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"

12/05/2008 10:26 AM cc "Gov Dave" , "Ryan Lance" 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"

12/04/2008 06:17 PM To cc "Ryan Lance" , "Gov Dave" 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.

(a) � In the absence of a statutory requirement, the governing body of an agency shall provide by ordinance, resolution, bylaws or rule for holding regular meetings unless the agency's normal business does not require regular meetings in which case the agency shall provide notice of its next meeting to any person who requests notice. A request for notice may be made for all future meetings of an agency.

(b) � Special meetings may be called by the presiding officer of a governing body by giving notice of the meeting to each member of the governing body and to each newspaper of general circulation, radio or television station requesting the notice. The notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at a special meeting.

(c) � The governing body of an agency may recess any regular, special, or recessed regular or special meeting to a place and at a time specified in an order of recess. A copy of the order of recess shall be conspicuously posted on or near the door of the place where the meeting or recessed meeting was held.

(d) � The governing body of an agency may hold an emergency meeting on matters of serious immediate concern to take temporary action without notice. Reasonable effort shall be made to offer public notice. All action taken at an emergency meeting is of a temporary nature and in order to become permanent shall be reconsidered and acted upon at an open public meeting within forty-eight (48) hours.

(e) � Day-to-day administrative activities of an agency shall not be subject to the notice requirements of this section.

16-4-405.+ Executive sessions.

(a) � A governing body of an agency may hold executive sessions not open to the public:

(i) � With the attorney general, county attorney, district attorney, city attorney, sheriff, chief of police or their respective deputies, or other officers of the law, on matters posing a threat to the security of public or private property, or a threat to the public's right of acceSSj

(ii) � To consider the appointment, employment, right to practice or dismissal of a public officer, professional person or employee, or to hear complaints or charges brought against an employee, professional person or officer, unless the employee, professional person or officer requests a public hearing. The governing body may exclude from any public or private hearing during the examination of a witness, any or all other witnesses in the matter being investigated. Following the hearing or executive session, the governing body may deliberate on its decision in executive sessionsj

(iii) � On matters concerning litigation to which the governing body is a party or proposed litigation to which the governing body may be a party;

(iv). On matters of national security;

(v). When the agency is a licensing agency while preparing, administering or grading examinations;

(vi). When considering and acting upon the determination of the term, parole or release of an individual from a correctional or penal institution;

(vii). To consider the selection of a site or the purchase of real estate when the publicity regarding the consideration would cause a likelihood of an increase in price;

(viii). To consider acceptance of gifts, donations and bequests which the donor has requested in writing be kept confidential;

(ix). To consider or receive any information classified as confidential by law;

(x). To consider accepting or tendering offers concerning wages, salaries, benefits and terms of employment during all negotiations;

(xi). To consider suspensions, expulsions or other disciplinary action in connection with any student as provided by law.

(b). Minutes shall be maintained of any executive session .• Except for those parts of minutes of an executive session reflecting a members' objection to the executive session as being in violation of this act, minutes and proceedings of executive sessions shall be confidential and produced only in response to a valid court order.

(c). Unless a different procedure or vote is otherwise specified by law, an executive session may be held only pursuant to a motion that is duly seconded and carried by majority vote of the members of the governing body in attendance when the motion is made.

16-4-406.+ Disruption of public meetings.

If any public meeting is willfully disrupted by a person or group of persons so as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by the removal of the person or persons who are willfully interrupting the meeting, the governing body of an agency may order the removal of the person or group from the meeting room and continue in session, or may recess the meeting and reconvene at another location. Only matters appearing on the agenda may be acted upon in a meeting recessed to another location. A governing body of an agency shall establish procedures for readmitting an individual or individuals not responsible for disturbing the conduct of a meeting. Duly accredited members of the press or other news media except those who participated in a disturbance shall be allowed to attend any meeting permitted by this section.

16-4-407.� Conflict of law.

If the provisions of this act conflict with any other statute, the provisions of this act shall control.

16-4-408. � Penalty.

(a)� Any member or members of an agency who knowingly and willfully takes an action in violation of or conspires to take an action in violation of this act shall be guilty of a misdemeanor.� Any member of the governing body of an agency who attends or remains at a meeting where an action is taken knowing that the action is in violation of this act shall be guilty of a misdemeanor unless minutes were taken during the meeting and the parts thereof recording the member's objections are made public or at the next regular public meeting the member objects to the meeting where the violation occurred and asks that the objection be recorded in the minutes. � Either misdemeanor violation under this subsection is punishable upon conviction by a fine of not more than seven hundred fifty dollars ($750.00).

(b)� If any action is prohibited both by this act and any provision of title 6, the provisions of this act shall not apply and the provisions of title 6 shall apply.

I look forward to your response. I have ccled this letter to the Governor's office.

Sincerely,

Liz Howell, Executive Director Wyoming Wilderness Association PO Box6588 Sheridan, WY 82801 307672-2751 office 307672-2752 fax [email protected] We're on the WEB: www.wildwyo.org Christopher To Cafeb HinerIWFO/wy/BlM/OOI@BlM CarltonlWYSOIWY/BlM/DOI cc 12/05/2008 01:31 PM bcc

Subject Fw: Closed to the public-RMP cooperators

FYI.

Chris Carlton Wyoming State Office Planning Section Bureau of Land Management 307 775-6227 ----- Forwarded by Christopher Carlton/wySO/wy/BlM/OOI on 12/05/200801:31 PM ----- Christopher CarltonlWYSOIWY/BlM/OOI To Linda Slone/CFO/wy/BlM/OOI

12/05/2008 10:51 AM cc Ken PeacockIWYSO/wy/BlM/OOI@BlM

Subject Re: Closed to the public--RMP cooperators!)

Linda,

Per below, I don't think that BLM meets the definiNon of "agency", as we are not an authority, bureau, commission, committee, or subagency of the state.

Also, cooperator meetings don't meet the definition of "meeting" in the context of the law. Our meetings don't involve or necessarily include a quorum of the governing body of the state agencies involved and they are not cal!led by the proper authority (read: the agency). They are BLM meetings, called by BLM for the purpose of obtaining input and working with our designated cooperators.

Actions that the cooperators take outside of the cooperator meetings wilth BLM may be subject to the law, with the caveat that any stipulations of the MOU pertaining to release of information would apply. This would include the day-to-day business of the agencies, including decisions of how their governing body wants to interact with BLM or what positions they wHi take on issues associateed with the RMP; but actions of the BLM cooperators at BLM-sponsored meetings for the RMP revision would seem to be outside the scope of 16-4-401. Of course, I'm not a solicitor and there may be many other details I've missed ...

Thanks, Chris

16-4-402.0 Definitions.

(ii)D "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)0 "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;

Chris Carlton Wyoming State Office Planning Section Bureau of Land Management 307 775-6227 Linda Slone/CFOlWY/BLM/DOI

unda Slone/CFOlWY/BLM/DOI To "Liz" m 12/05/2008 10:26 AM cc "Gov Dave" , "Ryan Lance" Subject Re: Closed to the public--RMP cooperators [3

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, VVY 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"

12/04/2008 06: 17 PM To cc "Ryan Lance" , "Gov Dave" Subject Closed to the public--RMP cooperators

12/4/08 Linda M. Slone Planning and Environmental Coordinator Casper Field Office, BLM Christopher To Caleb HinerIWFOIWY/BLM/DOI@BLM, Linda CarltonlWYSOlWY/BLM/DOI Slone/CFOIWY/BLM/DOI@BLM cc 12/17/200803:50 PM bcc

Subject Open Meetings Law state response pending.

History: � This message has been forwarded. ------��------�

Caleb/Linda,

I have not forgotten, I am awaiting a response from the solicitor. Your guidance will likely be an email from yours truly, capturing the solicitor's perspective. This is already well-defined in the law, so an 1M is not expected. I'll forward as soon as I have something.

Chris Carlton Wyoming State Office Planning Section Bureau of Land Management 307 775-6227 Christopher To Ken PeacockIWYSO/wy/BLM/DOI@BLM, Bill CarltonlWYSOIWYIBLM/DOI Daniels/WYSO/wy/BLM/DOI@BLM, Linda Slone/CFO/wy/BLM/DOI@BLM, Caleb 12/18/2008 09:28 AM cc Philip C Lowe/DNV/SOUDOI@SOL

bcc

Subject BLM Cooperators Meetings and the State Open Meetings Law

History: � This message has been forwarded.

Good morning,

Several field offices have mentioned that members of the public have suggested that BLM cooperators meetings are subject to Wyoming Statute 16-4-401et seq., referred to as the open meetings law. White our planning process involves substantial public outreach through the NEPA process, the cooperators meetings are not directly open to the public. This has caused some concern during recent scoping activity for the Bighorn Basin RMP and the Buffalo RMP. In response to this concern, I contacted the solicitor's office for further guidance. Following is a c:iarification that I hope will help you respond to some of the questions.

The statute cited above does not apply to BLM cooperators' meetings, because BLM is not an "agency" within the meaning of the statute; we are not an authority, bureau, commission, committee, or subagency of the state.

Additionally, BLM cooperators' meetings don't meet the definition of "meeting" within the meaning of the statute. Our meetings are not called by the proper authority (read: the agency). Should there be a quorum of governing members from a specific agency present at a BLM cooperators' meeting, the act would appear to still not apply, again because the meeting was not called by the proper authority (read: state agency). However, that is an issue that the agency may wish to consider internally, based on the agency's interpretation of the statute and internal agency policy, when deciding how many of its governing officials should attend a BLM meeting. Again, the cooperators's meetings are BLM meetings, called by BLM for the purpose of obtaining input and working with our designated cooperators in support of our planning effort.

Actions that the cooperators take outside of the cooperator meetings with BLM may be subject to the law, any stipulations of the signed Cooperating Agency MOU pertaining to release of confidential or predecisional information excepted. Actions such as day-to-day business of the agencies, including internal decisions of how their governing body wants to interact with BLM and the positions they will take on issues associated with the RMP, may fall under the statute but actions of the BLM cooperators at BLM-sponsored meetings for the RMP revision appear outside the scope of 16-4-401.

Please remember that the NEPA process does provide for substantial public input, both during scoping and during the draft document review phase. Additionally, the cooperating agency process allows members of the public to provide input through their elected representatives. The public is represented by local and state elected and appointed officials, although the meetings are closed in support of the deliberative process.

Please let me know if you have any questions, or have a specific concern that you feel needs additional guidance.

Thanks, Chris

16-4-402.0 Definitions. (iO0 "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) 0 "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;

Chris Carlton Wyoming, State Office Planning Section Bureau of Land Management 307 775-6227 Ruth Welch/WO/BLM/DOI To Eddie Bateson/WFO/WY/BLM/DOI@BLM, Mike Stewart/CYFO/WY/BLM/DOI@BLM, Sarah Beckwith/WFO/WY/BLM/DOI@BLM 03/24/2009 06:07 PM cc Don Simpson/WYSO/WY/BLM/DOI@BLM, Mary L Wilson/WYSO/WY/BLM/DOI@BLM, Bill Hill/WYSO/WY/BLM/DOI@BLM, Jessica Camargo/WYSO/WY/BLM/DOI@BLM Subject White Paper for Deputy Director - Sunshine Law

Eddie, Mike, and Sarah,

Please prepare a White Paper for the Deputy Director cover the current issue with the Open Meetings Law. We'll attach the final letter that was sent to the five interested parties (State Grazing, WY Wilderness, Yellowstone, etc.). Please include the following in the paper:

1. We created and sent the letter because...... 2. The State's Open Meetings Law states...... 3. BLM is not included because...... 4. The letter has been sent to the following...... Because of their interest in ......

The paper doesn't have to be very long. Please check with External Affairs on the format. I am not sure if there is a White Paper format or if we can use a similar format (e.g., early alert). Don would like to see a draft by tomorrow afternoon. (Eddie, I know we talked about the end of the week, but this is on a faster track than I previously realized.)

Thank you -

Ruth

Ruth Welch Acting Associate State Director BLM Wyoming 5353 Yellowstone Road Cheyenne, WY 82003 Office: 307-775-6001 Cell: 703-946-5814 ----- Forwarded by Eddie Bateson/WFO/WY/BLM/DOI on 05/12/2010 07:25 AM -----

Lance Porter/RSFO/WY/BLM/DOI To Eddie Bateson/WFO/WY/BLM/DOI@BLM cc 03/25/2009 08:21 AM Subject Re: Open meeting response Eddie,

I do not have any proposed changes for your letter. Please forward me the final letter after you get everyone else's input.

Thanks

Lance Porter Field Manager Rock Springs Field Office (307)352-0201 ▼ Eddie Bateson/WFO/WY/BLM/DOI

Eddie Bateson/WFO/WY/BLM/DOI To WY WMT cc Christopher Carlton/WYSO/WY/BLM/DOI@BLM 03/20/2009 01:45 PM Subject Open meeting response

Attached is a draft letter that I would like to send out to a number of individuals that have requested clarification on the Bureau's position of allowing members of the public to attend our cooperators meetings and how it relates to the State statues. I am not sure if other offices are experiencing this same type of issue, but I would like 1) any feed back on the content of the letter and 2) for the purpose of Statewide consistency, provide it as a format for other offices should they need the same type of correspondence. Please take a look and be prepared to discuss on Monday's call.

Thank you guys......

[attachment "Open Meetings on District letterhead.doc" deleted by Lance Porter/RSFO/WY/BLM/DOI]

Eddie Bateson District Manager Wind River/Big Horn Basin District Worland, Wyoming 307-347-5243 (office)

----- Forwarded by Eddie Bateson/WFO/WY/BLM/DOI on 05/12/2010 07:25 AM -----

Cindy Wertz/WYSO/WY/BLM/DOI To Ruth Welch/WO/BLM/DOI@BLM, Don Simpson/WYSO/WY/BLM/DOI@BLM cc Mary L Wilson/WYSO/WY/BLM/DOI@BLM, Sarah 03/25/2009 10:54 AM Beckwith/WFO/WY/BLM/DOI@BLM, Eddie Bateson/WFO/WY/BLM/DOI@BLM, Mike Stewart/CYFO/WY/BLM/DOI@BLM, Bill Hill/WYSO/WY/BLM/DOI@BLM Subject Fw: White Paper for Deputy Director - Sunshine Law

Hi

I gave this a quick review for Sarah and am forwarding onto you. If you need anything from us, please let me know.

