BLM-California Policy on Congressional Relations
August 11, 2009
In Reply Refer To:
1781 (P)
(CA912)
EMS TRANSMISSION: 8/11/09
Instruction Memorandum No. CA-2009-027
Expires: 9/30/2010
To: California Deputy State Directors, District Managers and Field Managers
From: State Director
Subject: BLM-California Policy on Congressional Relations
Previous guidance regarding draft legislation, pre-introduction or post-introduction, has been issued by the State Office (CA-2006-032, Washington Office IM 2006-180, and the Department Secretarial Memorandum re Information Provided to Congress 9/2/2003).
With several major pieces of potential legislation being considered by members of the California delegation, this Instruction Memorandum is deemed necessary to clarify and reinforce BLM-California's role in these issues.
In general, BLM managers and staff in California use good judgment and adhere to these rules. Consequently, we have had very few problems. However, with the number of proposals being discussed it is important that managers review these long-established policies with staff people involved. Any legislative proposal, just like any significant Congressional contact, should always be coordinated with the State Office External Affairs staff, who work closely with the Washington Office, Division of Legislative Affairs (WO-620). The best course is always to check with External Affairs before commenting on pending proposals.
More specific guidance follows for your use:
1. Pre-Introduction –
Up until the time of introduction, all information provided to BLM by members is
confidential. BLM managers and staff are to defer all public questions regarding the content
or details of the potential legislation to the member involved. The member may share
information with public constituents, post a discussion draft or even share draft maps with
constituents, but until introduction, BLM does not comment or share that information on
behalf of the member. It is the member's proposal, not BLM's, and it is up to the member to
present or discuss it. The member can and should expect complete confidentiality from the
BLM managers and staff involved.
2. Legislative Drafting Confidentiality –
BLM is often asked officially to provide bill drafting or map drafting service. Such requests
go to or come from the Washington Office, but the work is normally done in the field.
Necessarily, involved BLM-California managers and staff are intimately aware of the details
of the member's developing proposal. Such information is confidential and is not to be
shared with anyone other the member involved. If the member wishes to release it to
someone, BLM complies. If anyone outside the BLM or the member's office asks about the
details, those questions are referred to the member.
3. BLM and the Member of Congress –
In all cases, pre or post introduction, BLM does not speak for the member or represent the
member's views or intentions.
4. Technical Information –
BLM-California managers and staff can provide technical information to members or their
staffs.
5. Commenting on Legislation –
Pre or post-introduction, BLM-California is not authorized to comment on the legislation
nor offer agency opinions on its merits. Once it is introduced, and if a hearing is held, the
committee of jurisdiction will ask the Administration for its official views. At that time, a
witness representing the Administration, as well as the Department and BLM, will provide
official testimony. That will represent the BLM's official position.
As always, BLM-California's goal is to be responsive to members of the California delegation and the public while clearly recognizing the different roles of the field and state offices, the Washington Office, and the Department in the legislative process.
Signed by:
James Wesley Abbott
Acting State Director
Authenticated by:
Richard A. Erickson
Records Management