such as a right-of-way corridor crossing several resource areas.

(b) Guidance which has been developed at the State Director level, with necessary and appropriate governmental coordination as prescribed by § 1601.4 of this title, to indicate specific goals, objectives, priorities, alternatives, values, constraints or other items which are to be considered in the resource management process in the State. As relevant, this guidance shall be reflected or incorporated in the planning process actions required by §§ 1601.5-1 through 1601.5-9 of this title and shall be subject, through those processes, to the public review and discussion prescribed by § 1601.3 of this title and the environmental analysis prescribed by § 1601.5-6 of this title. Such guidance shall be reconsidered by the State Director at any time during the planning process if it is found, through public involvement or other means, to be inappropriate when applied to the resource values and conditions found in a specific area being planned. Such change shall not violate national policy.

(c) Procedures which shall be used to implement these regulations.

(d) Schedules, budgets and organizational coordination requirements.

§ 1601.1-2 Planning area.

Resource management plans shall be prepared and maintained for resource areas. If an individual resource area is not an appropriate area for a resource management plan, the Director may authorize a more appropriate planning

area.

§ 1601.1-3 Interdisciplinary approach.

An interdisciplinary approach, including the use of an interdisciplinary team at each step of the planning process as prescribed under §§ 1601.5-1 through 1601.5-9 of this title, shall be used in the preparation, amendment and revision of resource management plans to ensure the integrated use of the natural and social sciences and the environmental design arts. The disciplines of the preparers shall be appropriate to the values involved and the issues identified during the issue identification and environmental impact statement scoping stage of the plan

ning process. The District Manager shall use whatever combination of BLM staff, consultants, contractors, other governmental personnel and advisors as necessary to achieve this objective.

§ 1601.3 Public participation.

(a) The Director shall, early in each fiscal year, publish a planning schedule which shall advise the public of the status of each plan in process or to be started during that fiscal year, the major action on each plan during that fiscal year and projected new planning starts for the 3 succeeding fiscal years. The notice shall call for comments on planning priorities for those 3 fiscal years so that such comments can be considered in refining priorities for those years.

(b) Public participation shall be sought and used throughout the preparation, amendment or revision of resource management plans. (See additional provisions for governmental coordination in § 1601.4 of this title.)

(c) A public participation plan shall be prepared to guide public involvement in the preparation, amendment or revision of each resource management plan. The public participation plan shall be initiated prior to the issue identification stage of the planning process and shall be updated thereafter as necessary.

(d) The purpose of public participation is to

(1) Inform the public of Bureau of Land Management resource management planning activities;

(2) Provide the public with an understanding of Bureau of Land Management programs and proposed actions;

(3) Ensure the public needs and concerns are understood by the Bureau of Land Management; and

(4) Broaden the information base upon which resource management planning decisions are made.

(e) Public notice and opportunity for participation in specific resource management plan preparation is mandated at 5 specific points in the planning process:

(1) General notice at the outset of the process which invites participation

in the identification of issues (see §§ 1601.3(g) and 1601.5-1);

(2) A notice inviting comment on the planning criteria (see § 1601.5-2);

(3) Publication of the draft plan and draft environmental impact statement;

(4) Publication of the final plan and final environmental impact statement which triggers the opportunity for protest (see §§ 1601.5-8 and 1601.61(c)); and

(5) Public notice and comment on any significant change made to the plan as a result of action on a protest. Additional public involvement shall be provided as appropriate and as guided by the public participation plan.

(f) Public participation activities and means of notification shall be appropriate to the areas and people involved, and the stage of planning (preparation, amendment or revision). Public participation activities may include requests for written comments, surveys, meetings, hearings, conferences, seminars, workshops, tours, and similar events scheduled and held to foster public reactions and suggestions.

(g) Upon starting the preparation amendment or revision of resource management plans, public participation shall be initiated by a notice published in the FEDERAL REGISTER and appropriate media, including newspapers of general circulation in the State, adjoining States where it is deemed appropriate, and the District. The notice shall include the following information:

(1) Description of the proposed planning action;

(2) Identification of the geographic area to be planned;

(3) The general types of issues anticipated;

(4) The disciplines to be represented on the interdisciplinary team;

(5) The kind and extent of public participation activities to be provided;

(6) The times, dates, and locations scheduled or anticipated for any needed public meetings, hearings, conferences or other gatherings, as known at that time;

(7) The name, title, address, and telephone number of the Bureau of Land Management offical who may be contacted for further information; and

(8) The location and availability of documents relevant to the planning process.

