Document mbJZdXRLrRXenbjnQeQoGm590

APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC APPENDIX A: Summary Tab September 27, 2017 The following tables provide all the recommendations to improve the resource management planning and NEP A processes categorized by the following themes: 1) Improving the NEPA Process, 2) L everaging Data and Technology, 3) Expanding Coordination and External Engagement, 4) Effective Integration with Other Laws, 5) Aligning Internal Business Processes, and 6) Improving Land Use Planning. The tables provide more details on the recommended actions, including the inefficiency or constraint that would be addressed, who has the authority to implement the action, and a timeframe for implementation of the action. The implementation timeframes for all of the recommended actions assume that each action is implemented individually. Depending on the number of actions that are ultimately directed to be implemented by the Secretary, these timeframes could lengthen considerably without additional resources. S e ction 1 - mproving the NEPA Process Issues Actions/O ptions Re quired Re medy The Determination of NEP A Adequacy" (DNA) tool is underutilized and supported by BLM policy only (e.g., NEPA Handbook). Require that NEPA documents supporting Resource Management Plan (RMP) decisions related to oil and gas development evaluate impacts projected by the Reasonably F oreseeable Development Scenario (RFD). Clarify that this NEPA review should be in enough detail to support the use of a subsequent Documentation of NEPA Adequacy (DNA) to cover certain implementation level decisions, such as leasing decisions. Explore codifying the concept of DNA processes in Departmental NEP A regulations to improve consistency of use across bureaus. Policy Regulation Who Would Implement BLM Timeline 6-12 Months DOI, BLM 1-2 Years 1 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC NEPA documents are often unfocused, exceedingly lengthy, and cumbersome for the action being analyzed. Existing Departmental and BLM CXs that require no additional documentation are underutilized for certain transactional actions. This leads to unnecessary development of EA level NEP A documents. Clarify that reinstatement of a mineral lease for which NEP A analysis was previously conducted can often be supported by a DNA. Formalize the criteria for issue-based approach, currently outlined in BLM's NEPA handbook, in DOI's NEP A regulations, and CEQ s NEP A re gulations for the preparation of all EAs and EISs. Clarify that certain "transactional" actions that are categorically excluded from NEPA (e.g. transfer of oil and gas leases between operators, transfers of livestock grazing permits between operators, and transfers of equipment between agencies) do not require formal NEP A documentation. Develop new CXs for the Wild Horse and Burro program that include: 1) gather operations; 2) sales of excess ^W ild Horses and Burros; 3) application of population growth suppression techniques to wild horses and burros, including contraception and sterilization; and 4) euthanasia of excess wild horses BLM does not fully take advantage of the use of existing CXs that do not require documentation for certain actions The current list of available BL M Categorical Exclusions (CXs) places unnecessary restrictions on their use, which significantly and burros for which an adoption or sale demand does not ex ist. Clarify that certain "transactional" actions that are categorically excluded from NEPA (e.g. transfer of oil and gas leases between operators, transfers of livestock grazing permits between operators, and transfers of equipment between agencies) do not necessarily require formal NEPA documentation. Develop the following CXs for the Wild Horse and Burro program: 1) Wild horse and burro gather operations; 2) Sales of excess wild horses and burros; 3) Application of population growth suppression Policy Regulation Policy Legislation or Policy Policy Legislation or Policy BLM DOI, SOL, BLM BLM, DOI Congress, DOI, BLM, CEQ BLM BLM, CEQ 1-2 Years 1-2 Years 6-12 Months 1-2 Years or 6-12 Months 6-12 Months 1-2 Years 2 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC reduces the BLM's capacity to address certain routine actions causing delays and unnecessary analysis. techniques to wild horses and burros, including contraception and sterilization; 4) Euthanasia of excess wild horses and burros for which an adoption or sale demand does not exist; Develop the following new CXs for oil and gas leasing and development: 1) permitting of FEE/FEE/ FED wells; 2) reclamation of older oil and gas well sites. Develop the following new CXs or modification of existing and approved CXs for range management activities: 1) maintaining existing range improvements not currently covered by a CX (clarify 43 CFR 46.210 (f)); 2) enhance and clarify flexibility in the use of the CX for "current grazing management activities" (FLPMA 402(h)(1)). Amend the Healthy Forests Restoration Act (2003) to establish the following CXs: The following fuels management activities on public lands are categorically excluded from NEPA (42 USC 4331): (1) Vegetation treatment to reduce hazardous fuels; (2) Vegetation treatment to protect wildlife habitat from wildfire impacts; (3) Vegetation treatment to create fuel breaks; (4) Vegetation treatments prioritized in a Community Wildfire Protection Plan. A vegetation management activity covered by the categorical exclusion established under this section may not exceed 10,000 acres. Modi fy the existing CX addressing Issuance of Special Recreation Permits to include the ability to utilize the CX in Special Areas (43 CFR 2932.5) designated for recreational use when surface disturbance would be minimal. Legislation or Policy BLM, CEQ Legislation or Policy BLM, CEQ Legislation DOI, BLM Legislation or Policy DOI, BLM, CEQ 1-2 Years 1-2 Years 1-2 Years 1-2 Years 3 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC