Submission of Electronic Protests on Land Use Plans, Revisions, and Amendments

UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240
https://www.blm.gov

November 21, 2018

In Reply Refer To:
1610 (210) P  

EMS TRANSMISSION 11/27/2018
Instruction Memorandum No. 2019-016
Expires:  09/30/2021

To:                   All Assistant Directors, State Directors, and Center Directors

From:               Assistant Director, Resources and Planning

Subject:           Submission of Electronic Protests on Land Use Plans, Revisions, and Amendments

Program Area: Land Use Planning.

Purpose: This instruction memorandum (IM) transmits guidance on allowing the Bureau of Land Management (BLM) to accept protests on land use plans that are filed electronically.

Administrative or Mission Related:  This IM is mission-related. 

Policy/Action: The BLM Land Use Planning Handbook (H-1610-1) is under revision.  Until the revised handbook is published, the following text amends the existing handbook to clarify that the BLM may accept protests that are submitted electronically via BLM’s ePlanning website or by mail.

The BLM revises the Land Use Planning Handbook (H-1610-1) Appendix E, by adding the following sentence to Section D (page numbers 12-13):

All protests must be in writing (43 CFR 1610.5-2(a)(1)) and filed with the BLM Director, either as a hard copy or electronically via BLM’s ePlanning website.

The BLM revises its handbook by deleting paragraphs 2, 3, and 4 in Appendix E, Section D (page 13).

Prior to the publication of the proposed resource management plan and final environmental impact statement, Washington Office Planning and NEPA staff will coordinate with the state and/or field office project lead to create a comment initiative and establish necessary team permissions in the ePlanning system.

Timeframe: This policy is effective immediately.

Budget Impact: None.

Background: The BLM Land Use Planning Handbook (H-1610-1) guides compliance with the BLM’s land use planning regulations (43 CFR Subparts 1601 and 1610). The handbook is being revised to provide direction to help BLM staff streamline the land use planning process, to clarify the BLM’s policies and procedures relating to its compliance with these regulations, and to make protest submission easier for the public. The handbook currently precludes electronic protest submission, which does not account for the increase in electronic communication since the handbook was last revised in 2005. The BLM assesses timeliness of protest letters by their postmark date, and thus does not receive most protest letters until several days (up to 10 in many cases) after the protest period has ended. This IM is intended to clarify the BLM’s compliance with its regulations related to protest resolution (43 CFR 1610.5-2) and to modernize the protest submission process, pending publication of the revised handbook.

Pages of Manual/ Handbook Sections Affected: The BLM Handbook H-1610-1 (Rel. 1-1693) of 2005 is under revision.  This IM amends Appendix E, Section D, pending publication of the full revision.

Instruction Memorandums Affected: None.

Coordination: This IM was coordinated with all Washington Office Directorates and with the Office of the Solicitor.

Contact: For further information, please contact Robin Hawks, Acting Chief, Division of Decision Support, Planning and NEPA, (202) 912-7282.

Signed by:                                                                   Authenticated by:
Kristin Bail                                                                  Robert M. Williams
Assistant Director                                                       Division of Business Resources,WO-850
Resources and Planning