[Federal Register Volume 69, Number 138 (Tuesday, July 20, 2004)]
[Proposed Rules]
[Pages 43378-43383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16224]


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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.

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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: www.blm.gov/nhp/news/regulatory/index.htm
    Internet e-mail: [email protected] (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 atwww.blm.gov/mhp/news/regulatory/index.htm and following the instructions there.
     You may e-mail your comment to: [email protected] (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.
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[FR Doc. 04-16224 Filed 7-19-04; 8:45 am]
BILLING CODE 4310-84-M[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][PRORULES]