Thanks Cindy

----- Forwarded by Cindy Wertz/WYSO/WY/BLM/DOI on 03/25/2009 10:47 AM -----

Sarah Beckwith/WFO/WY/BLM/DOI To Cindy Wertz/WYSO/WY/BLM/DOI@BLM cc 03/25/2009 10:16 AM Subject Fw: White Paper for Deputy Director - Sunshine Law

I wrote this using the exact wording Ruth asked for below. Thanks, Cindy!

----- Forwarded by Sarah Beckwith/WFO/WY/BLM/DOI on 03/25/2009 10:15 AM -----

Ruth Welch/WO/BLM/DOI To Eddie Bateson/WFO/WY/BLM/DOI@BLM, Mike Stewart/CYFO/WY/BLM/DOI@BLM, Sarah Beckwith/WFO/WY/BLM/DOI@BLM 03/24/2009 06:07 PM cc Don Simpson/WYSO/WY/BLM/DOI@BLM, Mary L Wilson/WYSO/WY/BLM/DOI@BLM, Bill Hill/WYSO/WY/BLM/DOI@BLM, Jessica Camargo/WYSO/WY/BLM/DOI@BLM Subject White Paper for Deputy Director - Sunshine Law

Eddie, Mike, and Sarah,

Please prepare a White Paper for the Deputy Director cover the current issue with the Open Meetings Law. We'll attach the final letter that was sent to the five interested parties (State Grazing, WY Wilderness, Yellowstone, etc.). Please include the following in the paper:

1. We created and sent the letter because...... 2. The State's Open Meetings Law states...... 3. BLM is not included because...... 4. The letter has been sent to the following...... Because of their interest in ......

The paper doesn't have to be very long. Please check with External Affairs on the format. I am not sure if there is a White Paper format or if we can use a similar format (e.g., early alert). Don would like to see a draft by tomorrow afternoon. (Eddie, I know we talked about the end of the week, but this is on a faster track than I previously realized.)

Thank you -

Ruth

Ruth Welch Acting Associate State Director BLM Wyoming 5353 Yellowstone Road Cheyenne, WY 82003 Office: 307-775-6001 Cell: 703-946-5814 ----- Forwarded by Eddie Bateson/WFO/WY/BLM/DOI on 05/12/2010 07:25 AM -----

"dloper" To cc "garyr" , "wsgb" 04/15/2009 02:42 PM Subject Re: open meetings letter

Eddie: I'm just getting around to thanking you for the attached letter. Just as a refresher on the subject, the WSGB had not suggested that a State Law would in any way circumvent the federal rules on the subject of public meetings. But we are still interested in receiving a copy of the letter you received from the office of your Solicitor in Denver germane to the subject of whether or not the public could or could not, attend ANY of the meetings you are now holding with representatives of local government "Cooperating Agencies" on developing the new RMP's in Lander and the Big Horn Basin. Thanks for this in advance.

Dick Loper, Consultant to the WSGB cc: WSGB ----- Original Message ----- From: To: Sent: Tuesday, March 24, 2009 10:31 AM Subject: open meetings letter

> > Dick: > > As promised, attached is the letter that we are sending out in response to > our meetings being closed to the public and how it relates to the open > meetings law statue. Hope things are going well...... > > (See attached file: Open Meetings Final.doc) > > > > Eddie Bateson > District Manager > Wind River/Big Horn Basin District > Worland, Wyoming > 307-347-5243 (office)

----- Forwarded by Eddie Bateson/WFO/WY/BLM/DOI on 05/12/2010 07:25 AM -----

"dloper" To cc 04/17/2009 11:29 AM Subject Re: open meetings letter

Thanks, & I like the idea of the BLM periodically having opportunities for the public to get some info on what is going on as you develop the RMP. This would be a good way to discriminate between what is, or is not, pre-decisional info. Yes, I'll be around next week. Do you have a day in mind ? - Dick ----- Original Message ----- From: To: "dloper" Sent: Friday, April 17, 2009 8:38 AM Subject: Re: open meetings letter

> Dick: > > The letter that I sent out was, in fact, the solicitors opinion...... I > just put it in my format. I really appreciate your support in having > these > meetings closed to the public and your understanding of what could evolved > if we different take this position. I don't think, however, that we have > heard the last of it as we continue to get inquiries from newspaper > reporters, public, etc. on their dissatisfaction. > > The Bureau is considering having "open houses" periodically throughout the > process to allow members of the public to attend and understand where we > are in the process. The Bureau would be able to control the information > presented (non-predecisional) and hopefully relay information to the > public > on where we are. What do you think? > > P.S. I will be in Lander most of the week next week...... Maybe > lunch? > > > > Eddie Bateson > District Manager > Wind River/Big Horn Basin District > Worland, Wyoming > 307-347-5243 (office) > > ----- Forwarded by Eddie Bateson/WFO/WY/BLM/DOI on 05/12/2010 07:25 AM -----

Cindy Wertz/WYSO/WY/BLM/DOI To Eddie Bateson/WFO/WY/BLM/DOI@BLM, Mike Stewart/CYFO/WY/BLM/DOI@BLM, Karla Bird/WFO/WY/BLM/DOI@BLM, Caleb 07/06/2009 10:24 AM Hiner/WFO/WY/BLM/DOI@BLM, Sarah Beckwith/WFO/WY/BLM/DOI@BLM cc Mary L Wilson/WYSO/WY/BLM/DOI@BLM Subject Powell Tribune

Hi

I just got off the phone with CJ Baker, Powell Tribune. He had questions about the RMP. He's been talking to a coalition of conservation groups who have come up with their own alternative. He asked why they can't be included in the cooperator meetings. He said he didn't understand why they couldn't at least sit in and listen.

Hopefully, I explained everything but he does want to know the NEPA reference, explaining the cooperating agency info. Could someone help me out with that?

Thanks! Cindy

----- Forwarded by Eddie Bateson/WFO/WY/BLM/DOI on 05/12/2010 07:25 AM -----

Peggy Ruble To "'[email protected]'" , "'[email protected]'" 02/16/2010 05:30 PM , "'[email protected]'" , "'[email protected]'" cc Brenda Bangert , Bill Brewer , Bucky Hall , Dave Burke , Jill Shockley Siggins , Tim French Subject Open Meetings Request

Dear Eddie, Mike, Karla & Mr. Simpson:

Chairman Jill Shockley Siggins requested I e-mail you a copy of the letter the commissioners approved and signed today requesting open meetings. A hard copy has been mailed today. Thank you.

Peggy Ruble Administrative Assistant Park County Commissioners 527-8510

From: Sarah Beckwith To: Mary L Wilson Cc: Eddie Bateson Subject: Re: Open Meetings - the next version Date: 03/24/2010 02:18 PM Attachments: IM.Public Info Process.v3.doc

I've been able to do some work during eplanning so here are our comments. I hate to sound critical, but I think my overall feeling was that it was hard to follow the IM because it didn't logically flow in my mind. I think I need structure in the form of numbering, headings, etc. Some items were repeated in various sections and that confused me, too. Is it just me???

Sarah Beckwith Public Affairs Wind River/Bighorn Basin District Worland, WY 307.347.5207 (office) 307.287.3675 (mobile) ▼ Mary L Wilson/WYSO/WY/BLM/DOI

Mary L Wilson/WYSO/WY/BLM/DOI To Sarah Beckwith/WFO/WY/BLM/DOI@BLM cc 03/24/2010 12:53 PM Subject Re: Open Meetings - the next version

I need to have this for WMT's full review ASAP. Don wanted it by the end of the month, so perhaps you could get comments to me by Monday? Let me know. Thanks!

Mary L. Wilson, Director Communications Office 307.775.6015 (office) 307.214.7968 (cell)

[email protected] ▼ Sarah Beckwith/WFO/WY/BLM/DOI

Sarah Beckwith/WFO/WY/BLM/DOI To Mary L Wilson/WYSO/WY/BLM/DOI@BLM cc 03/23/2010 12:36 PM Subject Re: Open Meetings - the next version Eddie gave me his comments and I may have some. I'm in ePlanning this week (whoopee!) so what is my deadline?

Sarah Beckwith Public Affairs Wind River/Bighorn Basin District Worland, WY 307.347.5207 (office) 307.287.3675 (mobile) ▼ Mary L Wilson/WYSO/WY/BLM/DOI

Mary L Wilson/WYSO/WY/BLM/DOI To Eddie Bateson, Sarah Beckwith cc 03/22/2010 01:17 PM Subject Open Meetings - the next version

This version compiles all the comments I received on the latest draft. I want to make sure we address your concerns and have something flexible enough to work for all. Please take a look at this, then we can talk about it - perhaps while Eddie is here this week?

Thanks

[attachment "IM.Public Info Process.v3.doc" deleted by Sarah Beckwith/WFO/WY/BLM/DOI]

Mary L. Wilson, Director Communications Office 307.775.6015 (office) 307.214.7968 (cell)

[email protected] Caleb To Eddie BatesonIWFOIWY/BLM/DOI@BLM HinerlWFOlWY/BLM/DOI cc 04/20/200902:26 PM bcc

Subject Re: BB RMP Open meeting response- sent confirmationlk]

Just confirmed. Letter sent.

Caleb Hiner 101 South 23rd PO Box 119 Worland, WY Phone (307) 347-5171 Fax (307) 347-5228

Eddie BatesonlWFOlWY/BLMIDOI

Eddie BatesonlWFOlWY/BLM/DOI To Caleb HinerIWFOIWY/BLM/DOI@BLM

04/20/2009 01 :29PM cc

Subject Re: BB RMP Open meeting responsetf]

Sarah sent them out to the list that you and I worked up. Please confirm with her and that me know. Sent from my Blackberry device Caleb Hiner

----- Original Message ----­ From: Caleb Hiner Sent: 04/20/2009 01:24 PM MDT To: Eddie Bateson Subject: BB RMP Open meeting response Eddie, was this letter sent out?

Caleb Hiner 101 South 23rd PO Box 119 Worland, WY Phone (307) 347-5171 Fax (307) 347-5228

----- Forwarded by Caleb HinerlWFOlWY/BLM/DOI on 04/20/2009 01 :23 PM ----­

Christopher CarltonlWYSOlWY/BLM/DOI To Mary WilsonIWYSOIWY/BLM/DOI@BLM

04/20/2009 01 : 18 PM cc Caleb HinerIWFOIWY/BLM/DOI@BLM, Cindy WertzlWYSOIWY/BLM/DOI@BLM Subject Fw: Open meeting response Mary,

As discussed, here is the draft of the letter that was sent out in March in response to inquiries about the state open meetings statute and it's applicability to our workshops.

Just FYI ...

Thanks, Chris

Chris Carlton Wyoming State Office Planning Section Bureau of Land Management 307 775-6227 ----- Forwarded by Christopher Carlton/wySO/wy/BLM/OOI on 04/20/2009 01: 17 PM -----

Eddie BatesonIWFO/WY/BLMIDOI To WY WMT

03/20/200901 :45 PM cc Christopher Carlton/wySO/wy/BLM/OOI@BLM

Subject Open meeting response

Attached is a draft letter that I would like to send out to a number of individuals that have requested clarification on the Bureau's position of allowing members of the public to attend our cooperators meetings and how it relates to the State statues. I am not sure if other offices are experiencing this same type of issue, but I would like 1) any feed back on the content of the letter and 2) for the purpose of Statewide consistency, provide it as a format for other offices should they need the same type of correspondence. Please take a look and be prepared to discuss on Monday's call.

Thank you guys......

[attachment "Open Meetings on District letterhead.doc" deleted by Eddie BatesonIWFOIWY/BLM/DOI]

Eddie Bateson District Manager Wind River/Big Horn Basin District Worland, Wyoming 307-347·5243 (office) Eddie To Sarah BeckwithIWFOIWY/BLM/DOI@BLM, Caleb BatesonlWFOIWYIBLM/DOI HinerIWFOIWY/BLM/DOI@BLM cc 03/24/200910:06 AM bcc

Subject Open meetings letter

Caleb:

As we talked, I am going to ask Sarah to format and send out this letter to the people who have presented inquiries concerning open meetings. Please copy and have available for the work shops if the topic should arise.

Open Meetings Final.doc

Eddie Bateson District Manager Wind River/Big Horn Basin District Worland, Wyoming 307 -34 7 -5243 (office) of alternatives, intowere the of incorporated agency's decision consideration including EIS, the of findings the how addressing decision its of record public A an prepare without EIS having to to anfirst EA. prepare choose may agency federal a controversial, environmentally is project a if or I is completed. itwhen EIS draft the on comment then and EIS an of preparation the into input provide mally alternatives. and action posed prepared. is EIS an significant, be may ing I impacts. potentially significant (FONSI). vironment. the en- significantlyaffect wouldundertaking a federal not whetheror determine(EA)to ment A regulations. NEPA their under evaluation environmental from excluded categorically normally are which actions significantimpact. havingas environmental no determined previously has agency federal a which criteria certain meets it if analysis mental A statement impact environmental an of (EIS). preparation and (EA/FONSI); impact significant no of assessment/finding environmental an of preparation determination; exclusion categorical environment. the affect significantly could undertaking an not alternatives. its including taking T f a federal agency anticipates that an undertaking may significantly impact the environment, the impact significantly may undertaking an that anticipates agency federal a f undertak- federal proposed a of consequences environmental the that determines EA the f he NEPA process consists of an evaluation of the environmental effects of a federal under- federal a of effects environmental the evaluation of an of consists process NEPA he fter a final EIS is prepared and at the time of its decision, a federal agency will prepare a prepare will agency federal a decision, its of time the at and prepared is EIS final a fter t the second level of analysis, a federal agency prepares a written environmental assess- environmental written a prepares agency federal a analysis, of level second the t environ- detailed a from excluded categorically be may undertaking an level, first the t

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Rawlins Field Office Field Rawlins

Scoping — Project Creston - Divide Continental – BLM miles west of the city of Rawlins, in Carbon and Sweetwater Counties, Counties, Wyoming. Sweetwater and Carbon in Rawlins, of city west the of miles a 25 approximately located is area project new The proposed. is period operational and development project of life year 40 to addition, In (1994). Decision 15 A of area. project Record the within included and are projects EIS development gas natural Gap smaller several Creston/Blue the and Natural (2000) II Decision of Divide/Wamsutter Record Continental and the EIS under project Project new Gas development The field for techniques. analyzed drilling previously fields directional gas and natural vertical both overlies area of combination a using developed Field Rawlins be the would of Wells boundaries the within Office. lands private and State, Federal, mixed of acres million 1.1 approximately passes encom- area The project The wells. proposal. gas natural bed companies’ coal 500 the to 100 including process wells gas to natural 8,950 includes necessary proposal is combined EIS an that determined has BLM The Project.‖ Gas Natural Creston Divide ―Continental entitled project Divide Continental and proposals two combined Management Land of reau Bu- the proposal BP’s reviewing After area. EIS Gap II Creston/Blue the to Divide/ adjacent is which Continental area Project the Gas Natural II Wamsutter of portion a within facilities associated and wells 7,700 to up develop and drill to posal them- pro- a holders, lease other and selves representing (BP), Company BLM Production the America BP 2005, from received November In ject.‖ Pro- Gas Natural II Gap ―Creston/Blue named was facili- proposal Devon The ties. associated and wells 1,250 to up develop and drill to proposal a ers, hold- lease other and themselves ing represent- Corporation, Energy Devon from received BLM the 2005, April In Leads: Mary Read, David Simons, Eldon Allison Eldon David Simons, Read, Leads: Mary Project Lead comments: to submit Where http://www.wy.blm.gov/nepa/rfodocs/cd_creston/index.htm How to get more information:

— Proposed — P.O. Box 2407 2407 Box P.O.