Simple plan revisions and amendments are subject to many of the same time-consuming and costly regulatory and policy obligations as either an EA or EIS-level efforts. The inability to use other Federal Land Management Agencies existing CXs for similar actions taken in aquatic and riparian habitats by BLM result in excessive environmental review and analyses. Legislation which includes CXs for land management activities does not always cover BLM activities and can lead to excessive analysis. Modify the planning regulations to eliminate the need to prepare a NEP A document for all planning decisions and establish a new CX for certain types of land use plan revisions and land use plan amendments; such as small-scale land disposals or acquisitions of inholdings within a monument. Establish a mechanism to use USFS CXs for aquatic and riparian habitat restoration activities taken by BLM Modify the 2014 Farm Bill to provide BLM the same authority as the USFS for a CX to authorize implementation of forest resiliency treatments on up to 3,000 acres on lands identified by the Governors or designated by the Secretary to be high risk. Additionally, propose expanding the 2018 F arm Bill CXs to include other program restoration treatments to address: (1) sagebrush restoration; (2) noxious weeds and invasives; (3) expediting emergency stabilization and rehabilitate post wildfires treatments; (4) hazardous fuel reduction; (5) targeted livestock grazing; (6) Current legislative oil and gas Categorical Exclusions (CXs) places unnecessary restrictions on hazardous vegetation removal adjacent to powerline rights-of-ways, and (7) facilitation of oil and gas development (e.g., implemented through stewardship contracting).. Develop a proposal to update and replace the oil and gas leasing and development actions under the Energy CX: Legislation or Policy Planning: Regulation Legislation or Policy Legislation Legislation Congress, BLM, CEQ 1-2 Years DOI, BLM, USFS, CEQ 1-2 Years Congress, DOI, BLM 1-2 Years Congress, DOI, BLM 1-2 Years 4 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC their use which significantly reduces the BLM's capacity to increase the pace and scale of oil Policy Act of 2005 that are categorically excluded from further NEP A consideration, and gas development, Additional CXs are needed for coal to alleviate delays for actions with small or no ground disturbing impacts, Examples may include small coal actions and BLM's action of leasing Consider establishing a CX for actions involving small coal actions (e,g, Exploration Licenses, certain Lease Modification Applications (LMA), Research, Development, and Demonstration (RD&D) Leases) and BLM's action of leasing federal coal. fe deral coal, Ineffective and/or infrequent use of NEP A adoption, tiering and DNA practices result in duplicative analysis, Issues are identified too late in the NEPA process, Update the BL M NEPA handbook to provide guidance 5 to maximize opportunities for adopting other agencies NEP A documents, tiering from higher order NEP A analyses, and using DNAs, Update the BL M NEPA handbook to provide guidance on identifying issues for analysis as well as appropriately eliminating issues from detailed analysis, This includes providing clarification on the scope of "connected actions"1 under NEPA, A lack of internal guidance on Develop an adaptive management chapter in the NEP A incorporation of adaptive management in the NEP A process limits the effectiveness of developing and implementing successful and flexible adaptive management strategies, Sharing large and cumbersome planning documents, which are handbook to enable flexibility in implementing subsequent decisions (e,g, to provide clear guidance on how to accommodate outcome-based grazing), P rovide best practices in the NEP A handbook for how to create a user-friendly, searchable PDF document Legislation or Policy Cong ress, DOI, BLM, CEQ 1-2 Years Policy BLM Policy BLM 6-12 Months 6-12 Months Policy BLM 6-12 Months Policy BLM 6-12 Months 1 As defined in 40 CFR 1508.21 (a)(1)(i-iii) 5 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC hard for the public to review, increase the risk of issues being identified late in the process causing delays. Lack of knowledge of joint lead options can result in agencies preparing individual and duplicative NEPA analyses. EA and EIS documents do not have prescribed page or time limits which ofte n result in lengthy documents that taking too long to develop. Inability to adopt state level Develop guidance focused on recognition and awareness of the benefits of two or more agencies sharing joint lead status on NEPA documents, consistent with SO 3355 and E.O. 13807. Establish guidance to implement recording all agency decisions in one combined Record of Decision (referred to in E.O. 13807 as "One Federal Decision,") and issuance of all Federal authorization decisions for the construction of an EIS-level project within 90 days of the issuance of a ROD in accordance with SO 3355. Provide guidance, through an Instruction Memorandum, to address implementation of required page and time limits associated with EISs, in line with SO 3355, for which BLM is the lead agency and have not reached the drafting stage. See Appendix C. Develop a proposal to establish targeted page and time limits for the preparation of EAs. Submit proposal to Deputy Secretary as required in SO 3353. F ollowing subsequent approval, implement approved proposal. See Appendix C. Request CEQ modify its NEP A regulations to facilitate Pol cy Pol cy Pol cy Pol cy Regulation environmental documents for similar or related actions results in duplicative analyses, additional delays and costs. increased use of state and tribal environmental documents. This is supported by SO 3355. BLM BLM BLM BLM CEQ 6 6-12 Months 6-12 Months 3-6 Months 1 Month 1-2 Years APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC Lack of effective guidance from CEQ on