BLM-California Implementation of Government-to-Government Consultation with Indian Tribes Regarding Proposed Planning Rule (IM 2016-056)

April 18, 2016

In Reply Refer to:
1610 (CA930) P

EMS TRANSMISSION: 04/20/2016
Instruction Memorandum No. CA-2016-013
Expires:  9/30/2019

To:                   District and Field Managers

From:               State Director

Subject:           BLM-California Implementation of Government-to-Government Consultation
                        with Indian Tribes Regarding Proposed Planning Rule (IM 2016-056)

Purpose:  The purpose of this Instruction Memorandum (IM) is to provide guidance to Field and District Managers on implementation of BLM IM 2016-056, Government-to-Government Consultation with Indian Tribes Regarding Proposed Planning Rule.

Policy/Action:  IM 2016-056 directs that government-to-government consultation for the BLM’s proposed planning rule will be conducted at state and local levels.  On March 16, 2016, the State Director mailed letters to the 109 Federally recognized Tribes in California, informing them of the proposed changes to the BLM’s planning rule and inviting them to engage in government-to-government consultation (Attachment 3).  The letter directs Tribes to contact local Field Managers if they wish to consult on the changes.

Field Managers are responsible for providing follow-up communications with Tribes to confirm they have received the information and inquire if they are interested in government-to-government consultation.  Field Managers should provide this follow up as a phone call, unless a Tribe has expressed a preference for other methods of communication.  As part of the follow-up communication, the Tribes should be informed of an informational webinar on May 4, 2016.  The BLM-Washington Office will host this webinar for the Tribes at 12:00-2:00 pm, PDT.  Tribes may register for the webinar at [link no longer active 9/30/19].  This webinar is informational and is not a replacement for government-to-government consultation.

If a Tribe accepts the BLM’s invitation to consult, the local Field Manager will initiate consultation and information sharing in a timely manner.  The Associate State Archaeologist and State Planning and Environmental Coordinator are available as technical advisors upon request. 

The Field Manager is responsible for ensuring that all relevant and substantive comments from meetings and calls are documented using the attached meeting/call record template.  All records showing consultation, including follow up communication and substantive comments, should be sent to James Barnes, Associate State Archaeologist, jjbarnes@blm.gov.

Timeframe: Effective immediately.  Tribes should be contacted with enough notice to attend the May 4, 2016 webinar.

Budget Impact:  None. Field Offices are provided base funding to conduct government-to-government consultation.

Background:  The proposed planning rule is part of the BLM’s Planning 2.0 initiative. Through this initiative, we hope to improve our land use planning process so that we can more effectively apply landscape approaches to public lands management and be more responsive to environmental and social change.  The proposed rule would revise the BLM’s land use planning regulations at 43 CFR 1601 and 1610.  The proposed rule is available at www.blm.gov/plan2.  Internal briefing materials are available at the Planning 2.0 sharepoint.

Coordination:  This policy has been coordinated with the BLM-California State Archeologist and the Planning and Environmental Coordinator, and the WO-210.

Contact: Records of consultation and substantive comments should be sent to James Barnes, Associate State Archeologist, jjbarnes@blm.gov, 916-978-4676.  For questions about Planning 2.0 generally, contact Elizabeth Meyer-Shields, Planning and Environmental Coordinator, eameyer@blm.gov, 916-978-4672.

Districts with Unions are reminded to notify their unions of this IM and satisfy any bargaining obligations before implementation.  Your servicing Human Resources Office or Labor Relations Specialist can provide assistance in this matter.

Signed by:                                                                                          
Joe Stout                                                                                            
Acting State Director                                                                         

Authenticated by:
Richard A. Erickson
Records Management                                             

Attachments – 3
1. Meeting and Call Template (2 pp)
2. Tracking Sheet (2 pp)
3. Copy of the Letter sent to Tribes (2 pp)