Creston Blue Gap II II Gap Blue Creston -- into a new new a into Project -

Rawlins, WY 82301 or via email at: at: email via or 82301 WY Rawlins,

60 – - day comment period concludes on May 5. Send Comments to: Eldon Allison, Co Allison, Eldon to: Comments 5. Send May on concludes period comment day

[email protected] [email protected]

- year construction period with a 30 30 a with period construction year Team Team - ir ir

DRAFT PUBLIC PARTICIPATION PLAN

BIGHORN BASIN RESOURCE MANAGEMENT PLAN REVISION

U.S. Department of the Interior Bureau of Land Management Cody and Worland Field Offices, Wyoming

February 2010

It is the mission of the Bureau of Land Management to sustain the health, diversity, and productivity of the public lands for the use and enjoyment of present and future generations.

TABLE OF CONTENTS 1.0 INTRODUCTION...... 1 2.0 PROJECT BACKGROUND AND OVERVIEW ...... 2 2.1 Bighorn Basin Planning Area ...... 2 2.2 Purpose of the Public Participation Plan ...... 2 2.3 Goals of the Public Participation Plan ...... 2 2.4 Key Messages for the Project ...... 3 3.0 PUBLIC INVOLVEMENT STRATEGY ...... 4 3.1 Public Affairs Team ...... 4 3.1.1 Bureau of Land Management, State Office ...... 6 3.1.2 Cody and Worland Field Offices ...... 6 3.1.3 Contractor ...... 6 3.2 Tools ...... 8 3.2.1 Mailing List ...... 8 3.2.1.1 Wyoming State Legislature...... 9 3.2.1.2 Members of Congress ...... 9 3.2.2 Newsletters ...... 9 3.2.3 Postcards ...... 10 3.2.4 Website/Internet ...... 10 3.2.5 Public Access to Agencies ...... 10 3.2.6 Media Releases ...... 10 3.2.7 Public Meetings ...... 11 3.2.8 Summary of Methods for Commenting ...... 12 4.0 PROJECT COLLABORATION ...... 13 4.1 Cooperating Agencies ...... 13 4.1.1 Local and Regional Governments ...... 14 4.1.2 State Agencies ...... 15 4.1.3 Non-Bureau Federal Agencies ...... 15 4.1.4 Native American Tribes ...... 15

APPENDICES Appendix A Public Involvement Strategy Mailing List Appendix B List of Media Markets

LIST OF TABLES

Table 3-1. Public Affairs Team ...... 4 Table 3-2. Document Review Chain of Command ...... 6 Table 3-3. Roles and Responsibilities ...... 7 Table 3-4. Newsletter Schedule ...... 10

Bighorn Basin RMP Revision i DRAFT Public Participation Plan

ACRONYMS AND ABBREVIATIONS

BB RMP Bighorn Basin Resource Management Plan BLM Bureau of Land Management CYFO Cody Field Office CEQ Council on Environmental Quality CFR Code of Federal Regulations EIS Environmental Impact Statement FLPMA Federal Land Policy and Management Act ICF ICF International MOU Memorandum of Understanding N/A not applicable NEPA National Environmental Policy Act NOA Notice of Availability PA public affairs Plan Public Participation Plan PSA Public Service Announcement RMP Resource Management Plan ROD Record of Decision TBD To Be Determined USC United States Code USDI U.S. Department of the Interior WFO Worland Field Office WO Washington Office WSO Wyoming State Office 1

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1.0 INTR ODUCTION This Public Participation Plan (Plan) has been developed to establish a comprehensive plan for collaborative and community-based public involvement programs for the Bureau of Land Management (BLM) Bighorn Basin Resource Management Plan (BB RMP) revision and associated Environmental Impact Statement (EIS) for the Cody and Worland Field Offices, Wyoming. A community-based RMP reflects careful consideration of the local and regional factors unique to the planning area, while being fully consistent with appropriate laws, regulations, and policies. The BLM’s goal is to consider these factors in a manner that is inclusive rather than exclusive, wherein tribes, communities, agencies, and stakeholders are provided opportunities to participate in the planning process and are kept informed of the status of the project. Public involvement is mandated by several federal regulations and guidelines, including: • Federal Land Policy and Management Act (FLPMA) (43 United States Code [USC] 1701-1784); • National Environmental Policy Act (NEPA) (42 USC 4321-4347); • Council on Environmental Quality (CEQ) regulations for implementing the procedural provisions of NEPA (40 Code of Federal Regulations [CFR] §§ 1500-1508); and • U.S. Department of the Interior and BLM relevant planning regulations, manuals, handbooks, and applicable policy documents.

This Plan complies with FLPMA, NEPA, CEQ regulations, and BLM public involvement guidance and directives. This strategy also incorporates guidance from the BLM Land Use Planning Handbook (H- 1601-1), which outlines the public participation process, and from the recent CEQ memorandum, “Cooperating Agencies in Implementing the Procedural Requirements of NEPA,” which seeks to ensure that federal agencies actively engage state, tribal, local, and other federal agencies in preparation of NEPA analyses and documentation. This Plan describes a framework for effective public dialogue during each phase of the RMP and EIS process, which will include well defined access points for public input, mailing lists to distribute information, informational community assessment travel management meetings and public meetings, and the release of succinct informational materials. It is important to note that the Cody and Worland Field Offices will engage in two collaborative outreach efforts to develop the RMP and EIS. One will include meetings tailored to the general public to gather key data and information to support the RMP and EIS process and will hereinafter be referred to as the “public involvement strategy.” The other will include meetings with cooperating agencies to support RMP and EIS preparations and will hereinafter be referred to as the “cooperating agency strategy.” This plan is divided into four sections. Section 1.0 provides an introduction to the plan and outlines the relevant regulatory guidance. The project background and purpose of this Plan are described in section 2.0 along with the Public Affairs (PA) Team and team roles and responsibilities. Public participation goals and key messages are also discussed in section 2.0. Section 3.0 identifies the public involvement strategy or the overall strategy for including the general public in the BB RMP and EIS process. Section 4.0 includes a discussion of project collaboration, including cooperating agencies and stakeholders and BLM’s overall collaboration strategy for working with these entities. Appendix A sets forth BLM’s initial mailing list for the RMP and EIS project. Appendix B provides a list of local media resources.

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The following partners and agencies have been sent cooperating agency invitation letters prior to starting the revision process:

• Federal Agencies o Washakie Conservation District o U.S. Environmental Protection o Shoshone Conservation District Agency o South Big Horn Conservation o U.S. Department of Agriculture- District Forest Service • Native American Tribes . Bighorn National Forest o «TRIBEOFFICE» . Shoshone National o Arapaho Forest o Shoshone Bannock • State of Wyoming o Northern Cheyenne Governor’s Office o o Crow o Department of Environmental Ogalala Sioux Quality o o Salish Department of Agriculture o o Kootenai o Game and Fish Department Blackfeet • o County Commissions and Conservation Rosebud Sioux Districts o Cheyenne River Sioux Park County Commission o o Crow Big Horn County Commission o o Nez Perce Washakie County Commission o o Northern Arapahoe Hot Springs County o o Northern Cheyenne Commission o o Oglala Sioux o Powell Clarks Fork Conservation District o Rosebud Sioux Salish & Kootenai o Meeteetse Conservation District o «TRIBEOFFICE» o Hot Springs Conservation o District 2.0 PROJECT BACKGROUND AND OVERVIEW This section provides the framework to support collaborative outreach for the RMP and EIS process, which includes fulfilling both the public involvement strategy, set forth in Section 3.0 and the cooperating agency strategy, set forth in section 4.0. This section imparts the purpose and goals and the Bighorn Basin planning area background for this overall outreach effort. It also establishes the PA Team, team roles and responsibilities, and key messages to be utilized for both the public involvement and cooperating agency efforts. 2.1 Bighorn Basin Planning Area The revised plan will provide future direction for approximately 3.2 million surface acres and 4.2 million acres of federal mineral estate in north-west Wyoming, encompassing Park, Big Horn, Washakie, and Hot Springs counties. The purpose of the RMP will be to establish goals and objectives for resource management; identify lands that are open or available for certain uses, including any restrictions, and lands that are

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closed to certain uses; provide comprehensive management direction for all resources and uses; and contain broad scale decisions guiding future site-specific implementation decisions. As part of the RMP preparation, an EIS will also be prepared. Both the RMP and EIS will be community-based with a full range of public participation. 2.2 Purpose of the Public Participation Plan This plan will act as a strategic guide for the effective involvement of individuals, groups, and communities throughout the RMP revision and associated NEPA processes. Two-way communication techniques will be utilized to ensure the community is informed of the RMP and EIS and that the RMP and EIS revision team and decision makers are informed of community concerns and issues. Public involvement is part of an effort to obtain relevant, useful information that the agencies might not otherwise possess. This information-gathering process will also assist in identifying and focusing on issues to be analyzed in the EIS and in the development of alternatives and mitigation measures. This plan will ensure a consistent, one-voice, two-way communication approach throughout the RMP and the NEPA processes. The successful completion of a public involvement program to support the objectives of the RMP and EIS will result in increased credibility, trust and confidence in BLM’s process and its ability to work with other federal agencies, tribes, state and local governments, stakeholders, and the general public. 2.3 Goals of the Public Participation Plan Part of BLM’s role as a public land manager includes outreach efforts, which are critical in communicating management goals and objectives for the planning area. The Plan goals emphasize the BLM’s collaborative planning approach. This approach includes collaborative education, input to the process, building relationships, product ownership, pooled resources, and coordinated implementation. A truly effective coordination process gathers the right information from the right people at the right time using the most appropriate methods possible. The information gathered is then used to refine the project in a way that assures the public that their input is valuable and makes the overall project better. The process supports the idea that public involvement should always be timely, useful and used. It is BLM’s goal to keep the public fully involved and informed about this project throughout the duration of the project. To support this goal, the public involvement program will: • Establish a level of trust and credibility with the local populations. • Provide for members of the public to comment and provide useful data. • Promote public education and awareness of BLM activities in the local areas. • Develop a flexible and robust RMP with input from cooperating agencies. • Identify early coordination efforts and ensure that all interested and affected parties are aware of the proposed action. • Make diligent efforts to involve the public in the NEPA process. • Provide public notice of NEPA-related hearings, public meetings, and the availability of environmental documents so as to inform those persons and agencies that may be interested or affected. • Identify cooperating agencies to be involved in agency coordination.

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• Collaborate with the local communities to gather information and identify issues to include during the project’s decision-making process in order to maximize stakeholder communication effectiveness. • Execute key messages and provide clear, succinct information to the public. • Provide multiple channels of communication for the public and project stakeholders. • Provide the public with accurate, candid, and timely information about project issues, and provide a credible and consistent one-voice approach to all interested and affected parties. 2.4 Key Messages for the Project All of BLM’s interactions with the public and media will seek to embody a consistent, credible one- voice/two-way communication approach. The background context for all communication is to provide an understanding of the necessity of the RMP process and encourage public opportunities for input. Several key messages will be emphasized throughout the revision process, and will be included in both spoken dialogue and in written information products. Key messages are listed below; others may be developed throughout the RMP and EIS process. • The BB RMP will guide land use decisions and management actions on public lands for 20 years or more. - The RMP will establish goals and objectives for resource management (i.e., desired future conditions for BLM public lands) and the actions needed to achieve these goals and objectives. - The BLM seeks to gather information from the public, tribes, agencies, and stakeholders. Such input assists BLM in developing alternatives for analysis and mitigation measures. The BLM wants to ensure that the RMP and EIS addresses topics and concerns that are important to the people who will be affected by their decisions. - When complete, the Draft RMP and EIS will provide a reasonable range of alternatives for development of an integrated multiple use plan that balances resource use and resource protection. • Public participation is essential in determining the future of the planning area. - When people, communities, and governments work together as a team towards common objectives and identify common needs and goals, there is significant improvement in the stewardship of public lands. In addition, community-specific input and comments help shape the RMP and environmental analysis and allow decision-makers to have the most accurate and inclusive information available. - A series of public meetings will be scheduled during the scoping period and the comment period for the Draft RMP and EIS. The purpose of these meetings is to solicit public comment and provide the opportunity for public comment, discussion, and as appropriate formal testimony. During the Draft RMP and EIS public meetings, BLM will provide extensive information to the public on the contents of each alternative and the BLM preferred alternative. - Public feedback will ensure that the decision-makers benefit from community-specific knowledge and are aware of comments and concerns. BLM will ensure all of the issues affecting the local area and population have been considered prior to the completion and approval of the RMP and EIS.

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• Collaboration and cooperation are essential for the BLM. - BLM and cooperators must provide a thorough and objective analysis of relevant issues to ensure informed and responsible decisions. - The RMP and EIS seek to balance diverse interests. - Government agencies have a responsibility to maintain an open process and consider all perspectives when contemplating an action. - BLM recognizes the sovereign status of Native American tribes and the federal responsibility to protect trusted assets. - The RMP-level decisions may have broad implications for those managing adjacent lands or recourses. Coordination is vital with public and private land owners, tribal and other federal and state agencies, and state and local government elected and appointed officials. 3.0 PUB LIC INVOLVEME NT STRATEGY This section sets forth the public involvement strategy tailored to the general public to gather key data and information to support the RMP and EIS process. Meaningful participation from the public is a critical component of the RMP and EIS process. Widespread and ongoing public participation throughout this process is vital in achieving public support for the plan. The public will be provided with opportunities to comment and provide input during scoping, in writing during public comment periods, directly through the BLM, and via the RMP and EIS website. BLM’s methods for supporting public involvement are outlined below. 3.1 Public Affairs Team Implementation of this Plan will be a cooperative effort between BLM and contractor staff (ICF International [ICF]), known as the PA team. The team consists of the project managers and technical and public affairs support staff. Table 3-1 identifies the members of this team. This section outlines the public participation activities to be conducted by members of the public involvement team for the project. Roles and responsibility for the members of the public involvement team are described in this section. Many of the materials prepared for public involvement will require coordination between ICF and BLM, as well as BLM review at the Cody and Worland Field Offices, the Wyoming State Office, and Washington Office levels. Table 3-2 shows the level of review that is needed for different materials and the approximate duration required for each review.