(h) Public participation in the preparation of a draft environmental impact statement shall begin with the publication of a notice of intent in the FEDERAL REGISTER which is the notice described in paragraph (g) of this section. After this publication, public participation opportunities for planning and those required by the National Environmental Policy Act, shall be provided simultaneously.

(i) At least 15 days' public notice shall be given for public participation activities where the public is invited to attend a meeting of some sort. Any notice requesting written comments shall provide for at least 30 calendar days for response. Ninety days shall be provided for review of the draft plan and draft environmental impact statement.

(j) A list of individuals and groups known to be interested in or affected by a resource management plan shall be maintained by the District Manager. Individuals or groups may ask to be placed on this list. All individuals and groups on this list shall be notified of public participation activities.

(k) The responsible Bureau of Land Management official or his or her representative shall attend all Bureau of Land Management scheduled and conducted public participation activities.

(1) All Bureau of Land Management scheduled public participation activities shall be documented by a summary of the principal issues discussed, comments made, and a register of those in attendance. The summary shall be available for public review and open for addition of comment by any participant who wishes to clarify or add to views he or she expressed.

(m) Copies of an approved resource management plan and amendments shall be reasonably available for public review. This includes copies at the State Office for that district, that District Manager's Office, and district offices contiguous to that district, detached area offices in that district, and those detached area offices in other districts that are contiguous to that district, and at least one additional location determined by the District

Manager which offers convenient access to the public. Plans, amendments and revisions shall be published and single copies shall be available to the public on request.

(n) Supporting documents to plans shall be available for public review at the office where the plan was developed.

(0) Fees for reproducing requested documents beyond those used as part of public participation activities and other than the single copies of the printed plan, amendment or revision, may be charged according to the Bureau of Land Management schedule for Freedom of Information Act requests in 43 CFR Part 2.

(p) When resource management plans involve areas of potential mining for coal, by means other than underground mining, and the surface is private, the Bureau of Land Management shall consult with all surface owners who (1) hold legal or equitable title to the land surface, and (2) have their principal place of residence on the land or personally conduct farming or ranching operations upon a farm or ranch unit to be affected by surface mining operations; or receive directly a significant portion of their income, if any, from such farming or ranching operations. This contact shall be made after the review in the planning process which assesses whether there are areas unsuitable for coal leasing to avoid contacting owners where the land would not be considered for coal leasing based on unsuitablility criteria specified in § 3461.2 of this title. Contact shall be made in time to fully conIsider the owner's views. This contact may be made by mail or in person by the District Manager or his or her representative. A period of at least 30 days from the time of contact shall be provided for the surface owners to provide their preference to the District Manager. Such surface owners preferences shall be considered specified in § 3420.2-3 of this title.

as

(q) If the plan involves potential for coal leasing, a public hearing shall be provided prior to the approval of the plan if requested by any person having an interest which is, or may be, adversely affected by implementation of such plan. The hearing shall be con

ducted as prescribed in § 3420.2-4 of this title and may be combined with a regularly scheduled public meeting.

§ 1601.4 Coordination with other Federal agencies, State and local governments, and Indian tribes.

In addition to the public involvement prescribed by § 1601.3 of this title 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 State Directors and District Managers to keep apprised of non-Bureau of Land Management plans; assure that consideration is given to those plans that are germane in the development of resource management plans for public lands; assist in resolving, to the extent practicable, inconsistencies between Federal and non-Federal government plans; and 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 which may have a significant impact on non-Federal lands.

§ 1601.4-1 Coordination by the State Director.

State Directors' coordination shall include the following:

(a) State Directors shall coordinate with and seek advice from Federal agencies, State governments, and Indian tribes, to understand and consider their needs and concerns.

(b) To facilitate coordination with State government, State Directors shall seek written agreements with Governors or their designated representatives on procedural topics such as exchanging information, providing advice and participation, and time frames for receiving State government participation and review in a timely fashion. If an agreement is not reached the State Director shall provide opportunity for Governor and State agency review, advice, and suggestions on issues and topics that the State Director has reason to believe

could affect or influence State government programs.

(c) Before issuing guidance to District Managers, in compliance with § 1601.1-1 of this title, the State Director shall:

(1) Ensure that it is as consistent as possible with existing officially adopted and approved resource related policies, plans or programs of other Federal agencies, State agencies and Indian tribes, and any local governments that may be affected, as prescribed by § 1601.4-3 of this title; and

(2) Identify areas where the proposed guidance is inconsistent with such policies, plans or programs and provide reasons why the inconsistency exists and cannot be remedied; and

(3) Notify the other Federal agencies, State agencies or Indian tribes with whom consistency is not achieved and indicate any appropriate methods, procedures, actions and/or programs which may lead to resolution of such inconsistencies.