cumulative effects analyses and non-federal connected actions results in analyses that encompass more than what is necessary, meaningful to analysis, or truly reasonably foreseeable. Lack of effective programmatic NEPA documents and adoption procedures leads to duplicative anal yses. F indings of No Significant Impact (FONSIs) are often written vaguely and do not clearly explain why impacts are not significant. Several extraordinary circumstances are overly broad and vague; findings are difficult to support without analysis, increasing litigation risk. Request CEQ provide guidance on further defining ""reasonably foreseeable future actions""2 to address the scope of a cumulative impacts 3 analysis and clarifying the effects of non-federal actions when determining whether on the determination of significance for federal actions have a significant impact. P olicy Provide mandatory training for BLM employees focused on tools to expedite the NEP A process including the appropriate use of CXs and DNAs, right sizing analyses to develop more EAs (including those that result in mitigated F indings of No Significant Impact) rather than defaulting to EISs, and using programmatic analyses to effectively cover many similar actions in one analysis to support site-specific decision making. Refine the criteria used to determine significant effects to facilitate clear identification of why impacts are/are not significant in FONSIs. P olicy P olicy CEQ 6-12 Months BLM 6-12 Months CEQ, BLM 1-2 Years Rewrite and/or clarify extraordinary circumstances. Regulation DOI, CEQ 1-2 Years As included in 40 CFR 1508.7 3 Cumulative Impacts is defined in the CEQ NEPA I mplementing Regu lations as the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (federal or non-federal) or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. See 40 CFR 1508.7 7 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC The cost and amount of time, including contractor support, spent on the NEPA process is not known. Promote greater transparency and accountability by publishing total costs and associated contractor support at the conclusion of the NEPA process. Policy BLM 6-12 Months 8 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC S e ction 2 -- L everaging Data and Technology Issues Actions/O ptions Re quired Re medy A lack of consistent data standards and centralized storage of national datasets poses challenges for utilizing data consistently to support and expedite decisions Collect, store, catalogue, and provide sufficient bandwidth to access core data sets common to BLM offices within a single portal to access all Bureau data. Examples would include transportation networks, wetland location, and soils classifications. Prioritize development of consistent data standards Policy Policy Lack of access to consistent or nationally available datasets limit the abil ity to quickly assess the baseline environment and determine needed modifications to existing management approaches during the planning process. and implement data stewardship requirements for nationwide datasets used to inform planning decisions. Prioritize inter-agency efforts now underway to identify a standard set of land health indicators. These indicators would become the basis for 1) development of an RMP s Analysis of the Management Situation; 2) RMP goals and objectives; and 3) plan evaluation Policy over time. Establish template data sharing agreements for other federal state, local and tribal government and BLM Policy managed data to ensure seamless access to critical data sets for planning decisions. Utilize and incorporate more relevant local and state and tribal data such as state generated datasets associated with state-delegated Clean Water Act and Clean Air Act activities and locally generated socio-economic data Lack of readily available collaboration and commenting tools and templates for use during that meet established data quality standards in accordance with SO 3355. Improve the internal and external collaborative capabilities of ePlanning. This would include adding a collaborative workspace, inclusion of resources such 9 Policy Who Would Implement DOI, BLM, USGS Timeline 1-2 Years BLM BLM 1-2 Years 1-2 Years BLM 3-6 Months BLM 1-2 Years APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC the NEPA process adds time to NEPA reviews. Outdated legislation, regulations and policies result in inconsistent use of geospatial data that causes delays in the NEPA process. Inconsistent use and lack of wide availability of geospatial data on oil and gas leases causes delays in the NEPA process. Lack of use of the agency's corporate document, data management, and decision support systems such as as templates and libraries, integration of geospatial data and analysis tools, templates for development of web-based RMPs and a web-based commenting tool to evaluate alternatives. In addition, enhance the system to schedule and track permit processing and other required authorizations with other Federal agencies; allow the public to receive notifications of upcoming projects; track progress of existing ones; and establish a performance accountability system for EIS-level projects in accordance with SO 3355. Update the General Mining Act of 1872 regulations, specifically 43 CFR P art 3800 Mining Claims Under the General Mining Laws, to require submission of geospatial data instead of hard copy maps. Modify current references in the Mineral Leasing Act of 1920 to require geospatial data be submitted as part of an Expressions Of Interest for oil and gas and coal leases. Continue the establishment of a geographic information and mapping system, in accordance with the Energy Policy Act of 2005, in line with e-GIS, for oil and gas leasing geospatial data to support land use plan decisions. Prioritize implementing best practices for minimizing redundancies in application development. Prioritize development and use of standardized (where appropriate) integrated