August 03, 2007

To really be effective, the local government should chose the coordination approach rather than cooperation.

Federal

The Federal Land Policy Management, National Environmental Policy Acts (NEPA) and National Forest Management Acts requires federal agencies to coordinate with local governments on their planning.

However, most federal agencies do not want to coordinate because it dilutes their authority in making plans and adds complexity to their planning process. They HAVE to coordinate their plans with those of the various local governments. If they cannot accept a local plan, they have to explain why. They don't like to do that. So they do all they can to get the local governments to go on a cooperative venture, insinuating legal expenses, etc. if the local government demands the coordination approach.

The Coordination Stick

Technically, the federal agency does not have to pay any attention to cooperative "suggestions" from the local government, and they usually won't unless the local government starts rattling the coordination stick. When that happens, the federal agency usually listens to the local government and adapts to the local government where they can. The Federal Government is concerned that if they ride roughshod over the local government, the local government will demand coordination. At least that has been my experience.

However, I suspect that if the local government demands coordination up front, and makes gestures that they are willing to go to court over it, the Federal Government will cave in because they have no legal ground upon which to stand.

U.S. Forest Service

In the case of Wisconsin counties that have US Forest Service (USFS) land within their borders, they can pool their limited resources if necessary to put more pressure on the USFS and probably not have to go to court at all.

Coordination Elements

As Attorney Fred Grant says, two of the most important elements of coordination are prior notice and necessity of seeking consistence. First, prior notice of planning and management actions gives local government the opportunity to make its analysis and recommendations, then monitor the consistency of federal action to local plans throughout the process. The local government must receive notice even before anyone else in the general public -- including the environmentalists. Second, the federal agency is required to make every practicable effort to make the federal and local plans consistent. If consistency and agreement cannot be conceived, the issue of consistency goes to the Secretary of Interior.
 

Federal and State Applications

Citizen-Driven Committee/Local Government Plan

To gain maximum impact from coordination status, a local government must develop and adopt a local land use and management plan. As I understand it this could be part of the state's comprehensive plan requirement. A committee develops the plan and then submits it to the county supervisors for adoption. This plan defines the natural resource priorities in terms of the economic, social, and political customs and culture of the community.
 

Planning Elements

All local industries and uses that make up the economic strength of the community should be prioritized with regard to their dependence upon and impact upon the natural resources and environment. Each area's plan should be written specific to the area, taking into account the adverse impact on the economy if federal and/or state agencies restrict and reduce natural resource use.

Applicable to Countering Comprehensive Planning

The same thing can be done for requirements by the state in the comprehensive plan that does not fit within the custom, culture, or economy of the county; i.e. low income housing, for example. Similar counties can combine resources in developing a plan, but in the end must tailor it to the specific county's needs. I strongly advise against developing autonomous regional committees.
 

Coordination Process Most Effective With the State

The BIG difference between L.E.A.R.N. and the coordination process is when the local government is dealing with the state L.E.A.R.N.'s process is not well developed for this. However, Attorney Fred Grant has used the coordination process very well to put state agencies on the hot seat as well as he has the Federal Government. However, each state is different so a different strategy is required.

Take Advantage of Attorney Fred Grant and the Training Provided by Stewards of the Range

The big advantage that I see for the northern Wisconsin counties is that Stewards of the Range can put on a workshop with Attorney Fred Grant and others that will help train the county supervisors, attorneys and interested citizens.

I strongly recommend this be done.

Dr. Mike Coffman, PhD