standing and serious controversy between park and stakeholders. long-standing and serious controversy between park and stakeholders.

19. Need to Collaborate, but No FACA Committee in Sight?  Options: Outside Contractor Non-Fed entity Form FACA Committee Form FACA Subcommittee Public Meetings that don’t result in Group Recommendation DE

20. Some Tools for Collaborative Problem-solving  Basic Principles for Agency Engagement in Environmental Conflict Resolution and Collaborative Problem-Solving  Ground Rules DE

21. Basic Principles  Informed Commitment  Balanced, Voluntary Representation  Group Autonomy  Informed Process  Accountability  Openness  Timeliness  Implementation DE

22. Importance of Ground Rules  Replacement for Roberts Rules of Order  Describe Scope and Limit of Negotiation  Define Operating Procedures  Define Roles and Responsibilities  Try Out Parties Negotiation Style  Set a Productive Tone Demonstrating Parties’ ability to Agree DD

23. Ground Rules Should Address:  Purpose and Scope  Decision-Making and Ratification Process  Representation, Roles, and Responsibilities  Alternate representatives  Procedural Requirements, Sunshine Laws, Confidentiality  Behavioral Guidelines  Organization and Conduct of Process

24. Ground Rules Should Address:  Time Frame and Schedule  Communication with Constituents, the Public and Media  Facilitator and Chairperson roles and Responsibilities  Funding Issues for Parties and Process DD

25. Read More About It!  www.doi.gov/cadr/ www.doi.gov/cadr/  www.epa.gov/adr www.epa.gov/adr  www.ecr.gov www.ecr.gov