§ 1601.4-2 Coordination by the District Manager.

District Manager's coordination shall include the following:

(a) The District Manager shall submit a notice of intent to prepare, amend or revise a resource management plan along with a general schedule of anticipated planning steps to the State Clearinghouse (OMB Circular A-95) for circulation among State agencies. This notice shall also be mailed to (1) concerned Federal agencies that have requested such notices, or that the District Manager has reason to believe would be concerned with the plan, (2) all Tribal Chairmen or Alaska Native Leaders to the extent Indian Reservations, Alaska Native Regional Corporations or Village Corporations are impacted, (3) the heads of county boards for the counties that are involved as well as the heads of any other local government units having zoning or other land use regulatory jurisdiction in the geographical area within which the public lands are located, (4) designated areawide clearinghouses, and (5) any other State or local government agencies which ask to be placed on such a mailing list. These notices shall be issued

simultaneously with the public notices required under § 1601.3(g) of this title.

(b) Early data exchange, consultation, and coordination are encouraged to avoid duplication of data collected and to improve the information base for planning.

(c)

Resource

management plans shall be coordinated with other Federal agencies, State and local governments and Indian tribes. The plans shall be made as consistent as practicable with officially approved and adopted resource related policies, plans and programs of other Federal agencies, State and local governments and Indian tribes as prescribed in § 1601.4-3 of this title.

(d) Federal agencies, State and local governments, and Indian tribes shall have the time periods prescribed under § 1601.3(i) of this title for review and comment on resource management plan proposals. Should they notify the District Manager, in writing, of what they believe to be specific inconsistencies between the Bureau of Land Management resource management plan, and their plans, the resource management plan documentation shall show how those inconsistencies were addressed and if possible resolved.

(e) When an Advisory Council has been formed under section 309 of the Federal Land Policy and Management Act for the district in which the resource area is located, that council shall be informed and their views sought and considered throughout the resource management planning proc

ess.

§ 1601.4-3 Consistency requirements.

(a) Guidance and resource management plans shall be consistent with officially approved or adopted resource related plans of other Federal agencies, State and local governments and Indian tribes, so long as the guidance and resource management plans are also consistent with the purposes, policies and programs of Federal law and regulations applicable to public lands, including Federal and State pollution control laws as implemented by applicable Federal and State air, water,

noise and other pollution standards or implementation plans.

(b) Guidance and resource management plans shall, to the extent practicable be consistent with officially approved and adopted resource related policies and programs of other Federal agencies, State and local governments and Indian tribes to the extent provided in paragraph (a) of this section so long as the guidance and resource management plans are consistent with Secretarial policies and programs. It is the Department's intent to be as consistent as practicable with State and local governmental and Indian tribal policies and programs.

(c) State Directors and District Managers shall, to the extent practicable, keep apprised of State and local governmental and Indian tribal policies, plans and programs, but they shall not be accountable for ensuring consistency if they have not been notified, in writing, by State and local governments or Indian tribes of an apparent inconsistency.

(d) Where State and local government policies, plans and programs differ, that of higher authority will normally be followed.

§ 1601.5 Resource management planning

conditions, trends, needs and problems, and select topics to be addressed as issues during the planning process. This action shall be repeated as necessary during the planning process to incorporate new information. This action, plus the development of planning criteria (§ 1601.5-2) shall also comply with the scoping process required by 40 CFR 1501.7.

§ 1601.5-2 Development of planning criteria.

(a) Purpose and use of criteria. The District Manager shall prepare criteria to guide development of the resource management plan, or revision, to insure that it is tailored to the issues previously identified and to insure that unnecessary data collection and analyses are avoided. Proposed planning criteria, including any significant changes, shall be published for public comment prior to being approved by the District Manager for use in the planning process. Planning criteria shall be written and included in the draft and final plan. Planning criteria shall guide the collection and use of inventory data and information, the analysis of the management situation, the design and formulation of alternatives, and the estimate of effects of alternatives. Planning criteria shall be used to evaluate alternatives and to select one alternative to serve as the proposed resource management plan. Planning criteria may need to be changed as planning proceeds, based on public suggestions and findings of the various studies and assessments. A written, publically available record shall be made of any significant change in the criteria.

(b) Basis for criteria. Generally, planning criteria shall be based on:

(1) Laws, executives orders, and regulations;

(2) The principles cited under § 1601.0-8 of these regulations;

(3) National and State Director guidance applicable to that resource area;

(4) The results of public participation and coordination with Federal agencies, State and local governments and Indian tribes;