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Staff Report Matters from Staff Agenda Item #16 Board of County Commissioners - Staff Report Meeting Date: 9/4/2018 Presenter: Alyssa Watkins Submitting Dept: Administration Subject: Consideration of action pertaining to the Wyoming Public Lands Initiative advisory committee recommendations Statement / Purpose: The purpose of this item is for the Board of County Commissioners to consider how they will handle the recommendations received from the Wyoming Public Lands Initiative (WPLI) Advisory Committee. Background / Description (Pros & Cons): The Wyoming Public Lands Initiative began in 2015 under the guidance of the Wyoming County Commissioners Association as a collaborative, county-led process intended to help drive final designation or release of 42 Bureau of Land Management and 2 U.S. Forest Service Wilderness Study Areas (WSAs) in Wyoming. Specifically, the WPLI initiative was intended to result in a state-wide legislative lands package, broadly supported by public lands stakeholders in Wyoming. Counties who opted to participate in the WPLI were encouraged to appoint a WPLI Advisory Committee. The role of the Advisory Committee was to conduct a collaborative review process of the WSAs and other potential land use interests in their county and to develop and submit a WSA management recommendation to the Board of County Commissioners for approval. While WSA designations served as the launching pad and anchor for the WPLI, county advisory teams were also encouraged to look more broadly at long-standing land use challenges and build consensus-based agreements using whatever tools at their disposal to reach agreement. In the process as originally envisioned, once a recommendation was approved by the Board of County Commissioners, the Wyoming County Commissioners Association, in cooperation with the office of the Governor and the offices of the federal delegation, would review the county or regional Advisory Committee recommendations and, to the maximum extent practicable, include them in a legislative draft to be introduced in Congress. In 2016, Teton County elected to participate in the WPLI process and appointed a 21-person Advisory Committee to consider the Shoal Creek and Palisades WSAs. Committee meetings were facilitated by the Ruckelshaus Institute (a division of the University of Wyoming’s Haub School of Environment and Natural Resources). A Committee charter was developed which directs, in part, that the committee operate by consensus. As stated in the charter, “consensus prevents domination by the majority, allows building of trust and the sharing of information, especially under conditions of conflict. Consensus does not mean that everyone will be equally happy with the decision, but all do accept that the decision is the best that can be made at the time with the people involved.” Advisory committee members worked under these parameters toward the drafting of a consensus recommendation for presentation to the County Commissioners. In considering their response to the proposal generated, the Teton County WPLI charter allowed for a member to vote to “block” a proposal, indicating that he or she would not support it; this vote was indicated by rating the proposal a “5”. Any proposal receiving a “5” vote then received a “no consensus” designation. Any Advisory Committee member that rated a proposal as a 5 was required to specify their dissention in a written statement for inclusion in the final report to the Board of County Commissioners. Organizational Excellence * Environmental Stewardship * Vibrant Community * Economic Sustainability Matters from Staff Agenda Item #16 Board of County Commissioners - Staff Report In the end, the Advisory Committee was unable to agree on a single proposal and chose instead to advance three proposal to the Board. Each proposal was blocked by one or more members of the group, thus no single proposal receive a consensus designation. The proposals and corresponding dissent statements are included as attachments to this staff report. The charter directs that the Board of County Commissioners shall review the WPLI Advisory Committee’s recommendations and take official action to establish a final WPLI recommendation for the county at a regularly scheduled commissioner meeting. It states further that, “should the BCC not approve the recommendation or have further instructions for the Advisory Committee, the BCC shall remand the recommendation back to the Advisory Committee for further work to reach consensus approval.” The BCC heard a presentation of all three proposals at a workshop on August 20th. Public comment was also taken at that time. Stakeholder Analysis & Involvement: The WPLI Advisory Committee is comprised of persons with diverse interests in the designation and management of WSAs in Teton County. Participant interest categories include, but are not limited to; local, state, and national conservation; summer motorized, winter motorized, and mountain biking recreation; commercial interests; industry (oil/gas) interests; agriculture/ranching; and the general public. Fiscal Impact: In FY18, the County expended approximately $23,500 in facilitation fees for the WPLI initiative. There is an additional $5,000 allocated for FY19, some portion of which is encumbered at this time to cover costs incurred but not yet invoiced for the July 2018 and August 2018 WPLI Advisory Committee meetings. Staff Impact: Minimal. Legal Review: This staff report has not been provided to the County Attorney’s Office for legal review. Staff Input / Recommendation: The charter clearly contemplates a single recommendation to the BCC. The reality of having three recommendations presented instead does complicate the Board’s response. The Board could choose from a number of paths forward – advance no recommendation, choose one of the three proposals to advance, choose some combination of proposals to advance, advance a proposal of the Board’s design, or remand the recommendations back to the committee for further work towards consensus. Given the advisory committee’s candor regarding their inability to reach consensus, staff does not believe that the final option (i.e., remanding the recommendations back to the Advisory Committee) is likely to result in a more viable outcome. Staff also cautions against combining proposals or creating a new proposal outside of the committee structure, both options may create a perception that the process was less collaborative, open, or transparent than required by the WPLI Principles and Guidelines (attached). Similarly, advancing a single proposal that does not reflect common ground is problematic. The inability of the group to reach consensus on a single proposal is not entirely surprising, the potential incompatibility of Organizational Excellence * Environmental Stewardship * Vibrant Community * Economic Sustainability Matters from Staff Agenda Item #16 Board of County Commissioners - Staff Report stakeholder interests and substantive issues was flagged as possible barrier to consensus in the 2016 Situation Assessment (attached). For these reasons, staff recommends that the Board consider the first option – advance no recommendation. This recommendation should not in any way be construed to minimize the value of the work done by the Advisory Committee, it instead recognizes that the robust and collaborative process pursued by Teton County and supported by community interest and both County and State resources was able to openly and transparently vet a very complex issue that in the end does not have a single, simple answer that works in the best interests for each and every stakeholder. Attachments: Wyoming Public Lands Initiative – Principles and Guidelines (2015) Teton County & Wyoming Public Lands Initiative – Situation Assessment and Process Recommendations (2016) Wyoming Public Lands Initiative – Teton Advisory Committee Charter (2017) Proposal – A Teton Wildlands Conservation Plan Proposal – Palisades and Shoal Creek Special Management Areas Proposal – Mountain Athlete Working Group (MAWG) Middle Ground Dissent Statements Suggested Motion: I move to direct staff to work with the Ruckelshaus Institute to provide the following documents and information to the Wyoming County Commissioners Association, and to advise the Association that Teton County will advance no recommendation on the Wyoming Public Lands Initiative: a. A copy of the minutes from all of the WPLI Advisory Committee meetings; b. All relevant background information gathered by the committee; c. Any information pertaining to the public field trip and impressions noted regarding the wilderness characteristics of the individual WSAs; d. A copy of the draft committee WPLI recommendations; and e. A copy of public comments received on the draft recommendations, and the WPLI committee recommendations as they were initially presented to the commissioners. Organizational Excellence * Environmental Stewardship * Vibrant Community * Economic Sustainability Principles and Guidelines The Wyoming Public Lands Initiative (WPLI) is a collaborative, county-led process intended to result in one, state-wide legislative lands package that is broadly supported by public lands stakeholders in Wyoming. The ultimate goal is final designation or release of Wyoming’s 42 Bureau of Land Management (BLM) and 2 U.S. Forest Service (USFS) Wilderness Study Areas (WSAs) in Wyoming. While WSA designations will serve as the launching pad and anchor for the WPLI, county advisory teams are encouraged to look more broadly at long-standing land use
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