Table 3-1. Public Affairs Team Name Agency Title Role Eddie Bateson BLM Wind River/Bighorn Basin Approval authority. District Manager Mike Roberts BLM Acting Field Manager, Approval Authority Worland Mike Stewart BLM Field Manager, Cody Approval Authority

Sarah Beckwith BLM Public Affairs Officer Review and approve all public involvement materials, as required by BLM policy. Coordinate review with the BLM WO and WSO. Distribute public involvement materials as needed.

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Caleb Hiner BLM Project Manager Review and distribute public involvement materials as needed.

Ann Perkins & BLM RMP Technical Coordinators Review public involvement materials. Andrew Tkach Laura Ziemke, ICF Contractor Project Review public involvement materials. Robert Henke Management Team Jennifer ICF Public Involvement Prepare and distribute contractor public involvement materials. Geeslin Specialist/Facilitator BLM Bureau of Land Management ICF ICF International WO Washington Office

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Table 3-2. Document Review Chain of Command

Task Level of Review Review Duration Press releases and public service CYFO, WFO, WYSO and WO Up to 1 week announcements Federal Register notices WFO, WYSO and WO 8-10 weeks Planning bulletins, handouts, and WFO and WSO Up to 3 days website postings Posters/displays CYFO and WFO 2 days, ongoing interactive review process CYFO Cody Field Office WFO Worland Field Office WO Washington Office WYSO Wyoming State Office

3.1.1 Bureau of Land Management, State Office The BLM State Office will provide guidance and oversee all materials and elements pertaining to this RMP. 3.1.2 Cody and Worland Field Offices The Cody and Worland Field Offices will review and approve all public participation materials and activities for all elements of the project. The BLM Project Lead will prepare and update the Plan. 3.1.3 Contractor ICF is responsible for providing public affairs support throughout this project. ICF will: • Prepare or review a scoping notice for distribution (if requested to do so). • Prepare or review a public meeting/hearing notice and Notice of Availability (NOA) for distribution (if requested to do so). • Maintain a current project mailing list. • Develop press releases and Public Service Announcements (PSAs) to local media outlets. • Develop comment forms, meeting materials, displays, and handouts for scoping/public outreach events and public meetings/hearings. • Arrange, coordinate, and establish logistical procedures for scoping/public outreach events, as well as public meetings/hearings. • Arrange and pay for a court reporter, as appropriate, at public meetings/hearings. • Facilitate , public hearings, outreach, and collaboration meetings (if applicable). • Provide feedback of public and agency comments to the environmental analysis technical staff, to ensure comments are adequately addressed and considered in analyses contained in draft and final environmental documents. • Prepare Draft and Final Reports after scoping meetings and public hearings.

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Table 3-3. Roles and Responsibilities

Entity Task Description Accountable1 Details/Timeline

BLM ICF

BLM responds, ICF supports as 1 Response to media inquiry P S needed (ongoing).

BLM responds, ICF supports as 2 Response to tribal inquiry P S needed (ongoing).

BLM responds, ICF supports as 3 Response to agency/public inquiry P S needed (ongoing).

Linked to WY BLM homepage, BLM 4 Maintain website P S controls, ICF work with BLM to maintain and update (ongoing).

BLM provided current mailing list to 5 Maintain project mailing and media lists S P ICF for maintenance (ongoing).

BLM to maintain media list through 6 Maintain media lists P S public affairs officer (ongoing).

ICF to create, BLM to approve 7 Incorporate key messages S P (ongoing).

Distribute Public Participation Plan to Public Affairs 8 P S BLM to produce and distribute. Team and relevant BLM/ICF team members

ICF to produce and distribute 9 Issue newletters, updating public about RMP and EIS S P newsletters, BLM to approve.

Coordinate with media to announce public meetings via ICF to draft releases, BLM/PA to 10 P S media releases and public service announcements approve and distribute.

11 Prepare fact sheets, sign-in sheets, brochures, displays, S P ICF to prepare, BLM to approve. comment sheets, welcome sign, direction signs, and other materials for public meetings.

12 Set up and facilitate meetings S P ICF to facilitate and set-up.

13 Provide media briefings, program appearances P S Ongoing, as requested and required (reporters/editorial boards, local, regional) and press kits

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Table 3-3. Roles and Responsibilities

Entity Task Description Accountable1 Details/Timeline 14 Conduct tribal consultation P S Ongoing

15 Prepare meeting report with summary of public input S P Ongoing

16 Release NOA of Draft RMP and EIS in the Federal P N/A 2010 (estimate) Register 17 Prepare Draft RMP and EIS, followed by 90-day public S P 2010 (estimate) comment period

18 Prepare public meeting presentations and materials S P 2010 (estimate)

18 Prepare comment analysis S P 2010 (estimate)

19 Release NOA of proposed RMP and Final EIS, along P N/A 2011 (estimate) with 30-day protest period, in Federal Register

20 Prepare Final RMP and EIS S P 2010-2011 (estimate)

21 Release NOA of ROD in the Federal Register P S 2011 (estimate)

22 Mail copies of RMP/ROD to parties on mailing list, S P 2011 (estimate) followed by 30-day protest period

1Primary = P; Support = S NOA Notice of Availability BLM Bureau of Land Management PA Public Affairs EIS Environmental Impact Statement RMP Resource Management Plan ICF ICF International ROD Record of Decision N/A Not Applicable

3.2 Tools Generally, methods used to accomplish information and involvement objectives will include (1) mailing lists, planning bulletins or notices; (2) project website; (3) public access to the agencies; (4) proactive media relations through media releases and PSAs; (5) public meetings; and (6) grass-roots relationship building, including BLM’s direct informational exchanges with specific user-groups. This effort will emphasize two-way communication by providing timely information from BLM to the public while the public’s concerns are communicated back to BLM. 3.2.1 Mailing List The mailing list includes affected federal, state, and local elected and appointed officials; regulators; agencies; tribal officials; stakeholders; civic and business leaders; and interested private citizens. The BLM mailing list will be updated based upon public interest identified at public meetings or in response to newsletters. At key points throughout the planning process, printed information materials will also be

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distributed to those who request information. The mailing list is maintained by the contractor. BLM’s initial mailing list for the RMP and EIS project is contained in Appendix A.

3.2.1.1 Wyoming State Legislature The State delegation from Park, Washakie, Big Horn, and Hot Springs counties, will play a role in communicating the purpose, intent, and need for managing resources in the planning area as well as communicating input to BLM from their constituents. These delegates include: • Dave Freudenthal, Governor of Wyoming • State Representatives o Charles P. “Pat: Childers, District 50, Park County, Wyoming o Debbie Hammons, District 27, Washakie County, Wyoming o Elaine Harvey, District 26, Big Horn and Park Counties, Wyoming o Alan Jones, District 25, Park County, Wyoming o Lorraine Quarberg, District 28, South Big Horn, Hot Springs, and SE Park Counties, Wyoming o Colin Simpson, District 24, Park County, Wyoming • State Senators o Henry H.R. “Hank” Coe, District 18, Park County, Wyoming o Gerald E. Geis, District 20, South Big Horn, Hot Springs, SE Park, and Washakie Counties, Wyoming o Ray Peterson, District 19, Big Horn and East Park Counties, Wyoming

3.2.1.2 Members of Congress The Wyoming Congressional delegation will play a role in communicating the purpose, intent and need for managing resources in the planning area as well as communicating input to BLM from their constituents. These representatives include: • Senator Michael Enzi • Senator John A. Barrasso • Congresswoman Barbara Cubin

3.2.2 Newsletters A newsletter, containing project updates, outreach activities, and timelines will be produced and distributed as appropriate. These newsletters will be developed for general distribution to those on the mailing list, cooperating agencies, and those attending public meetings. They will also be available on the BB RMP and EIS website. The newsletter will be a primary source for updating the public on the status of the RMP. The newsletters may include summaries of public comments received, to ensure the public sees that the Cody and Worland Field Offices are not only receiving their comments, but moving forward in the process with their comments in mind. The newsletter may also include information about the RMP process, collaboration and will be a primary means for meeting notifications. The newsletter will be both a communication and education tool for the Cody and Worland Field Offices to utilize. A newsletter schedule is provided in Table 3-4.

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Table 3-4. Newsletter Schedule Newsletter Content Distribution Timing Newsletter Pre-Scoping - Announces the scoping meetings and October 2008 #1 comment period (postcard). . Newsletter Post Scoping - Summarizes scoping comments and January 2009 #2 gives project updates. Newsletter NOA – Draft EIS – Announces release of the Draft EIS Spring 2010 #3 and summarizes highlights of the alternatives. Newsletter Post Public Comment Period – Summarizes public Summer 2010 #4 comments and gives project updates. Newsletter NOA – Final EIS – Announces release of the Final EIS Summer 2011 #5 and summarizes highlights of the proposed plan. Newsletter NOA – Record of Decision – Announces release of the Fall 2011 #6 Record of Decision and summarizes highlights of the approved plan. BLM Bureau of Land Management RMP Resource Management Plan TBD To Be Determined 3.2.3 Postcards A postcard will be included in the second newsletter distributed to the project mailing list. This postcard will request the recipient’s preferred level of involvement in the RMP and EIS process and preferred venue and format for receiving notifications and documents. Additionally, postcards may be utilized later in the RMP and EIS process when they are distributed to the project mailing list to provide the notice of the Draft RMP and EIS and congruent public meetings, Final RMP and EIS and Record of Decision. 3.2.4 Website/Internet As part of the RMP and EIS process, a website, http://www.blm.gov/wy/st/en/programs/Planning/rmps/bighorn.html, will be available for general use. It will be linked to the Cody and Worland Field Office websites from the Wyoming BLM main page. It will serve as a virtual repository for documents related to RMP development, including bulletins and other materials developed to support this public involvement strategy. These documents will be maintained in PDF format to ensure they are available to the widest range of users. Additional information, schedules, copies of newsletters, news releases, fact sheets, executive summaries, and answers to frequently asked questions may be included. The website will also provide the opportunity for members of the general public to add their names to the RMP and EIS mailing list and submit comments for consideration as part of the scoping and Draft RMP and EIS review process. 3.2.5 Public Access to Agencies The public will be invited to call or drop by the BLM’s offices at any time to provide input into the RMP and EIS process. BLM may also make presentations in response to invitations from local organizations. 3.2.6 Media Releases The contractor will draft media releases and PSAs. The BLM PA Officer will issue press releases and PSAs to local and regional print, television, and radio news media outlets throughout the planning process to provide background information, identify issues, and provide updates about the planning, RMP and EIS, and public participation activities.

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The BLM PA Officer will send press releases and PSAs to the list of media markets set forth in Appendix B. This list targets local and regional media (including newspaper, radio, and television media) to complement public involvement activities. The purpose of media interactions is to provide information and updates, help educate reporters on the RMP and EIS process, promote, and publicize opportunities for public participation, respond to questions, and counter misinformation, if necessary. This enables BLM to define and respond to issues, rather than having issues defined by and responded to by other organizations that may not have complete or factual information. The PA Team will be asked to help identify interest in and opportunity for editorials, opinion editorials, press releases, reporter meetings, and program appearances at each identified media outlet. These opportunities should tie in prior to project milestones, alternatives analysis, Draft RMP and EIS Notice of Availability, and completion of the Final RMP and EIS, or at various forums in which information on the RMP and EIS will be presented, such as civic group meetings, newsletters, website(s), and public meetings.

3.2.7 Public Meetings After the NOI is issued, scoping meetings will be held in Thermopolis, Worland, Greybull, Cody, Powell, and Lovell, Wyoming. The public will be invited to attend these meetings to ask questions, identify and discuss issues and provide data for the planning area. Cooperating agencies, specifically county commissions, will be very instrumental in outreach to the public. County commissioners expressed desire to hold open hearings to allow the public a forum to express opinions, ideas, and positions as well as to provide factual information.

Table 1 County Commission Public Hearings Date and Time Location

The BLM will provide field trips, open to the public, in favorable weather conditions, likely July and August. Table 2 Field Trips Date and Time Location

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The BLM will also host public education workshops to provide understanding of various management methods, terms and regulations and policies applicable to public land management. Table 3 Public Education Workshops Date and Time Location

Once the Draft RMP and EIS is issued, public meetings/hearings will be held throughout the planning area, likely in the same towns as the scoping meetings. The public will be invited to attend these meetings and will be asked to review and provide BLM with written input on the Draft RMP and EIS. Public meetings/hearings will be tentatively held from 3 p.m. to 8 p.m. during the week. The public meeting dates and locations will be established later in the RMP and EIS process. The public will be provided with an opportunity to ask questions, discuss issues, and provide input and data for the Draft RMP and EIS. A key to the success of the public involvement program is the PA Team’s ability to provide feedback to BLM on issues and concerns identified and expressed during such meetings, and from other sources, for possible inclusion in the RMP and EIS.

