Protest Procedures for BLM and Forest Service Planning Efforts
The protest procedures for planning efforts involving the Bureau of Land Management (BLM) and the Forest Service are outlined in this document. Key points include who can participate, filing requirements, and the process for protest resolution. The importance of addressing issues raised during the planning process is emphasized, along with the final decision-making authority of the respective Directors.
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Sagebrush Ecosystem Council Presentation June 12, 2015
One process that applies to both BLM and the Forest Service. For this planning effort, the Forest Service has waived their objection procedures under 36 CFR 219.59, and adopted the BLM s protest procedures outlined in 43 CFR 1610.5-2.
Must have previously participated in the Planning Process. Has an interest which is or may be adversely affected by the planning decisions. A protest may raise only those issues which were submitted for the record during the planning process.
Protest must be in writing and filed with Washington Office BLM Director. Must be filed within 30 calendar days of the date the EPA published the notice of receipt of the FEIS (May 29, 2015) in the Federal Register.
The Protest shall contain: Name, mailing address, telephone number and interest of the person filing the protest. A statement of the issue(s) being protested. A statement of the part(s) of the plan amendment being protested. A copy of all documents addressing the issue(s) that were submitted during the planning process by the protesting party or an indication of the date the issue or issues were discussed for the record. A concise statement explaining why the State Director s decision is believed to be wrong.
The Director shall promptly render a decision of the protest. The decision shall be in writing and shall set forth the reasons for the decision. The decision shall be sent to the protesting party by certified mail, return receipt requested. The decision of the Director shall be the final decision of the Department of the Interior (and Forest Service).
Governors Consistency Review applies only to the BLM under 43 CFR 1610.3-2(e). The Forest Service does not have a Governor s Consistency Review requirement in their CFRs.
May 29, 2015: BLM submitted the Proposed Plan/FEIS to the Governor with a notification letter requesting consistency review within 60-days. If the Governor does not respond within 60-days, the plan amendment shall be presumed to be consistent.
If the written recommendation(s) of the Governor recommends changes in the Proposed Plan Amendment which were not raised during the public participation process, the State Director shall provide a public opportunity to comment on the changes. If the State Director does not accept the Governor s recommended changes, the State Director will notify the Governor s Office, and the Governor shall have 30 days to file a written appeal with the BLM Washington Office Director.
The BLM Director shall accept the written recommendations of the Governor if he determines that they provide for a reasonable balance between the National interest and the State s interest. The BLM Director shall communicate to the Governor, in writing, and publish in the Federal Register his reasons for the determination to accept or reject the Governor s recommendations. The Record of Decision will then be signed.
Sagebrush Ecosystem Council Presentation June 12, 2015
Different Planning Regulations: BLM is under Federal Land Policy and Management Act (FLPMA) Forest Service is under National Forest Management Act (NFMA)
Draft RMPA/Draft EIS has an Appendix which identified that the Forest Service would have a separate Plan Amendment and portrayed an example of how it would look. Although there are two separate plan amendments in Chapter 2 of the Proposed Plan, they are analyzed under one EIS.
BLM planning requires Goals, Objectives, and Management Actions Forest Service planning requires Desired Future Conditions, Objectives, and Standards/Guidelines. Forest Service has a style guide for crafting language for their planning requirements, BLM does not.
Basically, the Forest Service and BLM plans provide for similar conservation for Greater Sage-Grouse. All allocation decisions are identical. Coordination decisions (coordination with SETT) and future processes (prioritization for actions and recommended withdrawals) are not required planning decisions for the Forest Service. Much of this information will be addressed in the Forest Service Record of Decision.