spatial analyses. Prioritize development and use of standard decision support tools. Regulation Legislation Policy Policy Policy Policy BLM 1-2 Years Congress, DOI, BLM 1-2 Years DOI, BLM, USDA, USFS More than 2 Years BLM BLM BLM 1-2 Years 1-2 Years 1-2 Years 10 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC ePlanning and eGIS results in inefficiencies due to use of parallel and potentially incompatible locally-operated systems. The current BL M website does not display important information regarding planning and NEPA activities in a way that is easy for stakeholders to understand and access. Modernize BLM web sites to be easier to access, both internally and externally. P olicy BLM 6-12 Months 4 ePlanning is a web"based software application that helps BLM users to create, write, manage, and publish National Environmental Policy Act (NEPA) documents and planning documents. It also allows fo r the public to easily search and view these types of documents and provide comments electronically. The application includes functionality to manage the content in documents, publish the content for printing or create web formats, create and enable documents for comments, and analyze comments. 5 eGIS provides a framework for the management of content and promotes collaboration among staff across all Programs and Office s in the Bureau of Land Management. It leverages existing geospatial investments in Desktop, Citrix, ^Veb GIS Apps, Mobile GIS and Location Analytics by making them discoverable, accessible and integrated and provides access to a common set of base maps, including one customized from BLM N ational Data, simple tools, web GIS services, and geospatial data from both the Bureau and from outside sources. 11 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC S e ction 3 -- E xpanding Coordination and External Engagement Issues Actions/O ptions Re quired Re medy Different interpretations of cooperating and coordinating responsibilities as defined in NEPA and FLPMA, respectively, create tension and inhibit productive collaboration with local and state governments. Lack of a consistency review process for local plans causes conflict and inhibits relationships with local governments. Lack of a NEPA pre-scoping discussion with appropriate regulatory agencies can result in last minute changes to a project, which adds significant cost and delay. Lack of frequent coordination with state, local, and Tribal governments outside of individual plans and projects can inhibit relationship building and cause delays when Strengthen and integrate BL^d s coordination with State and local governments and their planning efforts, pursuant to Section 202(c)(9) of FLPMA regarding direction for BL M to coordinate planning with other federal and state agencies also involved in land use planning. Clarify that the Governor's consistency review of the land use planning processes should be inclusive of a consistency review of local (states, county, and city) land use plans, programs, and policies. Establish procedures for conducting outreach prior to publication of an NOI for an EIS to identify and address issues early in the NEPA process. The procedures will have a particular focus on outreach to impacted regulatory agencies, such as FWS, NMFS and USACE, whose review may impact the alternative selected. In addition, initiate cooperating agency status with State agencies no later than 60 days after receiving a complete project application package in accordance with SO 3355. Develop a national-level MOU between the BLM and NACo on coordination with local governments to which individual District or Field Offices can tier. This would provide structure for regular coordination outside of individual planning or project's NEPA processes. 12 Regulation or Policy Regulation or Policy Policy Policy Who Would Implement BLM Timeline 1-2 Years BLM 1-2 Years BLM 1-2 Years BLM, NACo 6-12 Months APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC individual plan/project specific conflicts arise. The current practice of waiting to receive public input on alternatives until the Draft EIS is issued for public comment can lead to substantial issues arising late in the NEPA process which may increase costs and delays. Tribes and State and Local governments are reluctant to share proprietary/sensitive data with the BLM because it is not protected (exempted) from Freedom of Information Act (FOIA) requests. BLM does not effectively utilize technology to communicate the Resource Management Planning Process to the public which can lead to unfocused and unhelpful input Misunderstandings related to Federal Advisory Committee Act, including the underutilization of Resource Advisory Develop an MOU with the National Governors Association to facilitate state-level cooperation in planning, RMP policy development, and coordination with local government planning efforts. Prioritize the completion of training related to BLM Manual 1780 and Handbook H-1780-1 on Improving and Sustaining BL M - Tribal Relations. Establish procedures to make preliminary EIS alternatives available for public review, prior to formal publication of preferred alternatives in a notice of availability of the EIS. Policy Policy Policy Provide BLM with expanded exemptions under F O IA to protect the confidentiality of sensitive information shared by State, Local and Tribal governments, such as reburial information. Legislation Develop a common template for RMPs in ePlanning, host RMPs electronically on the web, and ensure RMPs make ready use of GIS information template in ePlanning to make all RM P s web-based and utilize geographic information systems (GIS) data to with a goal to make plans Policy easier to read and understand. Review current FACA guidance and training, including how it addresses maximizing utilization of RAC s. Make changes or create new training, if Policy BLM,NGA 6-12 Months BLM, Tribes 1-2 Years BLM 1-2 Years Congress, DOI, BLM 