Table 4 Public Meetings on the Draft RMP/EIS Date and Time Location

Each night of the public meetings, the PA Team will conduct a de-brief meeting to review public input and to determine if any modification is needed for the following night’s meeting. Following the public period the contractor will provide a Scoping Report or Comment Analysis Report as appropriate. 3.2.8 Summary of Methods for Commenting As previously stated in this Plan, public involvement is an essential element to the success of the BB RMP and EIS. In order to have an inclusive revision, data and comments must be collected from cooperating agencies and members of the public. The following are methods individuals and agencies can participate in this process and comment: • Scoping meetings • Website at: http://www.blm.gov/wy/st/en/programs/Planning/rmps/bighorn.html • Mailing written comments to 101 South 23rd, PO BOX 119, Worland WY 82401

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• Email at: [email protected] • Public Meetings on the Draft RMP/EIS 4.0 PROJECT COLLABORATION This section sets forth the collaboration strategy of BLM-hosted meetings with cooperating agencies to support RMP and EIS preparations. BLM recognizes the importance of developing goals and objectives, as well as alternatives in partnership with cooperating agencies. The entities described in this section will be encouraged to contribute to and participate in the development of the RMP and EIS. As a result, Alternative development meetings will be held during the RMP and EIS process. All meetings will be open to cooperating agencies only. When possible, BLM will provide the cooperating agencies 30-days notice of these meetings and, if possible, one week time to review materials prior to each meeting. An agenda will be distributed prior to each meeting. A projector and laptop will be employed at these meetings, as needed, particularly during the RMP revision process so that live, on-screen edits can be made to the RMP during the meeting. The PA Team will also potentially provide posters/handouts of issues being worked for RMP inclusion at these meetings. Ground rules will be set at the first Goals and Objectives meeting by having the participants brainstorm possible ground rules. The PA Team facilitator will initiate this discussion by informing participants that, while brainstorming, judgments and discussion about ideas are suspended. If needed, both judgments and discussion can occur later, but brainstorming is meant to be a spontaneous, non-threatening activity. Sample ground rules are: start on time—if you cannot be on time, let someone know; stay until the end— if you cannot stay until the end, let the facilitator know ahead of time so that the meeting agenda can be prepared accordingly; speak one at a time; be respectful of other people’s points of view; use active listening—jot a note regarding the points you want to make (as opposed to rehearsing in your head) so that you can be attentive to what is being said; keep group notes and materials in a team binder; and acknowledge everyone’s contribution. Following the cooperating agency meetings, the contractor will provide meeting documentation to BLM and the cooperating agencies. 4.1 Cooperating Agencies BLM has initiated contact with numerous partners, agencies, and tribes to become cooperators in the RMP planning process. Identical to the list in section 1.0, the following agencies are invited to become cooperating agencies in RMP and EIS development: • County Commissions and Conservation Districts o Park County Commission o Big Horn County Commission o Washakie County Commission o Hot Springs County Commission o Powell Clarks Fork Conservation District o Meeteetse Conservation District o Hot Springs Conservation District o Washakie Conservation District

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o Shoshone Conservation District o South Big Horn Conservation District • Native American Tribes o «TRIBEOFFICE» o Cheyenne River Sioux o Crow o Nez Perce o Northern Arapahoe o Northern Cheyenne o Oglala Siou o Rosebud Sioux o Salish & Kootenai o «TRIBEOFFICE» • State of Wyoming o State Governor’s Office o Department of Environmental Quality o Department of Agriculture o Game and Fish Department • Federal Agencies o U.S. Environmental Protection Agency o U.S. Department of Agriculture- Forest Service . Bighorn National Forest . Shoshone National Forest These agencies are invited to participate in the RMP and EIS process. Agencies accepting cooperating agency status will commit to assisting BLM in the RMP and EIS process by participating in the process and providing expertise in support of the effort.

4.1.1 Local and Regional Governments Counties within the planning area include Park, Big Horn, Washakie, and Hot Springs counties. Public lands and occurrence of minerals constitute a significant portion of land within planning area counties, and play a major role in the culture and lifestyle of residents in these communities. The long-term management of public lands is a component of local plans; therefore, any changes in management approaches generate significant interest within those communities. These agencies (Park County, Commission, Big Horn County Commission, Washakie County Commission, Hot Springs County Commission, Powell Clarks Fork Conservation District, Meeteetse Conservation District, Hot Springs Conservation District, Washakie Conservation District, Shoshone Conservation District, and South Big Horn Conservation District) have considerable interest and management responsibilities for lands and resources near and within the planning area.

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4.1.2 State Agencies These agencies (e.g., Governor’s Office, Department of Environmental Quality, Department of Agriculture, and the Game and Fish Department) have considerable interest and management responsibilities for lands and resources near and within the planning area. 4.1.3 Non-Bureau Federal Agencies These agencies (e.g., U.S. Environmental Protection Agency, U.S. Department of Agriculture – Forest Service) have considerable interest and management responsibilities for lands near and within the planning area. 4.1.4 Native American Tribes Native American Tribes have considerable interest and management responsibilities for lands and resources near and within the planning area.

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Appendix A

Public Involvement Strategy Mailing List

APPENDIX A PUBLIC INVOLVEMENT STRATEGY MAILING LIST

A preliminary list of interested parties includes the following: • Alliance for Historic Wyoming • Biodiversity Conservation Alliance • Congresswoman Barbara Cubin • Conventional Oil and Gas operators • Landowners and grazing lessees • Local communities (Worland, Thermopolis, Greybull, Cody, Powell, and Lovell) • Natural Resources Defense Council • Northwest Wyoming Sage-Grouse Working Group • Petroleum Association of Wyoming • Powder River Basin Resource Council • Recreationists/Shooting and Fishing Sports • Senator John Barrasso • Senator Mike Enzi • Sierra Club • The Wilderness Society • Western Watersheds Project • Wyoming Outdoor Council • Wyoming State Historical Society • Wyoming Wilderness Association • Wyoming Wildlife Federation

The preliminary mailing list includes the following:

Last Name First Name Title Company/Organization Alderson George & Frances Andreen Marvin Thermopolis Weed and Pest Control District Aus Rebecca USFS - Shoshone Nat’l Forest Baker Lars Fremont County Weed & Pest District Baker Le Ann Washakie Development Association Bass Bill USFS - Bighorn Forest Supervisor Bell Laura The Nature Conservancy Bettas George Boone and Crockett Club Bower-Moore Dru Regulatory Devon Energy Production Co. L.P. Advisor Brewer Bill Commissioner Park County Commission Brown Gary Wyoming Game and Fish Budd Bob Wyoming Wildlife Trust Fund Buline Pam Senator Barrasso’s Riverton Office Bull Jeffrey Windsor Energy Byrne Bob Wildlife Management Institute Cannon Bonnie Representative Cubin’s Rock Spring’s Office

Bighorn Basin RMP Revision A-1 DRAFT Public Participation Plan

Last Name First Name Title Company/Organization Case Cale Honorable Wyoming State Senator Champion Rich Champion Spring & Brake Childers Chas P. "Pat" Honorable Wyoming State Representative Cleveland Terry Wyoming Game and Fish Coe Marty Cookler Kevin McDERMOTT WILL & EMERY LLP Corr Schroder Kathleen Bjork Lindley Little PC Corra John Director Wyoming State DEQ Cossitt Anne Crawford Gordon Crofts Joe Crofts Sheep Company Lease Cunningham Ron Cooperative Extension Davis Dennis Assistant Professor Decker Eric Big Horn Basin RC&D Diekmann Alex Trust for Public Land Emerson Cultural Center Dobos Barbara President Alliance for Historic Wyoming Eisen Hilary Greater Yellowstone Coalition Etchepare John Director WY Dept. of Agriculture Farmer Edward Mayor Town of Meeteetse Felton Jim Firnekas Fred Mayor Town of Ten Sleep Fontaine Marie Commissioner Park County Commission Foster Ric BlueRibbon Coalition French Tim Chairman Park County Commission Freudenthal Dave Honorable Governor of Wyoming Geis Gerald Honorable Wyoming State Senator Gillett Linda Planning Park County Coordinator Glanz Bill Commissioner Washakie County Commission Goggles W. Patrick Wyoming State Representative Hall Bucky Commissioner Park County Commission Hammonds Debbie Honorable Wyoming State Representative Hartman Kendall Senator Barrasso’s Sheridan Office Harvey Elaine Honorable Wyoming State Representative Harvey Ron Commissioner Washakie County Commission Herbst Lois Hiner Caleb Bureau of Land Management Hinman Thomas "Scotty" Commissioner Big Horn County Commission Hinschberger Gayle Dubois-Crowheart Conservation District Holland Dave Director Recreation, Heritage and Wilderness Resources USDA Forest Service Hurley Kevin Wyoming Game and Fish Jachowski Kathleen Guardians of the Range

Bighorn Basin RMP Revision A-2 DRAFT Public Participation Plan

Last Name First Name Title Company/Organization Jones Alan Honorable Wyoming State Representative Jones Katie Wyoming State Library Joyce John Kennamer James Earl National Wild Turkey Federation Kennett Gregory Ecosystem Research Group Kroger Dick Wyoming Wildlife Federation Lamson Susan National Rifle Association Lea George Public Lands Foundation Lee Ray Foundation for North American Wild Sheep Lenard Keith Rocky Mountain Elk Foundation Lewis Nora Marie Lococo Andrea Lococo Andrea Fund for Animals Loper Dick Wyoming State Grazing Board Lukkes Earl Lovell Weed and Pest Control District Lumley John Commissioner Hot Springs County Commission Lungren Vance Lungren Land & Cattle Co. LLC MacDonald Cindy Maclauchian Don International Association of Fish and Wildlife Agencies Malloy William H. Mayor Town of Thermopolis, WY Mangold Scott Mayor City of Powell, Wyoming Manning Frank Commissioner Hot Springs County Commission Mansur Steve Encana Oil & Gas (USA) Inc. Matthews Bruce Recreational Boating and Fishing Foundation McAninch Jay Bowhunting Preservation Alliance McClellan George McCreery Karen Senator Enzi’s Cody Office McOmie Del Wyoming State Representative Meabon Randy Marathon Oil Company Meyer Cathy Lower Wind Conservation District Mollett Arnold Ray and Vicki Montgomery Robert National Speleological Society's Great Expectations Cave Nature Preserve Morton Rev True Oil LLC Nelson Tim & Marilyn Nickoles Pam Nomsen Dave Pheasants Forever Nuttall G. Dale Parsons Bob Powell Weed and Pest Control District Parsons Rick SCI - First for Hunters Peck Robert A. Honorable Wyoming State Senator Peterson Ray Honorable Wyoming State Senator

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Last Name First Name Title Company/Organization Philp Frank Wyoming State Representative Quarberg Lorraine Honorable Wyoming State Representative Ratner Johnathan Western Watersheds Project - Wyoming Office Rauch Stan Pope and Young Club Rector Joy Anadarko Petroleum Corporation Robertson Gordon American Sportsfishing Association Root Terry USFS - Wapiti Ranger District Rose Kenneth D. Professor John Hopkins University School of Medicine Ruble Peggy Administrative Assistant Schmidlin Kent Wyoming Game and Fish Sedam Roger Mayor Town of Cody, Wyoming Shearer L.W. "Sonny" Mayor Town of Worland Shepard Edward Department of Interior Shipp Rhonda Park County Park County UW Extension Service Coordinator Simpson Colin M. Honorable Wyoming State Representative Sisk Dave Medicine Wheel/Paintrock District Skelton Bill Devon Energy Production Co. L.P. Stemler Casey Department of Interior Stemler Jodi Director Communications Congressional Sportsmen's Foundation Struder Luke St. Mary Land & Exploration Co. Sun Dennis Wyoming Livestock Roundup Svoboda Jerry EPA Swander Roy Sybert Bryan Greater Yellowstone Coalition Thiel Nancy Thomas Joe Board of Agriculture Thompson Doug Tinsley Sandy Senator Enzi’s Casper Office Valenta Jodi National Shooting Sports Foundation Valentine Stephanie Volk Michelle Representative Cubin’s Casper Office Waller Jim Big Horn County Land and Planning Washburn Eric Theodore Roosevelt Conservation Partnership Whiteman Andy City City of Cody, Wyoming Administrator Whitmer Duane & Lynn Wille Mike Worland Weed and Pest Control District PO Box 936 Winterfeld Gustav F. Winters Dalin Board of Agriculture Wolfe Mick Mayor City of Lander Wyers Terry Treasusre State ATV Club

Bighorn Basin RMP Revision A-4 DRAFT Public Participation Plan

Last Name First Name Title Company/Organization Ziemke Laura ICF International Bighorn Canyon NRA Big Horn County Sheriff’s Department Bighorn Weed and Pest Contorl District Bureau of Reclamantion, Upper Colorado Region, Regional Office Cheyenne Audubon Society City of Cody, Wyominging City of Worland, Wyoming Cody Country Chamber of Commerce Cody Country Chamber of Commerce EPA Region 8 Greybull Area Chamber of Commerce Hot Springs County Sheriff’s Department Hot Springs Police Department Hot Springs Weed and Pest Control District Lander Chamber of Commerce Lovell Town Office Manderson Town Hall Meeteetse Economic Development Alliance National Park Service, Bighorn NRA, Bighorn Canyon NRA Headquarters NPS, Yellowstone National Park PacificCorp ATTN:Righ-of-Way Services Park County/Cody Law Enforcement Center Park Weed and Pest Control District Powell Valley Chamber of Commerce Powell Valley Chamber of Commerce Riverton Chamber of Commerce Shoshone Conservation District Shoshone National Forest, Supervisor's Office South Big Horn Conservation District State of Wyoming, Office of State Lands & Investments Ten Sleep City Hall The City of Powell, Wyoming Thermopolis Chamber of Commerce Town Office USFS - Powder River District USFWS, Ecological Services Field Office Washakie County Sheriff’s Department Washakie Weed and Pest Control District Worland Police Department Worland-Ten Sleep Chamber of Commerce

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DRAFT PUBLIC PARTICIPATION PLAN BIGHORN BASINRESOURCE MANAGEMENT PLAN REVISION

Appendix B

List of Media Markets

APPENDIX B LIST OF MEDIA MARKETS Media Outlet Region

Newspapers Northern Wyoming Daily News Worland, WY Independent Record Thermopolis, WY Greybull Standard Tribune Greybull, WY Basin Republican Rustler Basin, WY Cody Enterprise Cody, WY Powell Tribune Powell, WY Lovell Chronicle Lovell, WY Billings Gazette Billings, MT Wyoming Livestock Roundup Casper, WY Associated Press Billings, MT Television KTVQ-TV Channel 2 (CBS) Billings, MT KULR-TV, Channel 8 (NBC) Billings, MT Radio KEMC Montana Public Radio KODI, KTAG Cody AM and FM KPOW, KLZY Powell AM and FM KTHE Thermopolis AM KVNO, KVOW Thermopolis AM and FM KWOR, KKLX Worland AM and FM KZMQ, KZMQ Greybull AM and FM KUWR Wyoming Public Radio

Bighorn Basin RMP Revision B-1 DRAFT Public Participation Plan United States Department of the Interior Take Pride* BUREAU OF LAND MANAGEMENT 'n^merica Wyoming State Office P.O. Box 1828 IN REPLY REFER TO: Cheyenne, Wyoming 82009-1828 1278(957) WY-2010-050 JUL 29 m

Ruff in Prevost Billings Gazette 104 Bear Creek Rd Cody, WY 82414

Dear Mr. Prevost:

This letter is being written in response to your Freedom of Information Act (FOIA) request dated May 6, 2010 and received in this office on May 11, 2010. In your letter, written on behalf of Billings Gazette, you ask for the following documentation:

Copies of files and records relating to agency policy, practice or decision-making in Wyoming regarding public attendance of Resource Management Plan meetings between U.S. Bureau of Land Management staff and cooperators.

