Coordination Works
Using Federal Law to Restore Local Control
Key Issues
Why Property Rights Matter
What is Coordination?
Coordination is a process requiring federal agencies to resolve conflicts with states and local governments, for the purpose of achieving policy consistency. This direction is found in federal law as well as state law. It recognizes the unique web of authorities between the three levels of government and directs the federal agencies to harmonize its position with states, local governments, and tribes.
The Concept
“The concept of coordination …
is firmly rooted in the constitutional principles of our nation. States and their local governments were never intended to be displaced by federal agencies determining and restricting the uses of their land within their jurisdiction.”
– US Representative Tom Tiffany
US Representative Tom Tiffany (WI-7th)
Chairman, House Natural Resources Subcommittee on Federal Lands
Local Control in Action
Coordination requires the federal agencies to adjust their plans to reach consistency with the local plans – not the other way around.
The government-to-government process infuses federal decision-making with the institutional knowledge of local experts. It takes the handcuffs off state and local governments to help ensure federal agency actions are meaningful, productive and effective at ensuring robust local economies as well as good stewardship of our nation’s resources.
Why is Coordination Necessary?
Federal agencies and state, local and tribal governments have distinct authorities. For instance, the Federal Bureau of Land Management (BLM) is responsible for managing the multiple-uses of the federal lands under its jurisdiction. A county with BLM managed lands is responsible for protecting the health, safety and welfare of the people throughout its jurisdiction regardless of who owns the land.
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In this example, the BLM manages the uses of the federal lands, while local governments protect the rights of the people who live in, and visit the county. These two distinct governing authorities must be coordinated so that the plans and policies of both entities work together and not in conflict. Congress placed the duty on the federal agencies to incorporate the local position into the federal plans.
Where is Coordination Found in Federal Law?
There are several federal laws where this duty is required. Some have specific requirements, such as the Federal Land Policy and Management Act (FLPMA) and the National Forest Management Act (NFMA). Others contain criteria that can best be achieved through coordination, such as the National Environmental Policy Act (NEPA), and the Endangered Species Act (ESA).
Coordination Resources
FLPMA Legal Analysis
Coordination and Plan Consistency Review under FLPMA Section 202(C)(9)
By Norman D. James, Fennemore Craig, P.C., July 17, 2016
NFMA Legal Analysis
Forest Service and State, County, and Local Government Coordination Under NFMA Section 6
By Norman D. James and Ronald W. Opsahl, Fennemore Craig, P.C., September 7, 2017
Laws, Regulations and Cases
Here are key laws and regulations that require coordination
Coordination Works Guide
Get a better understanding of the process and steps needed to begin coordinating. Includes sample resolutions, plan language and other resources.
What are Federal Agencies Directed to Do?
Congress set forth specific duties the Federal agencies are to carry out to meet the coordination requirement in the Federal Land Policy and Management Act.
Agency Duties Include:
The federal processes to be coordinated.
The inventory, planning and management activities of federal plans as well as the development of rules, policies and guidelines.
The local position to be considered.
The written policies, plans and management programs of states, tribes and local governments.
How these are to be harmonized.
Keep apprised of, give consideration to, assist in resolving inconsistencies with the federal law and local plans, and meaningfully involve local governments in the development of federal plans early in the process.
Objective is to reach consistency.
Ensure that federal plans are consistent with local plans unless a federal law or the purpose of the law itself conflicts with the provisions of the local plan. Notably, the federal law is the statute, not the agency’s regulations, directives, policies or guidance documents.
Are States Required to Coordinate with Local Governments?
There are many places in state laws where state agencies are directed to coordinate with local governments. Texas has a provision in its local government code that requires all state agencies to coordinate with sub-regional planning commissions, which are formed by local governments.
Learn more about the Texas Coordination provision.
Who can Coordinate?
States, tribes and local governments such as counties, cities and special districts. Coordination is a government-to-government process that occurs in open public meetings allowing local governments to fully participate in the federal process. It is designed specifically for government entities that have planning and/or taxing authority. Stakeholders, non-profit organizations, and citizens are not able to coordinate.
What if a Federal Agency Fails to Coordinate?
Although Congress has directed Federal agencies to coordinate in several statutes, the agencies often refuse to carry this out, or find ways to work around the provision.
This is where ASL can help. We have been training local governments on how to require compliance for the past 30 years. We can teach your community how to begin the process and help you implement each step. We will even help you advocate your position in the face-to face meetings with the agencies. Please contact us if you would like to learn more.
A Texas Sized Coordination Victory
How Five Small Texas Towns Stopped the $80 Billion NAFTA Superhighway
No one could stop the Trans-Texas Corridor. It was championed by Governor Rick Perry and the Texas Department of Transportation, the largest state agency in the nation. It was internationally funded by Cintra-Zachary, a company owned by Spain. The Republican State Legislature had authorized the project.
The project would have connected Chinese owned seaports in Mexico to Canada, with a quarter of a mile wide superhighway that would blaze through the heart of America – with no more security oversight than what we have today. It would have taken half a million private land acres from Texans. The superhighway would have been a toll road leased to the Spanish company for 99 years.
It was on a fast track to approval despite the public opposition. That is until ASL helped five courageous central Texas towns require the state to coordinate the project with their local governments. They took a stand equal in spirit to the Alamo, but with a much better result. They stopped the Trans-Texas Corridor, and with it the NAFTA Superhighway.
definition
co-or-di-na-tion
“The common dictionary definition of “coordinate” shows that a person or party operating in “coordinate” fashion is operating as a party of equal importance, rank or degree, not subordinate.”
Webster’s New International Dictionary
Coordination in the News
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New Coordination Guide Released
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Subscribe to our bi-weekly online analysis about the issues affecting your property rights.
Receive our quarterly journal that provides our insights into current and emerging property rights issues.
Free with membership.
Get our action alerts so your voice will make an impact. (If you are a Member or Subscriber you are already signed up)
Issue Guides
Find the ASL issue guides here to help you with the background, talking points, and all the tools to educate your community. And it's free!
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