1-2 Years BLM 1-2 Years BLM 6-12 Months 13 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC Comm ittees/C ouncils, result in missed opportunities to engage collaboratively with groups to address issues early and minimize delays. necessary, to address what you can and cannot do and best practices for engaging RACs under FACA. 14 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC S e ction 4 - E ffective ntegration with Issues Laws Actions/O ptions Re quired Re medy Identifying and inventorying Lands with ^Wilderness Characteristics during the planning and NEP A process can be burdensome and lead to duplicative analyses. In addition, the BLM heard during public comment that certain existing statutes, such as the Alaska National Interest Lands Conservation Act (ANILCA), may establish conflicting policy regarding lands with wilderness characteristics. Fees collected through the Equal Access to Justice Act can provide an Explore the need for continuation of inventories of lands with wilderness characteristics -- likely would require amending Section 201 of FLPMA, 43 U.S.C. 1711(a) Identify opportunities to improve the process to inventory for wilderness characteristics. This will include both providing for a simplified, GIS-based methodology, wherever possible, to inventory as well as clarifying the broad management discretion for managing lands with wilderness characteristics. Ask Congress to revise the Equal Access to Justice Act (EAJA) to reduce or eli minate the attorney fees incentive for plaintiffs to challenge agency decisions. that can be recovered in litigation, or provide a mechanism for agencies to recover the costs and fees they incur for successfully defending a land use planning document, NEP A analysis and/or Legislation Regulation or Policy Legislation or policy Responding to Freedom of Information Act (FOIA) requests can divert agency resources and ultimately slow down the agency decision-making process. The Endangered Species Act (ESA) consultation process and associated timelines is difficult to align with the implementation decisions. Limit the number of FOIA requests from any one group, requiring more stringent justification for fee waivers, and increased search and redaction fees so the agency can recover all of its direct costs. Legislation or Regulation Revise the 2000 MOA among USFWS, BLM, NMFS, and USFS, which established a general framework for a streamlined process for interagency 15 Policy Who Would Implement Congress, DOI T imeline 1-2 Years DOI, BLM More than 2 Years Cong ress. DOI, BLM More than 2 Years Congress, DOI, SOL More than 2 Years DOI, BLM, FWS, NMFS 6-12 Months APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC NEPA and planning process which can cause delays. Recent litigation has caused uncertainty regarding triggers for reinitiating consultation for existing plans under the Endangered Species Act which may result in inconsistencies in consultations adding time and cost to the planning process. Continued litigation over the interpretation of the Oregon and California Revested Lands Sustained Yield Management Act of 1937 (O&C Act) and its relationship to other laws creates uncertainty and results in delays in implementation of actions in those areas. The Association of O&C counties commented that the O&C Act requires a minimum harvest level cooperation associated with ESA consultations. This will include more effective use of conference opinions and synchronous consultation procedures and mirrored determinations between NM FS and USFWS, in such cases that a federal agency is required to consult with both Services on the same species. Explore the potential to cease formal consultation under the ESA with the FWS or the National Marine Fisheries Service (NMFS) for the adoption, revision, or amendment of a Resource Management Plan (RMP) based on a "no effect" determination made by the BLM. Work with Congress on legislation or seek changes to the regulations implementing Section 7 of the ESA to provide discretion to the Federal action agency to determine whether to reinitiate ESA consultation on an existing land use plan when a new species is listed, critical habitat is designated, or other reinitiation triggers currently in the regulations are tripped. ^Work with Congress to clarify direction for BLM lands in ^W estern Oregon that are currently managed under the Oregon and Ca lifornia Lands Act of 1937. Explore the ability of F^WS to utilize B LM modeling in recovery plans developed and implemented under the ESA for ESA listed species. Legislation, Regulation or Policy Legislation or regulation Legislation Policy DOI, SOL, BLM Congress, or DOI, FWS, NMFS Congress, DOI, BLM, FWS, NMFS, EPA, USACE DOI, BLM, FWS More than 2 Years 1-2 Years 1-2 Years 1-2 Years 16 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC of 500 mmbf per year and that Section 7(a)(2)of the ESA does not impliedly repeal the O&C Act's nondiscretionary mandate to implement sustained yield forestry on all ti mberlands. Unclear expectations regarding the necessary scope of analysis associated with split estate lands can cause excessive and lengthy environmental reviews of issues outside of BLM authority. Multiple opportunities exist to challenge a decision (Protest/appeal) and varying procedures across programs result in different implementation timelines, disincentives for up-front public involvement and general public confusion around the process. Delays caused by protest/appeals can be disproportionate to impacts from certain common actions and decisions. Consider the following actions to address issues that arise with split estate: 1) establish an MOU with affected agencies identifying BLM as the lead for NEPA analyses for lease reinstatements involving split estate; 2) provide better clarity in the Planning Handbook regarding split estate; 3) create a shortform EA template that focuses on non-discretionary resources; 4) develop a Split Estate