We have searched our files and have found 22 records, 107 pages that are responsive to your request. For your convenience, we have included an index that lists the documents by date. As noted in the document index, the following documents, by number, are being withheld for the reasons cited.

We are withholding portions of the information contained in the documents indicated on the document index by the number "5DP" as exempt from release pursuant to 5 U.S.C. 552(b)(5) of the FOIA. Exemption 5 protects information that is deliberative or pre- decisional. These documents record the authors' personal interpretations and impressions of candid discussions (and sometimes the candid discussions themselves) in the process producing a final decision. The referenced recommendations and deliberations include opinions regarding RMP meeting processes and recommendations about what may need to happen for a final decision.

The referenced discussions do not record any final decisions on aspects of the RMP process and they often include information that could be misleading to an uninformed reader because of personal opinion or evolution of the preparations. Release of these materials would have an adverse effect on the Department's deliberative process by affecting the scope of the decision process, by chilling the free flow of opinion that is

necessary to develop policy, and it could confuse the public by revealing opinions that were not adopted by the agency.

The person responsible for this partial denial is the undersigned in consultation with Danielle DiMauro in the Regional Solicitor's Office. Under 43 CFR § 2.18, you have the right to appeal this partial denial of your FOIA request by writing to:

Freedom of Information Act Appeals Officer Office of Information Resources Management U.S. Department of the Interior 1849 C. Street, N.W., MS5312.MIB Washington, D.C. 20240

Your appeal must be received within 30 working days (except Saturdays, Sundays, and public legal holidays) from the date that you receive this letter. To expedite a response, your appeal should include a copy of your original request and a copy of this response, and write "Freedom of Information Act Appeal" both on the envelope and on the body of your appeal letter. In order to expedite the appellate process and insure full consideration of your appeal, your letter should also contain a brief statement of the reasons why you feel this partial denial is in error. To ensure the timely receipt of your appeal, it is recommended that you fax a copy of your notice of appeal to the FOIA Appeals Officer at (202) 208-6677.

There is no fee for responding to your request, as the cost is less than the $30 threshold established by the Department of the Interior for fee collection under the FOIA regulations at 43 CFR § 2.18(a).

If you have any questions please do not hesitate to contact Mark P. Archer, State FOIA Officer, (307)775-6180.

Sincerely,

Donald A. Simpson ri -State Director Attachments: Disposition: Withhold All = W/A FOIA WY-2010-050 Document Index Partial Release = P/R

#of Dispositi Doc# From: Doc. Addressed To: Subject Date Exemption paqes on Emails 1 Caleb Hiner Chris Carlton Closed to the public—RMP cooperators 12/8/2008 11 2 Chris Carlton Caleb Hiner Open Meetings Law state response pending. 12/17/2008 1 BLM Cooperators Meetings and the State Open Meetings Chris Carlton Ken Peacock, et al 12/18/2008 2 3 Law i 4 Ruth Welch Eddie Batson, et al White Paper for Deputy Director - Sunshine Law 3/24/2009 7 ! 5 Sarah Beckwith Mary L. Wilson Re: Open Meetings - the next version 3/24/2010 2 6 Caleb Hiner Eddie Batson Re: BB RMP Open meeting response- sent confirmation 4/20/2010 3 Misc Documents & Attachments 7 File 2 page fact sheet 2 8 File Public Participation Plan 2/1/2010 28 Wyoming State WO BLM/DOI Officials 4/14/2009 2 ! 9 Office Early Alert Open Meetings 10 File Handout for CAs 2/17/2010 1 11 File Handout for public 2/17/2010 2 12 File IM2009-027 6/23/2009 22 13 Eddie Batson Diane Orme Open Meetings on District letterhead 3/24/2009 2 Jill Shockly- Eddie Batson Open Meetings 2/16/2010 1 14 Siggins 15 File Opportunities for Participation 1 16 Mary L. Wilson Eddie Batson Email: Please use this version 2/11/2010 5 W/A 5DP 17 File Predecisional handhout 2/16/2010 3 18 File Public Input Fact Sheet for RMP Revision 3 19 File Questions and Answers 2 20 File Sunshine Act info 5 21 File White Paper 1 22 File why meetings still closed 1 Total 107

Page 1 Early Alert

Please note: This is an internal document only; it is not for external distribution.

To: WO BLM/DOI Officials

From: Wyoming State Office

Through: Division Chief, WO Public Affairs

Subject: Media queries pertaining to RMP closed meetings

What: BLM Worland Field Office received two media queries regarding closed Bighorn Basin RMP meetings between BLM and cooperating agencies.

Who: Jim Angell, Wyoming Press Association and Lee Lockhart (Publisher), Northern Wyoming Daily News

Where: Worland, WY

When: April 14, 2009

Background: The Worland and Cody Field Offices are holding RMP meetings with cooperating agencies that are not open to the public. Mr. Lockhart, who said he received queries from the public about these closed meetings, asked pointed questions about the perception that BLM and cooperating agencies are meeting secretly and that the BLM is hiding information from the public. The publisher asked why we don’t open these meetings up to the public. Later, Jim Angel called and offered that he was the one who had “gotten Lee Lockhart riled-up”. He also asked about the closed BLM–cooperating agency meetings.

The district PAO provided the following responses: • The meetings are not secret. • The formats of meetings are defined by the NEPA process. • Meetings are closed in support of the deliberative process. • The public is represented at the meetings by their elected officials. • The CAs support the format of the meetings and are confident that they are speaking for their constituents • The public has open access to their elected officials as well as to BLM outside of the meetings. • RMP comments continue to be accepted and public meetings will be held again in the future. • The meetings in their current format are very cooperative in nature and conducive to productive discussions. • As information becomes available, it is immediately posted to the BLM website for public perusal. • The Open Meetings Law is a state law and BLM is not an agency of the state.

Mr. Lockhart’s questioning was antagonistic and he plans to call the individuals who contacted him and advise them to speak with BLM further. An editorial may be printed in the Northern Wyoming Daily News as a result of the interview.

Contact: Don Simpson, State Director, 307-775-6001

In passing the National Environmental Policy Act, congress recognized the necessary involvement of the state, local and tribal governments and allowed for such to become Cooperating Agencies. NEPA also recognized that decisions should be informed and the decision making process should be open to the public. Yet NEPA distinguishes between public involvement and Cooperating Agency involvement. The Cooperating Agency relationship entitles those governments to develop and respond to information prior to public release so when it is released to the public all relevant information is provided. The Wind River/ Bighorn Basin honors the Cooperating Agency relationship and the privileges and responsibilities associated with it. Participation by Cooperating Agencies promotes efficiency, cooperation, and disclosure to the public of all relevant information in due time.

Predecisional and deliberative meetings between BLM and cooperators are still not to be open to the public; but, additional opportunities to interact with the public all through the process will be implemented - including discussion of issues and how we would reach decisions, the range of alternatives being explored based on law/policy and scoping input, and (I would encourage) an educational process to assist the preparation of good comments by the public that will help BLM (with cooperators) make the best land management decisions for uses of public lands.

Cooperating agencies have a formal role based on their jurisdiction by law or special expertise. There are certain meetings, specifically workshops between the BLM and their cooperating agencies, that provide the CAs more information, through formal agreements, than the public is provided. The meetings are held to resolve issues that are pre-decisional at this stage in the process. Cooperators have an official status, through the formal agreements, at the meetings.

We provide other opportunities for the public to be involved – the open house on the 31st, future open houses, possible public hearings, and 90 days to provide input on the draft RMP.

The concerns most commonly expressed by the public about the plan have to do with (1) where and how mining and oil and gas development should be allowed; (2) how open space will be managed; (3) which lands should have special designations with specialized management; (4) how local traditions can be retained; and (5) how local economies that rely on BLM-administered lands will be sustained.

The BLM seeks to provide a balance between consumptive and non-consumptive uses.

This new RMP will also be consistent with the BLM’s recently issued guidance on addressing sage-grouse habitat in Wyoming. How Can Cooperating Agencies Engage the Public? Workshop Conversation Examples of Public Predecisional Information Goal Topic Conversations Provide a safe MILLIES During the public scoping process, a In one alternative, management environment for number of areas were requested to be for MILLIES is to close them discussion and analyzed as multiple use lands that to leasing, make them right of out-loud posses wilderness characteristics. A way avoidance areas, and limit brainstorming to total of 51 areas were analyzed to travel to designated roads and determine if they, in fact, met the trails specific to Carter enhance positive criteria. How do you feel about this Mountain front, Sheep working type of designation and what issues or Mountain, etc. which makes up relationships. concerns do you want me to take forth 12, 654 acres throughout the in the development of the land use planning area. allocations? Definitions Oil and Gas Restrictions on oil and gas activities In one alternative, oil and gas are being considered in those areas development would be Predecisional that have been identified as having low restricted on 340,000 acres prepared in potential for resource development. through applying special advance of an What areas of the planning area would designations that would restrict this philosophy be acceptable and or apply NSO stipulations. It agency decision what areas would you have concerns if would include theses areas: __. in a particular restricted? matter Wild horses Public scoping revealed wild horse One alternative proposes to management is a concern. Some expand the McCullough Peaks Deliberative thought wild horses should be HMA 654 acres to the west, prepared to aid in removed while others thought wild into the Sage Creek allotment. the decision- horses should remain. Some thought This would reduce the making process herd areas should be expanded. What permitted use in that allotment are your feelings about wild horse by 35 AUMs. management in the Bighorn Basin? Livestock Public scoping revealed some groups One alternative proposes to Grazing want livestock grazing completely close 564,000 acres to livestock removed from BLM administered grazing and apply restrictions lands. Other comments encourage to the remaining acreage that sustaining or increasing livestock would reduce grazing permitted grazing. use by 134,000 AUMs.

Ask questions about how the public would like to see A Desk Guide to the land managed. For example: Cooperating Agency • Given the issues raised in public scoping how should BLM resolve this issue? Relationships • Taking into account the unique scenery and the wildlife values of the Absaroka provides some Mountains how do you recommend the BLM allocate resource uses in this area? insight into sharing of information with • One of the big issues brought forth during public scoping was oil and gas development. cooperating Some commenters suggested that the Beartooth Front, Absaroka Front, and Owl Creek agencies and the range be “off-limits” to oil and gas development. How do you feel about this? How public. would you be impacted? Do you have other options the BLM should consider? enne Tribe Tribal Historic Preservation Office Wapati Ranger District; Tribes; NorthernChey Region 8;USFS –ShoshoneNational Forest/ Preservation Office;Federal Agencies:USEPA, Office; StateGeological Survey;StateHistoric Gas ConservationCommission; StateEngineers RMPment; OfficeofLands & Investments;Oil Environmental Quality; Game &FishDepart Department of Agriculture; Department of Conservation District; Wyoming State Agencies: Officeofthe Governor; Conservation District;Meeteetse Washakie County servation District;HotSpringsConservation Powell-ClarksFork mission; Washakie CountyCommission;ConservationDistricts:CodyCon County Commission;HotSprings ParkCountyCom Public workshopsandmeetingsarebeingheldthroughout theprocess. http://www.blm.gov/wy/st/en/programs/Planning/rmps/bighorn.html on whichRMP planningdecisionsarebased: data the find will you where website the visit Please website. Plan Managment Revision Special seven and Designation, Areas. Special Management of Recreation areas two Environmental (ACECs), Critical of Concern Areas nine includes (WSAs), also Area Areas Study Planning The Wilderness 12 acres. million 4.2 totaling estate, and acres, mineral million 3.2 totaling juris surface, BLM’s the north- BLM-administered under of in consist Area diction County Planning the Springs within Hot Lands of Wyoming. most central and Counties, Washakie Horn, Big and of all in Park, boundaries, administrative Offices’ Field Cody and land Resource Management Plan Revision Plan Management Resource BLM works diligently to post the most current information on our Resource our on information current most the post to diligently works BLM Wor BLM the within lands includes project the for Area Planning The Cooperating Agencies forthisplanning effort include:Counties:Big Horn Big Horn Basin Basin Horn Big - - - -

- -

BLM BLM RMP and EIS Timeline

Notice of Intent Published Fall 2008 in Federal Register

Preparation of the Analysis of the Management Situation

30-day Public Scoping Period

Formulation of Alternatives Present

Preparation of the Draft RMP and EIS

NOA for the Draft RMP and EIS

90-day Public Comment Period Early 2011

Preparation of the Proposed RMP and Final EIS

NOA for the Proposed RMP and Final EIS

30-day Protest Period/ 60-day Governor’s Consistency Late 2011-Early 2012 Review

Record of Decision and Approved RMP Shading indicates steps completed Acronyms: EIS - Environmental Impact Statement NOA- Notice of Availability RMP Implementation Mid 2012 RMP- Resource Management Plan United States Department of the Interior

BUREAU OF LAND MANAGEMENT Wind River/Bighorn Basin District Office 101 South 23rd Street, P.O. Box 119 Worland, WY 82401-0119

March 24, 2009

Diane Orme Bighorn Basin/Shoshone Organizer Wyoming Wilderness Association 140 Deer Trail Ten Sleep, WY 82442

Dear Ms. Orme,

Thank you for your recent inquiry regarding the Bureau of Land Management (BLM) position on opening BLM–Cooperating Agency (CA) meetings to the public and whether or not they are subject to Wyoming Statute 16-4-401 et seq., referred to as the Open Meetings Law.

While our planning process involves substantial public outreach through the NEPA process, these meetings are not directly open to the public. This has caused some concern during recent public participation activities for both the Bighorn Basin and the Buffalo Resource Management Plans (RMP). In response to this concern, I contacted the Solicitor's Office for further guidance. I hope this clarification helps you respond to questions that you may receive from members of the public and your constituents.

The Open Meetings Law does not apply to BLM–CA meetings because BLM is not an "agency" within the meaning of the statute; we are not an authority, bureau, commission, committee, or sub-agency of the state.

Additionally, these meetings do not meet the definition of a "meeting" within the meaning of the statute. Our meetings are not called by the proper authority (state agency). If a quorum of governing members from a specific agency is present at a BLM–CA meeting, the act would still not apply because the meeting was not called by the proper authority. These are BLM-sponsored meetings, held for the purpose of obtaining input and working with our designated CAs in support of our planning effort.

