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FYI. I Concur with This Approach. Caleb Hiner Worland

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FYI. I Concur with This Approach. Caleb Hiner Worland Caleb To Christopher Carlton/wySO/wy/BLM/DOI@BLM HinerIWFO/WY/BLM/DOI cc 12/08/2008 10:38 AM bcc Subject Fw: Closed to the public--RMP cooperators FYI. I concur with this approach. Caleb Hiner Worland Field Office Phone (307) 347-5171 Fax (307) 347-5228 ----- Forwarded by Caleb HinerIWFO/wy/BLM/DOI on 12/08/200810:37 AM ----- Linda Slone/CFO/wy/BLM/DOI To Bill Hill/WYSO/wy/BLM/DOI@BLM, Chris Hanson/BFO/wy/BLM/DOI@BLM, Eddie 12/08/2008 09:59 AM BatesonIWFO/wy/BLM/DOI@BLM cc Ken PeacockIWYSO/wy/BLM/DOI@BLM, Caleb HinerIWFO/wy/BLM/DOI@BLM Subject Fw: Closed to the public--RMP cooperators Please refer to the email string below. I recommend we formally respond to Liz's question. Since the question also applies to the Bighorn Basin (Caleb forwarded a similar email he received from Liz), I presume the response should come out of WY930. Do you guys concur with this approach? If so, 1'/1. draft a response for WY930, the Bighorn Basin, and Buffalo to review. Linda Slone, Planning & Environmental Coordinator Wyoming State Office Division of Resource Policy and Management Detached at BLM Casper Field Office 2987 Prospector Drive Casper, WY 82604 Phone: (307) 261-7520 Cell: (307) 630-6184 Fax: (307) 261-7587 "Those who were seen dancing were thought to be insane by those who could not hear the music." -- Nietzsche ----- Forwarded by Linda Slone/CFO/wy/BLM/DOI on 12/08/2008 09:51 AM ----­ Philip C Lowe/DNV/SOUDOI@SOL To Don Simpson/wySO/wy/BLM/DOI@BLM@DOI 12/05/2008 01:25 PM cc Ken PeacockIWYSO/WY/BLM/DOI@BLM, Linda Slone/CFO/wy/BLM/DOI@BLM Subject Re: Fw: Closed to the public-RMP cooperatorsC] Don; I believe you are correct that the MOUs have confidentiality provisions on pre-decisional cooperating agency meetings. Further, under NEPA and FL PMA once the cooperators reach final decisions, those are disclosed for public comment in the draft and final EIS's as well in in the proposed RMP. The Wyoming public meetings law does not apply to BLM, but only to state or local entities created under Wyoming state law. Without doing any research on this specific issue, it's not likely that the public meeting law would bar 3 or more official's from a specific agency from participating in a NEPA process as a cooperating agency pursuant to a cooperating agency agreement, because the "action" and "meeting" definitions from the statute would not seem to apply. Please let me know if we need to make a formal response with legal analysis. Thanks --Phil Philip C. Lowe, Esq. Office of the Regional Solicitor Rocky Mountain Region 755 Parfet Street, Suite 151 Lakewood, CO 80215 [email protected] PH: 303-231-5353 ext 274 FX: 303-231-5363 001 - Stewardship for America With Integrity and Excellence FOR OFFICIAL USE ONLY. This electronic transmission may contain work-product or information protected under the attorney-client privilege, both of which are protected from disclosure under the Freedom of Information Act, 5 USC 552. Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply email and delete all copies of this message. Don SimpsonIWYSOIWY/BLM/DOI@BLM Don Simpson/WYSO/wy/BLM/D To Philip C Lowe/DNV/SOUDOI@SOL OI@BLM cc Ken PeacockIWYSO/wy/BLM/DOI@BLM, Linda 12/05/2008 01:02 PM Slone/CFO/wy/BLM/DOI@BLM Subject Fw: Closed to the public--RMP cooperators I assume the MOUs allow us to keep the meetings closed as we are talking predecisional issues. ----- Forwarded by Don Simpson/wySO/wy/BLM/DOI on 12/05/2008 12:59 PM ----- •• • Cindy , WertzlWYSO/WY/BLM/DOI To Don Simpson/wySO/wy/BLM/DOI@BLM, Bill "'�IW,iiIL.• 12/0512008 11:02 AM Hill/wySO/wy/BLM/DOI@BLM cc Subject Fw: Closed to the public--RMP cooperators Hi I thought you'd be interested in this since the governor and Ryan Lance were cc'd on it. If you need me to do any followup on this, please let me know. Thanks Cindy ----- Forwarded by Cindy WertzlWYSOlWY/BLM/DOI on 12/0512008 11:01 AM ----- Linda Slone/CFOlWY/BLMIDOI To "Liz" <[email protected]> 12/05/2008 10:26 AM cc "Gov Dave" <[email protected]>, "Ryan Lance" <[email protected]> m C] Subject Re: Closed to the public--RMP cooperators Thanks, Liz, for providing us with the information on the state open meeting statute. It's greatly appreciated. As discussed last night, the BLM will consider the information you provided and get back with you. Should you have any additional questions, please feel free to let us know. Linda Slone, Planning & Environmental Coordinator Wyoming State Office Division of Resource Policy