Handbook for oil and gas,; 5) Update two brochures for split estate for oil and gas; 6) Update IM 2009-078; 7) Change 43 CFR 3161.1 Jurisdiction to be consistent with common directional drilling. Evaluate the potential to harmonize the protest and appeal processes across all BLM programs, including the role of the Interior Board of Land Appeals ( I B LA) and the Office of Hearings and Appeals (OHA). Exempt wildfire management decisions from stay during appeals. Regulation and Policy Potentially Legislation, Multiple Program, OHA and IBLA Regulations Regulation DOI, BLM, DOI SOL, BLM DOI, BLM 1-2 Years More than 2 Years 1-2 Years 17 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC Lengthy administrative processes and appeals for decisions for forestry, grazing and under the ^W ild FreeRoaming Horses and Burros Act (WH&B Act) can create delays. Update the regulations for protest of a forest management decision to modify the protest process and exempt forest management activities from the I B LA appeal process. This would streamline the B L M s administrative remedies for forest management. Amend IB LA regulations for ^W ild Horse and Burro activities to shorten the appeals period from 30 days to 15 days and the time to respond to an appeal from 45 days to 30 days Explore potential options to expedite grazing administrative remedies such as: 1) shorten the I B LA timeframes to appeal period to 15 days and the time to respond to an appeal to 30 days, 2) eliminate the Hearings Division stage and send appeals directly to IB LA, or 3) eliminate the protest Litigation by groups for all ^W il d Free_Roaming Horses and Burros Act (WH&B Act) actions can slow down less controversial non-gather actions. Integrating Clean Air Act requirements into planning and NEP A period for a proposed grazing decision. Amend ^W ild F ree-Roa ming Horse and Burro Act of 1971 regulations to allow for decisions that are effective immediately upon issuance for non-gather related operations such as remote darting for fertility control. Broaden the scope of the current federal interagency Oil and Gas Air Quality MOU, which establishes a processes can cause delays due to overlapping roles and responsibilities at federal, state, local, and tribal levels. consistent, repeatable and mutually agreed upon process to analyze impacts to air quality, to additional BL M land management activities. Ensure the MOU clarifies the roles and responsibilities of the various federal and states agencies in administering the Clean Air Act. Regulation Regulation Legislation or Regulation Regulation Policy DOI, BLM 1-2 Years DOI, BLM 1-2 Years DOI,BLM 1-2 Years BLM 1-2 Years BLM , USFS, NPS, FWS, EPA, 6-12 Months 18 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC Expand the stakeholders formally involved in the current federal interagency Oil and Gas Air Quality MOU to include states. Policy The application of inconsistent and overly restrictive mitigation measures, such as seasonal restrictions, for restoration, fire resiliency treatments and timber sales required to comply with the Migratory Birds Treaty Act (MBTA) is increasing project costs Coordinate with USFWS to develop consistent National MBTA policy to establish a consistent definition of take for restoration, fire resiliency and timber sale activities and application of mitigation measures. Policy and delaying implementation. The existing Programmatic Agreement to streamline compliance with Section 106 of the National Historic Preservation Act (NHPA) does not cover many smaller projects which can slow down the NEP A Identify opportunities to modify the existing nationwide NHP A Section 106 programmatic agreement and State-level protocols to identify Policy additional smaller actions that warrant an expedited Section 106 process, especially for those actions that are categorically excluded from more detailed NEPA process. Conducting reviews pursuant to Section 106 of the National Historic P reservation Act for actions that are categorically excluded under NEPA can slow down the process. anal ysis. Establish that activities categorically excluded from more detailed NEP A analysis are not considered F ederal undertakings pursuant to the NHPA. Legislation BLM, USFS, NPS, FWS, EPA, States, WGA's Western States Air Resource Council DOI, BLM, FWS 6-12 Months 6-12 Months BLM, ACHP, SHPOs/ THPOs 6-12 Months BLM, ACHP, SHPOs/TH POs 1-2 Years 19 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC S 5 - Ai igning Internal Business P rocesses Issues Actions/O ptions Re quired Re medy Reliance on permanent staff for both large projects (e.g., RMPs) and base workloads contributes to high staff turnover ultimately resulting in diminished work capacity, lost knowledge, and disruptions to partner relationships. RMP revisions and complex RMP amendments can take ten years or longer years to complete and are extremely costly. Staffing challenges associated with processing fluid mineral leasing and application for permit to drill (APD) and associated NEPA reviews can lead to delays in issuance of APDs or leases Data and GIS personnel possess scarce skills and are brought in late in the planning process which causes delays in data driven projects. Lack of a coordinated NEPA review causes delays to Applications for Use an alternate staffing model to complete major proje cts, including NEP A and RMPs, rather than relying solely on existing F ield/District Office staff to balance base workloads and special projects. Reduce time and costs by using experienced interdisciplinary strike teams to develop and/or review RMPs. Reduce time and costs associated with land use plan development by establishing a readily available contract mechanism using an experienced cadre of contractors for all/most R MP projects. Develop an alternate staffing model to regionalize or nationalize certain work processes, such as fluid mineral leasing and permitting. Evaluate reporting relationships, work