Actions taken by CAs outside of the BLM–CA meetings may be subject to the law, with the exception of any stipulations of the signed Cooperating Agency Memorandum of Understanding pertaining to release of confidential or pre-decisional information. Actions such as day-to-day business of the agencies, including internal decisions regarding how they want to interact with BLM and the positions they will take on issues associated with the RMP, may fall under the statute. However, actions of the CAs at BLM-sponsored meetings for the RMP revision appear outside the scope of the Open Meetings Law.

The NEPA process provides for substantial public input during scoping as well as the draft document review phase. Although the meetings are closed in support of the deliberative process, the public is represented by, and can provide input through, their local and state elected and appointed officials.

Please let me know if you have any questions or need further guidance specific to our determination.

Sincerely,

Eddie Bateson Wind River/Bighorn Basin District Manager

Wyoming Statute 16-4-402 Definitions:

"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.

"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.

Opportunities for Participation National Environmental Policy Act (NEPA) regulation 40 CFR 1500.2(e) requires federal agencies to, “Use the NEPA process to identify and assess the reasonable alternatives to proposed actions that will avoid or minimize adverse effects of these actions upon the quality of the human environment.” As the lead federal agency, BLM will coordinate with all federal agencies affected by this project.

NEPA regulations also provide for federal agencies with jurisdiction by law or special expertise to become cooperating agencies in the NEPA process. BLM policy allows state and local governments to become cooperating agencies if they meet the jurisdiction by law or special expertise requirement of 40 CFR 1501.6. BLM will expect cooperating agencies to:

. Participate in the NEPA process to the level appropriate for their legal jurisdiction or expertise . Provide information or develop analysis when requested by the lead agency within the expertise of the Cooperating Agency . Provide staff, if available, to participate in interdisciplinary teamwork to compete the NEPA analysis . Fund their own participation . Sign a Memorandum of Understanding (MOU) with BLM that outlines expectations and responsibilities for this project

Your agency is being invited to participate on one or both of the proposed projects as a Cooperating Agency. Should you choose to participate, BLM will work directly with you to address your suggestions and concerns in the NEPA documents. We will actively exchange information with you and work toward agreement on issues throughout the NEPA process. You will be involved in interdisciplinary team discussions and preliminary document reviews; however, BLM retains final authority to decide analysis approach, data use, and decisions related to public land management. As a Cooperating Agency, you will be asked to sign a Memorandum of Understanding.

Please let us know if your agency is requesting to be a Cooperating Agency within 30 days of receipt of this letter. If your agency does not respond, the BLM will coordinate with your agency by making information available to your agency and the public. Your agency will not receive direct notification of review periods, and BLM will not specifically solicit your agency’s input about the project. If your agency chooses to submit comments, BLM will respond to them along with the general public comment response. In this instance, your agency would not need to sign a MOU.

If your agency requests to participate as a Cooperating Agency, please identify:

. Your areas of jurisdiction by law relative to approval of the proposed transmission line project . Areas of special expertise bearing on issues or effects of the proposed transmission line project . For those areas of special expertise, the exact nature of data, information, or knowledge your agency holds on issues or effects of the proposed transmission line project

Mary L To Mark Archer/WYSO/WY/BLM/DOI@BLM Wilson/WYSO/WY/BLM/DOI cc 05/19/2010 09:11 AM bcc Subject Fw: Please use this version - Cooperator Meetings Briefing Paper

----- Forwarded by Mary L Wilson/WYSO/WY/BLM/DOI on 05/19/2010 09:11 AM ----- Mary L Wilson/WYSO/WY/BLM/DOI To Eddie Bateson/WFO/WY/BLM/DOI 02/11/2010 08:27 AM cc Bud Cribley/WO/BLM/DOI@BLM, [email protected], John Ruhs/RSFO/WY/BLM/DOI@BLM, Ruth Welch/WYSO/WY/BLM/DOI@BLM, Stephanie A Connolly/CFO/WY/BLM/DOI@BLM Subject Re: Please use this version - Cooperator Meetings Briefing Paper

Updated per Eddie's suggestion

Mary L. Wilson, Director Communications Office 307.775.6015 (office) 307.214.7968 (cell)

[email protected] Eddie Bateson/WFO/WY/BLM/DOI

Eddie Bateson/WFO/WY/BLM/DOI To Mary L Wilson/WYSO/WY/BLM/DOI@BLM 02/11/2010 08:20 AM cc Bud Cribley/WO/BLM/DOI@BLM, [email protected], John Ruhs/RSFO/WY/BLM/DOI@BLM, Ruth Welch/WYSO/WY/BLM/DOI@BLM, Stephanie A Connolly/CFO/WY/BLM/DOI@BLM Subject Re: Please use this version - Cooperator Meetings Briefing Paper

(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) Internal Working Document

3 (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)

Eddie Bateson District Manager Wind River/Big Horn Basin District Worland, Wyoming 307-347-5243 (office) 307-431-8156 (cell) Internal Working Document

INFORMATION MEMORANDUM

DATE: February 10, 2010

TO: Bob Abbey, Director, BLM

FROM: Don Simpson, BLM Wyoming State Director, 307-775-6001

SUBJECT: Cooperator Meetings when formulating Resource Management Plans (RMPs) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)

1

Internal Working Document (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5) (b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)(b) (5)

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Internal Working Document

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DRAFT 2/16/2010

Sharing Information

A Desk Guide to Cooperating Agency Relationships provides some insight into sharing of information with cooperating agencies (CAs) and the public.

C.2. Sharing Information Definitions Q1: May the BLM share predecisional planning Predecisional documents with the CAs? prepared in A1: Yes. Unless constrained by other factors, such as advance of an a state public records requirement (see Q3) or the agency decision need to protect the confidentiality of proprietary or in a particular contractual information, predecisional documents matter should be freely shared with the CAs.

Deliberative If the field manager does not intend to make prepared to aid in predecisional documents publicly available, the the decision- agreement or MOU establishing the CA making process relationship should specify that such documents

will be kept confidential.

Q3: How should the BLM work with a CA whose actions are governed by a state open Workshop records (“sunshine”) requirement? Goal A3: This must be decided jointly by the field manager and the CA, and described in the Provide a safe agreement or MOU establishing the CA relationship. In the planning process, the main environment for reason to keep predecisional material from public view is to encourage candid discussion and discussion among all members of the planning team, including CA representatives. out-loud brainstorming to enhance positive How can Cooperating Agencies working relationships. Engage the Public?

Ask questions about how they would like to see the land managed. The following are examples of questions you could ask the public without releasing any predecisional information: • Given the issues raised in public scoping how should BLM resolve this issue? • Taking into account the unique scenery and the wildlife values of the Absaroka Mountains how do you recommend the BLM allocate resource uses in this area? • One of the big issues brought forth during public scoping was oil and gas development. Some commenters suggested that the Beartooth Front, Absaroka Front, and Owl Creek range be “off- limits” to oil and gas development. How do you feel about this? How would you be impacted? Do you have other options the BLM should consider? DRAFT 2/16/2010

• During the public scoping process, a number of areas were requested to be analyzed as multiple use lands that posses wilderness characteristics. A total of 51 areas were analyzed to determine if they, in fact, met the criteria. How do you feel about this type of designation and what issues or concerns do you want me to take forth in the development of the land use allocations? • Restrictions on oil and gas activities are being considered in those areas that have been identified as having low potential for resource development. In what areas of the planning area would this philosophy be acceptable and in what areas would you have concerns if restricted? • Public scoping revealed wild horse management was a concern. Some publics thought wild horses should be removed, some thought that wild horses should remain or herd areas should be expanded. What are your feelings about the BLM’s wild horse program and what changes would you like to see implemented?

Examples of Publicly Available Information Versus Predecisional Information Topic or Resource Area Publicly Available Information Predecisional Information MILLIES Recently Completed Inventory of BLM’s Alternative B Multiple Use Lands with Wilderness management for MILLIES is to Characteristics is available. BLM’s close them to leasing, make Land Use Planning Handbook them right of way avoidance describes the process. areas, limit travel to designated roads and trails. Oil and Gas RFD posted on website In Alternative B, ____ ACEC Current management- Spanish Point will be expanded and Kars is unavailable for oil and gas unavailable for oil and gas leasing. leasing. The BLM evaluates each area to determine what applicable restrictions should be imposed, including TLS, CSU, NSO or No Leasing. Wild horses Public scoping revealed wild horse BLM’s Alternative B is management was a concern. Some proposing to expand the publics thought wild horses should McCullough Peaks HMA to the be removed, some thought that wild west. horses should remain or herd areas should be expanded. Livestock Grazing Public scoping revealed some groups BLM’s Alternative B is want livestock grazing completely proposing to close 1 million removed from BLM administered acres to livestock grazing. lands. Other comments encourage sustaining or increasing livestock grazing. DRAFT 2/16/2010 A Guide to Determine Deliberative or Predecisional Information

I. Deliberative Process Information Determination:

A. Has this document already been released outside the federal government or cooperating agencies? ___Yes ___ No

If yes, to whom? ______(Note: If the answer is “Yes”, the document should be considered for release.)

B. Was the document prepared prior to the final decision on the issue? ___Yes ___No

C. Who is the author of the document? ______Where does the author work? ______Job Title? ______Is the author a federal employee? ____Yes ____ No a. If the answer is no, is the author a contractor for the federal government hired to assist in the decision? ____Yes ____No b. If the answer is still no, is the author a State or local agency cooperating to provide input for a federal decision? ____Yes ____No c. If the author is not a federal employee or contractor, what is the reason you believe that they should be considered as providing input for a federal decision? ______D. What part of the document do you believe contains recommendations about the decision in question? (Please circle those parts or otherwise describe what part of the document you believe should be withheld.) ______

E. Describe the policy/issue being debated if it is not obvious from the document itself. ______

F. Are there factual statements included in this? _____ Yes _____No a. If yes, would release of the facts disclose the thought process of the person making the recommendation? _____Yes _____ No b. c. Have these factual portions been otherwise released (such as within a final version of a draft)? _____ Yes _____No

From Wyoming FOIA Desk Reference Public Involvement in the BLM Land Use Planning Process

The Resource Management Plan (RMP) revision process is a long and complicated process, often taking 3-5 years and involving over 4,000 tasks, and can be hard to follow from start to finish. The intent of this sheet is to offer a summary of the process and opportunities for public input, and how the public contributes to the formation of a revised RMP.

Scoping: Scoping is a process to obtain public input about issues among community that are relevant to the Resource Management Plan (RMP). This is one of the first steps in the planning process. During scoping, the BLM will accept written comments from the public that identify issues people want considered during the planning process. The scoping period is usually announced in the Federal Register, an official publication that federal agencies use to publicize major actions such as an RMP revision. The BLM will often hold public meetings during the scoping period to get as much input as possible from the communities and other interested parties. After the scoping period is complete, BLM will prepare and make available to the public a Scoping Report that identifies the issues that were raised. The goal of scoping is to identify issues that BLM should consider during the development of the plan, and so this is not a comment-and-response document. Every comment BLM receives is considered, but there is not an individual response to each comment in the Scoping Report.

Alternatives Development: Once public input has been received from the scoping process, the BLM will review those comments and issues and begin to prepare a Draft RMP. The Draft RMP will consider a range of alternatives, which are developed with input from cooperating agencies. Cooperating agencies include local government, and state and other federal agencies that have agreed to participate in the planning process with the BLM. These cooperating agencies attend a series of meetings and workshops sponsored by the BLM to develop a series of alternatives for the Draft RMP. Although these meetings and workshops are not open to the public, public involvement continues during this time through the participation of the cooperating agencies. Local agencies and elected officials, such as county commissioners and conservation districts, provide direct representation of their constituents’ concerns.

Draft Plan Review: After the alternatives are developed and analyzed by BLM and the cooperating agencies, the BLM will publish a Draft RMP. This document results from the alternatives development process and identifies the range of alternatives and an analysis of the impacts for each one. The Draft RMP is put out for extensive public comment and input. BLM will provide a 90-day public comment period, and will work with the cooperating agencies to hold a series of public meetings. This is the part of the process that most people are familiar with, where members of the public can review the draft and provide written comments. These written comments may be submitted through mail, email, or submitted at the public meetings. All of the comments received during this period are addressed and documented in the Final RMP. Once the comment period is over, BLM and the cooperating agencies will meet again to respond to the public comments, and make changes to the Draft RMP based on the comments and input from the public and other agencies. The result is the Proposed Final RMP, which is provided to the BLM State Director for Wyoming, who will select the preferred alternative and make the Proposed Final RMP available to the public for a final review

Protest Period: The final public review period is a 30-day Protest Period. Public protest is different from public comment in a couple ways. No comments are accepted at this point, only protests. A protest is an objection to the State Director’s proposed RMP. During the protest period, anyone can file a protest if they meet a couple requirements. The party must have participated in the public comment process for the RMP in the past, and the issue that they protest must have been already raised in the process.

Governor’s Consistency Review: At the same time the Proposed RMP is available for Protest, it is available for a 60-day Governor’s Consistency Review. This allows the Governor’s office to provide BLM with a letter that identifies questions, concerns, or suggestions to keep the RMP consistent with the State’s plans for land use management. This review does not provide for direct public input, but in BLM’s experience the Governor’s office in Wyoming is dedicated to ensuring that the concerns of the local communities, as well as the State, are provided to BLM in the Consistency Review letter.

Once any protests and the Governor’s Consistency Review letter have been received, reviewed, and any issues addressed, the State Director signs a Record of Decision and the RMP becomes final.

Meeting guidance: Meetings with cooperating agencies are not open to the public. This is for several reasons: 1) To avoid release of pre-decisional information. One of the fundamental building blocks of a successful planning process is accurate and relevant information. Discussions and meetings of the cooperating agencies and the BLM frequently involve multiple issues, and sometimes- difficult challenges. These discussions get resolved into the alternatives, which are then put out for public review. With the great amount of discussion, and the sometimes-controversial topics that are discussed, it would be easy for misinformation to get out. Then, in addition to providing the correct information, the cooperating agencies and BLM would have to correct the false information. This could result in confusion for many members of the public, and make it harder for them to effectively comment on the draft document. It would therefore take away from the purpose of the planning process – which is to develop a comprehensive guide for BLM’s stewardship of public land over the next 15-20 years based on input from the public and the cooperating agencies. 2) To avoid release of for official use only, or otherwise restricted information. Examples of this include locations of threatened/endangered species, archaeological sites, paleontological sites, or sites of specific importance to Native Americans. This information is protected from public disclosure in order to prevent damage to these resources. 3) Local government representatives that have agreed to be cooperating agencies in the planning process are a part of these meetings. These are locally-elected representatives that provide the input of their constituents. It has been BLM’s experience that the local representatives in the Bighorn Basin are very dedicated to accurately voicing the concerns and wishes of their constituency. 4) To foster uninhibited discussion and deliberation. Some members of agencies; federal, state, and local, may feel intimidated or uncomfortable expressing their opinion in front of members of the public or the press. But their thoughts and suggestions can have great value in the planning process, and help develop a better alternative, or an effective solution to a problem. By restricting these meetings to the cooperating agencies, it provides an environment where people may speak more candidly, and offer a valuable criticism or suggestion where they might otherwise have kept silent. 5) There have been several concerns raised that BLM is in violation of the WY Sunshine Law that requires all meetings be open to the public. To clarify, the WY Sunshine Law, formally known as WY Statute 16-4-401 et. Seq., requires that meetings of the governing body of an agency of the State of Wyoming be open to the public. This law does not apply to BLM meetings because BLM is not an agency of the state of Wyoming. Additionally, even if a quorum of the governing body of the agency is present at the cooperating agency meetings, there is no requirement that the meetings be open to the public because the cooperating agency meetings are not meetings under the definition of the statute. The meetings were called by BLM, to conduct BLM business that the state agency is participating in, and were not called by the state agency for state agency business.