and Management Detached at BLM Casper Field Office 2987 Prospector Drive Casper, WY 82604 Phone: (307) 261-7520 Cell: (307) 630-6184 Fax: (307) 261-7587 "Those who were seen dancing were thought to be insane by those who could not hear the music." -- Nietzsche "Liz" <liz@wildwyo. org> "Liz" <[email protected]> 12/04/2008 06:17 PM To <[email protected]> cc "Ryan Lance" <[email protected]>, "Gov Dave" <[email protected]> Subject Closed to the public--RMP cooperators 12/4/08 Linda M. Slone Planning and Environmental Coordinator Casper Field Office, BLiVI Dear Linda; Thank you for addressing our concerns at the Sheridan open house tonight on the Powder River Basin's Buffalo BLM Office revision process. We are very concerned primarily about the Buffalo Office (Powder River Basin) and-the Worland office (Bighorn Basin) BLM agency opening the scoping of their respective Resource Management Plan revisions with the closure of their cooperators meetings who are made up of elected officials (county commissioners, conservation districts, state agency departments and the Governor's office and even some oil and gas people I think) to the public. The BLM's intention to close these cooperator's meetings to the public, and not disclose any minutes from these meetings appears to go against Wyoming's open meeting law (pasted below) as well as providing an open and ethical public forum. You stated that the Governor and the BLM State Director signed a letter of agreement to keep the meetings closed, is that correct? Did you also state that you had to get a signed MOU from each county and conservation district? I believe that the Open Meetings law requires that if there are 3 elected officials in the room, then by definition they are conducting public business and that meeting must be open to the public. I can only ask what harm is caused by allowing the public to listen (not participate) to the workings of our public lands managers and publicly elected officials using our taxpayers dollars to conduct management dedsions? The Forest Service had cooperator groups where the public could listen and give a 5 minute comment at the end of each meeting. You did suggest I just go talk to my county commissioner and tell them what I thought. I said I'd rather do both, you know, for accountability. TITLE 16 - CITY, COUNTY, STATE AND LOCAL POWERS ARTICLE 4 - PUBLIC MEETINGS 16-4-401.� Statement of purpose. The agencies of Wyoming exist to conduct public business. Certain deliberations and actions shall be taken openly as provided in this act. 16-4-402.� Definitions. (a) � As used in this act: (i)� "Action" means the transaction of official business of an agency including a collective decision of a governing body, a collective commitment or promise by a governing body to make a positive or negative decision, or an actual vote by a governing body upon a motion, proposal, resolution, regulation, rule, order or ordinance; (ii) � "Agency" means any authority, bureau, board, commission, committee, or subagency of the state, a county, a municipality or other political subdivision which is created by or pursuant to the Wyoming constitution, statute or ordinance, other than the state legislature and the judiciary; (iii) � "Meeting" means an assembly of at least a quorum of the governing body of an agency which has been called by proper authority of the agency for the purpose of discussion, deliberation, presentation of information or taking action regarding public business; (iv) � "This act" means W. S. 16-4-401 through 16-4-408. 16-4-403.� Meetings to be open; participation by public; minutes. (a) � All meetings of the governing body of an agency are public meetings, open to the public at all times, except as otherwise provided. No action of a governing body of an agency shall be taken except during a public meeting following notice of the meeting in accordance with this act. Action taken at a meeting not in conformity with this act is null and void and not merely voidable. (b) � A member of the public is not required as a condition of attendance at any meeting to register his name, to supply information, to complete a questionnaire, or fulfill any other condition precedent to his attendance. A person seeking recognition at the meeting may be required to give his name and affiliation. (c) � Minutes of a meeting: (i) � Are required to be recorded but not published from meetings when no action is taken by the governing body; (ii) � Are not required to be recorded or published for day-to-day administrative activities of an agency. 16-4-404.� Types of meetings; notice; recess.
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