location, virtual work assignment, and employee appraisal processes. Establish alternate staffing models for GIS, planning, and project strike teams. Develop guidelines for the upfront identification of data needs for certain types of projects/work processes. Develop guidance on better integration of BLM and B IA work processes to support Indian mineral Policy Policy Policy Policy Policy Policy Who Would Im plement BLM Timeline 6-12 Months BLM BLM BLM 6-12 Months 6-12 Months 6-12 Months BLM 6-12 Months BLM, BIA 1-2 Years 20 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC P ermits to Drill (APDs) on activities jointly managed by Bureau of Land M anagement and Bureau of Indian Affa irs. Having the National M arine Fisheries Service under a separate Department than Fish and Wildlife Service can cause delays due to lack of coordination between the two agencies on consultations under the Endangered Species Act. development. Emphasize parallel, not sequential processing of leases, permits, agreements, transfers, reassignments, and inspections. Combine the responsibilities for implementing Section 7 of the Endangered Species Act (ESA) b y the National M arine F isheries Services and the F ish and W ildlife Service into a single regulatory agency in order to avoid reaching inconsistent conclusions regarding habitat impacts during consultation. In lieu of a merger of the organizations, require participation by these regulatory agencies at all significant milestones of plan development, especially development of alternatives. Assign just one of the agencies to be the regulator of record. Legislate Utilize the F^VS/NMFS precautionary principle and where species overlap assign the species with the most sensitive habitat requirements as the lead agency. Inefficient, inconsistent, or untimely State and/or W ashington Offi ce reviews and procedures result in project delays. W here a plan or project has multiple species in multiple areas utilize one Biological Assessment or Biological Opinion for consultation with one assigned lead agency. Streamline review processes to eliminate, reduce, or focus WO reviews. 21 olicy C ong ress, DOI, DOC than 2 Years BLM 6-12 Mont APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC Excessive internal routing and review of F ederal Register Notices (FRN) lead to considerable project delays. Internal Federal Register Notice procedures add considerable time to RMP and amendment preparation ti melines. Field leadership learns of new issues late in an RMP/NEPA documents development; this impacts timelines, budgets, workloads, and morale. Current procedures require 3-4 ^WO briefings at each milestone in the development of an RMP. Briefing preparation, scheduling lead times, and follow-up consume valuable time, delaying the overall project ti meline. Frequent changes in FRN preparation and review requirements have resulted in procedural inconsistencies. Lack of a bureau-wide contracting vehicle for NEP A/planning requirements discourages use of Eliminate multiple content reviews by WO Program Leads and the Solicitor's Office. Reduce number of FRNs routed for full WO review by identifying types of notices that should be exempt. These notices would be sent to the Federal Register by a State Director and not by the Office of the Secretary. Establish a WO notification-only process for NOIs/NOAs in lieu of full FRN routing and review. Streamline internal review process for Federal Register Notices for RM Ps and amendments. Policy Policy Policy Policy Establish clear communication from WO to SO and further to the District/Field Office on current litigation and policy issues to consider in documents. Policy Conduct issue-based briefings on an as needed basis (e.g., alternatives development, grazing) versus briefings at set milestones during the planning process (Draft RMP, Proposed RMP). Policy Develop and maintain an easily understandable flowchart for the field for preparing, reviewing, and routing NEPA-related Federal Register Notices accurately and efficiently. Develop a national contracting vehicle, such as a Blanket P urchase Agreement (BPA) or Indefinite Policy Policy 22 BLM, SOL BLM BLM BLM BLM BLM BLM BLM 6-12 Months 6-12 Months 6-12 Months 6-12 Months 1-2 Years 6-12 Months 6-12 Months 6-12 Months APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC contractors on projects or tasks and/or often means that contracts Delivery-Indefinite Quantity (IDIQ), for use on future planning/NEPA requirements. cannot be executed in a manner timely for the requirements. Lack of authority to use other agencies' existing contracting vehicles results in costly interagency agreements with overhead rates ranging from 23 to 40%. Lack of understanding of NEPA contracting best practices leads to inadequate scopes of work and ineffective evaluation of contractor pe rformance. Establish mechanisms to utilize other agencies' existing contracting vehicles. Bolster BL M contracting mechanisms to ensure that 1) NEP A/ planning scopes of work accurately reflect the work that is needed to inform related decisions and 2) ensure that contractor performance throughout and after the contract is executed are properly evaluated by the BLM contracting officer representative and, 3) and these evaluations are used Lack of competency within the BLM in NEP A and related skills (e.g., determination of appropriate level of NEPA needed) result in procedural inefficiencies and/or technical and content deficiencies. Protest/appeals are not required to be filed in a helpful and consistent when securing subsequent projects. Institute an annual or periodic training requirement and employee accountability mechanism for developing associated NEPA competencies such as maximizing use of CX and DNA's to reduce duplicative and unnecessary analysis, development of focused issue-based EA and EISs, etc. Institute a NEPA training curriculum based on role in the NEPA process, with consideration of specialized