Questions and Answers: The Sunshine Law and BLM/Cooperating Agency Meetings (Please note: This is an internal document only; it is not for external distribution)

Q: Is it true that BLM Wyoming is preventing the public from participating in the RMP revision process? No, it is not true. Quite to the contrary, BLM Wyoming has an extensive program of public participation in the National Environmental Policy Act (NEPA) process for all major NEPA documents. Public participation starts at the very inception of the document, during Scoping.

Q: Why does BLM Montana allow the public in their cooperator meetings? The Montana State “Sunshine Act” provisions differ from those for the State of Wyoming.

Q: Why are these meetings closed to the public? Why can’t I come? A: • The structure of these meetings is set by the federal planning regulations at 40 CFR 1610 et seq., and the BLM cooperating agency handbook. Meetings are closed in support of the deliberative process and to foster uninhibited discussion and deliberation. Preserving the deliberative atmosphere provides an environment where agencies may speak more candidly and offer a valuable criticism or suggestion where they might otherwise have kept silent in front of members of the press or public. • Deliberative processes are not the same as decision processes. Discussions and meetings of the cooperating agencies and the BLM frequently involve multiple issues, and sometimes-difficult challenges. These discussions get resolved into the alternatives, which are then put out for public review. • These meetings are closed to the public to avoid the release of pre-decisional and incorrect information. During these brainstorming sessions, many ideas come up that are never incorporated. If the brainstorming sessions on sometimes-controversial topics are open to casual observers, it would be easy for misinformation, or half-stories, to make it into the public domain, reported as fact. This would result in confusion for members of the public, and make it harder for them to effectively comment on the draft documents. • In addition, the meetings are closed to the public to avoid the release of restricted information. Examples of this include locations of threatened/endangered species, archaeological sites, paleontological sites, or sites of specific importance to Native Americans. This information is protected by law from public disclosure in order to prevent damage to these resources. • Cloaked in the guise of openness, opening these meetings would most likely sidetrack the real work of the deliberative process, adding confusion, which would likely add significant time to the RMP revision process or lengthen the process for any other NEPA document. In addition, some cooperators indicate opening the deliberative process would signal the end of their cooperation.

Q: But the Wyoming Sunshine Law says that your meetings must be open to the public. Aren’t these meetings against the law? A: The Wyoming Sunshine Law, formally known as WY Statute 16-4-401 et. Seq., requires that meetings of the governing body of an agency of the State of Wyoming be open to the public. This law does not apply to BLM meetings because BLM is not an agency of the State of Wyoming. Although the State of Wyoming is a cooperating agency, the meetings were called by the BLM to conduct BLM business that the state agency participates in.

Q: What if I just sit in the back and listen without saying anything? A: These meetings are closed in support of the interagency deliberative process.

Q: By closing these meetings to the public, aren’t you hiding information from us? A: The BLM is not hiding information from the public. These meetings are deliberative and non- decisional in nature. As information becomes available, it is posted to the BLM website for public perusal. Before planning decisions are made, as part of the planning process, the public has several opportunities to provide input to their elected officials and to the BLM. Elected representatives from the local community represent their constituents’ concerns and issues in the deliberative process. Short of sharing draft written material, these officials are encouraged to dialogue with their constituents throughout the process.

Q: If the public can’t be there, how will our concerns be heard by the BLM? A: The public is represented at these meetings by their elected officials, like County Commissioners and State agencies, which are the BLM’s cooperating agencies. The public has open access to their elected officials as well as to BLM outside of the meetings. RMP comments continue to be accepted and public meetings will be held again in the future. The cooperating agencies support the format of the meetings and are confident that they are speaking for their constituents. It has been BLM’s experience that the local representatives are very dedicated to accurately voicing the concerns and wishes of their constituency. In addition, the public will be able to remain involved in the process during the public comment period when the draft RMP and EIS are issued.

Q: Why does Forest Service open their meetings to the public, and BLM does not? A: Forest Service planning regulations call for meetings with their cooperators to be open to the public. BLM's planning regulations, on the other hand, call for the meetings to be between BLM and cooperating agencies.

"Wyoming Press" 04/14/2009 04:11 PM

T o c c

S u b j e c t Sunshine Act info

Sarah: Here's the info from the Reporters Committee for Freedom of the Press. Thanks again for your help. -- Jim Angell http://www.rcfp.org/fogg/index.php?i=sunshine

The Government in the Sunshine Act

How the Sunshine Act works

The Sunshine Act is crucial for journalists who cover national issues. It applies to the same executive branch agencies covered by FOIA, such as the Environmental Protection Agency and the Federal Communications Commission. Since Congress does little to force agencies to comply with the Act’s requirements, journalists operate as government watchdogs to oversee enforcement of the Act. Because they rarely learn of agency meetings beforehand, they often must depend on meeting transcripts required to be kept by the agency rather than on information actually obtained at the meetings.

The open meeting requirement of the Act mandates that, except as provided in the Act’s 10 exemptions, “every portion of every meeting of an agency shall be open to public observation.”

Congress requires agencies to follow a specific procedural process to close or properly open a meeting. To comply with the Act’s openness requirement, an agency must publicly announce the time, place and subject matter of the open meeting at least one week prior to the meeting date. The agency must submit that information to the Federal Register for publication immediately following public announcement.

In practice, it is unclear what Congress meant when it required that agencies make a “public announcement”; different agencies interpret it in different ways. For example, the Federal Trade Commission posts notices at its office, records the information at a specified voice mail system that journalists and the public can call, publishes notice in the Federal Register and maintains a mailing list to notify interested persons by mail. On the other hand, the Environmental Protection Agency sends notice to the Federal Register and considers the requirement met. The Federal Register is accessible online at www.gpoaccess.gov/fr/.

To close a meeting, a majority of the agency membership must vote to do so under one of the Act’s exemptions. Within one day, the agency must publicize this vote. Next, the agency must submit to the Federal Register the time, place and subject matter of the meeting along with an indication that the meeting will be closed. The agency’s chief legal officer must also publicly certify that he thinks the meeting is closed properly under an appropriate exemption. After the meeting, the agency must retain a transcript, unless the meeting is closed under Exemptions 8, 9(a) or 10, in which case a set of detailed minutes will meet the requirement. The agency must promptly make public the portions of the transcript not exempted. If a court finds the agency improperly closed a meeting, the agency may need to release a full transcript to the public.77

If an agency is not subject to FOIA, then it is not subject to the Sunshine Act.78 The Sunshine Act does not require an agency to hold meetings for all the decisions it makes; rather, only when an agency hosts a meeting must it be open to the public.79

What is an “Agency?”

Under the statutory text, an “agency” is each authority of the United States:

headed by a collegial body composed of two or more individual members, a majority of whom are appointed to such position by the president with the advice and consent of the Senate, and any subdivision thereof authorized to act on behalf of that agency.

An agency does not include: Congress, the federal courts, governments of U.S. territories, the government of the District of Columbia, agencies composed of representatives of the parties to the disputes determined by the agencies, courts martial and military commissions, or military authority exercised in the field in times of war. In addition, the term “agency” does not include certain government-created financial committees.

Without express exclusion by Congress, a collegial body is not exempt from the Sunshine Act, even if the agency produces “statutory directives inconsistent with the Act’s public meeting requirements.”80

If a collegial body’s “sole function is to advise and assist the President,” it is not an “agency” under the Act.81 If members were not appointed by the president to serve on a board, the board cannot be an “agency.”82

Finally, subdivisions of federal agencies, such as executive boards or specific committees, are also subject to the open meeting requirement. However, the rule applies only if the subdivisions are divisions of the collegial body, not boards or committees staffed by outsiders.83

What is a “Meeting?”

The Act defines a meeting as: the deliberations of at least the number of individual agency members required to take action on behalf of the agency where such deliberations determine or result in the joint conduct or disposition of official agency business.

In addition, the Supreme Court added language to the definition of “meeting” in 1984, expanding the definition to include discussions that “effectively predetermine official actions.”84 Essentially, if enough members of an agency who could pass a vote meet to discuss issues the agency is currently investigating or likely will be investigating, the gathering qualifies as a “meeting” under the Act and can be closed only under a statutory or judicially created exemption.

A “meeting” under the Act does not include a meeting at which only the scheduling of a future meeting is discussed.85 “Notational voting” has become an end run around the Act — an agency can take a paper vote without constituting a meeting.86

How to enforce the Sunshine Act

Journalists may sue in federal court if an agency has violated either the openness or closure requirements. They can also file suit to remind federal agencies to follow the law. The statute provides any person a right to sue in federal district court. Journalists may use this provision to seek a declaration that an agency is violating the Act, to stop an offending practice within an agency or to force the agency to open meetings. Journalists can also use the federal court system to demand that an agency turn over meeting transcripts. Other discretionary relief may be available under the statute.

Legal action must be brought prior to a scheduled meeting or within 60 days after the meeting occurs.

Exemptions to opening meetings under the Sunshine Act

The Sunshine Act includes 10 exemptions or reasons that the government can refuse to open an agency meeting. Unlike the exemptions to FOIA, there has been very little interpretation of these exemptions in the courts. Most interpretation varies based on individual agency regulations and practices. Except where an agency finds that the public interest requires otherwise, agencies may close meeting portions “where the agency properly determines that such portion or portions of its meeting or the disclosure of such information is likely to:

(1) Disclose matters ordered confidential by executive order and properly classified as such on the basis of national defense or foreign policy;

(2) Relate solely to internal personnel rules and practices of the agency;

(3) Disclose matters exempted by statute, “provided that such statute (a) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (b) establishes particular criteria for withholding or refers to particular types of matters to be withheld;

(4) Disclose trade secrets;

(5) Involve criminal accusation or official censure;

(6) Constitute a “clearly unwarranted invasion of personal privacy”;

(7) Disclose investigatory records that might interfere with enforcement proceedings, deprive a person of due process, disclose a confidential source, disclose investigative procedures, or endanger the life and safety of law enforcement personnel;

(8) Disclose information regarding regulation or supervision of financial institutions;

(9) Disclose information the premature disclosure of which would (a) in the case of an agency which regulates currencies, securities, commodities, or financial institutions, be likely to lead to significant financial speculation in currencies, securities, or commodities, or significantly endanger the stability of any financial institution; or (b) in the case of any agency, be likely to significantly frustrate implementation of a proposed agency action;

(10) Specifically concern the agency’s issuance of a subpoena, the agency’s participation in a civil action, conduct relating to a proceeding of a “particular case of formal agency adjudication,” or conduct relating to an agency determination on the record after the opportunity for a hearing.”

Courts have most often clarified Exemptions 9(b) and 10. Plaintiffs in these cases have included media organizations, other agencies, private corporations and public interest groups.

Exemption 9(b)

Exemption 9(b) is similar to FOIA’s Exemption 5, which exempts internal memos and policy discussions.87 However, the FOIA exemption allows closure of “pre-decisional deliberations,” which Congress chose not to exempt from the Sunshine Act requirements.88

A 9(b) exemption under the Sunshine Act must be analyzed by reference to four concrete examples provided in the House and Senate reports. These examples are an agency: (1) considering an embargo on foreign goods; (2) discussing whether to approve a proposed merger; (3) proposing its strategy for an upcoming collective bargaining with its employees; and (4) contemplating a purchase of real property.89

Exemption 10

The most litigated exemption is Exemption 10, which prohibits disclosure of agency participation in civil litigation, conduct involving a particular case of agency adjudication, or conduct otherwise involving a determination on the record after an opportunity for a hearing. Exemption 10 “serves to facilitate the candid exchange of views between client and counsel necessary for effective participation in adversary proceedings.”90 Closure under Exemption 10 may also be proper when the closed matter is “outside of the actual hearing process,” but “clearly” concerns it.91

In addition, when the agency is required to adjudicate matters, its deliberations should be protected from disclosure under Exemption 10 as a court’s would be.92 While an agency may close a portion of a meeting under Exemption 10, the agency may not use the closed portion as an “umbrella to shield from public scrutiny all other topics.”93 White Paper—Open Meetings Law (Sunshine Law)

On March 25, 2009 Wind River/Bighorn Basin District Manager Eddie Bateson sent letters to five individuals from Wyoming organizations regarding the Open Meetings Law as it relates to BLM–Cooperating Agency meetings for the Bighorn Basin RMP.

• We created and sent this letter because these individuals asked why the BLM– Cooperating Agency meetings for the Bighorn Basin RMP were closed to the public and they wanted a response from BLM in writing. • Wyoming’s Open Meetings Law, formally known as WY Statute 16-4-401 et. Seq., requires that meetings of the governing body of an agency of the State of Wyoming be open to the public. • BLM is not included because BLM is not an agency of the state of Wyoming. Additionally, even if a quorum of the governing body of the agency is present at the cooperating agency meetings, there is no requirement that the meetings be open to the public because the cooperating agency meetings are not meetings under the definition of the statute. The meetings were called by BLM, to conduct BLM business that the state agency is participating in, and were not called by the state agency for state agency business. • The letter has been sent to the following individuals/organizations because of their interest in making BLM–Cooperating Agency meetings open to the public: 1. Kathleen Jachowski, Executive Director, Guardians of the Range 2. Dick Loper, Grazing Consultant, Wyoming State Grazing Board 3. Hillary Eisen, Public Lands Advocate, Greater Yellowstone Coalition 4. Liz Howell, Executive Director, Wyoming Wilderness Association 5. Diane Orme, Bighorn Basin/Shoshone Organizer, Wyoming Wilderness Association