legislation that impacts NEPA reviews (e.g., line officer, NEPA practitioner, ID Team member, project manager, Alaska National Interest Lands Conservation Act (ANILCA)). Amend 43 CFR 5003.3 to require a standardized template for submission of protest/appeal that Policy Policy Policy Policy Regulation 23 DOI, BLM 3-6 Months BLM 1-2 Years BLM 6-12 Months BLM 6-12 Months DOI, BLM 1-2 Years APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC format which leads to unfocused and lengthy points resulting in prolonged internal review and resolution. I BLA s hard-copy requirement for delivery of case files and administrative records increases the workloads and can create more opportunities for erroneous omissions. Recordkeeping procedures used in the administrative remedy processes are antiquated and inconsistent across program areas which slow down administrative record development. emphasizes summarization of each protest point followed by supporting rationale. Eliminate IBLA s hard-copy requirement for delivery of case files and administrative records and require electronic recordkeeping processes. Develop consistent procedures and leverage the use of modern technologies and capabilities for electronic recordkeeping and record delivery to readily store, sort and track documents to facilitate records management. Regulation Policy DOI, BLM 1-2 Years DOI, BLM, SOL 6-12 Months 24 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC S 6 m proving I__and Use Planni ng Issues Actions/O ptions Re quired Re medy Lack of consistent planning area designations and allocations leads to confusion. Using standardized datasets, provide comprehensive geospatially-enabled inventory of all planning designations (e.g. Area s of Critical Environmental Concern, Lands with Wilderness Characteristics, Special Recreation Management Areas) and resource allocations / allowable uses (e.g. leasing stipulations, Policy right-of-way restrictions, and lands potentially suitable for disposal) Implementation of FLPMA's direction to give priority to the designation and protection of areas of critical environmental concern in the development and revision of land use plans is inconsistent across the BLM which creates confusion during the planning processes. In addition, the BLM heard during public comment that certain existing statutes, such as the Alaska National Interest Lands Conservation Act (ANILCA), may establish conflicting policy regarding Amend Section 202 of FLPMA, 43 U.S.C. 1712(c)(3), and BLM's planning regulations to make ACEC designation separate from the RMP process. Update the ACEC Manual (1988) to clarify a consistent process for nomination, application, implementation and reevaluation of ACEC's on B L M managed land. This includes eliminating the requirement to initiate a plan amendment or provide temporary management until an evaluation is completed, clarifying the timing and requirements for nominations and clarify the relationship to overlapping designations covering the same area (i.e. Research Natural Areas). designation and protection of areas of critical environmental concern. Most RMPs lack measurable Update the Planning handbook to clarify goals and Legislation, Re gulation Policy Policy objectives making it difficult to implement the planning cycle since objectives should be outcome-based; i.e., measurable objectives where applicable. Who Would Im plement BLM Congress, DOI, BLM BLM BLM Timeline 1-2 Years 1-2 Years 1-2 Years 6-12 Months 25 APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC there is no basis for evaluating if we are achieving our objectives. Resource Management Plan revisions and amendments are unfocused and use a "kitchen sink" approach. Resource Management Plans do not always readily reflect input from the Resource Advisory Councils/Committees Complex R MP revisions and largescale plan amendment efforts can take nearly a decade to complete and end up costing millions of dollars. EAlevel plan amendments, despite being relatively narrow in scope and scale, are required to satisfy many of the same regulatory obligations as E IS level amendments and RMP revisions. Vast differences in the level of detail contained in planning decisions make it difficult for the public to understand both the decision and what is needed to implement the decision. Revise the planning handbook to exclude or restrict implementation-level decisions in RMPs Revise the planning handbook to institutionalize the concept of issue-based planning and the importance of making negative declarations. Revise the planning handbook to provide guidance to develop more focused purpose and need statements and a standardized plan evaluation template in order to help BL M prepare targeted plan amendments or revisions. For RMPs, include an alternative developed and/or preferred by the local Resource Advisory Committee/Council (RAC) Define and clarify plan maintenance opportunities to accommodate small shifts in resource conditions and allocations through plan maintenance. Expedite and streamline the land use plan amendment process, especially for EA-level plan amendments. Streamlining would include consideration of reducing Federal Register notice requirements and the ability to utilize a CX, as appropriate. Develop and deliver a core curriculum of RMP training which is focused on establishing skills for the development of appropriate planning products (e.g., purpose and need statement, measurable objectives) at key stages in the RMP process Policy Policy Policy Policy Policy Regulation Policy BLM BLM BLM BLM BLM BLM BLM 26 6-12 Months 6-12 Months 6-12 Months 6-12 Months 6-12 Months 6-12 Months 6-12 Months APPENDIX A: SUMMARY RECOMMENDATION TABLES BY TOPIC Access to clear information about planning and NEPA documents status is not consistently available. Establish a publicly available database or dashboard to track important milestones associated with planning and NEPA documents Policy BLM 1-2 Years 27