Local natural resource policy encourages federal coordination
Seeking a greater voice in how federal lands are managed within its borders, officials in Crook County, Ore. recently approved a natural resources policy that details social and economic values.
The 56-page documents includes sections on agriculture, timber, mining, recreation and wildlife. But perhaps most importantly, it contains language about how the local government can invoke coordination with agencies like the U.S. Forest Service and Bureau of Land Management.
The Federal Land Policy and Management Act of 1976 requires the Forest Service and BLM to work with local governments — such as cities, counties or tribes — when making management decisions.
Karen Budd-Falen, a prominent land use attorney from Cheyenne, Wyo., joined Crook County Judge Seth Crawford to discuss the process of coordination Monday during the Oregon Cattlemen’s Association Midyear Event in Sunriver, Ore.
Though coordination is not specifically defined in statute, Budd-Falen said the law dictates that agencies “shall coordinate with local governments.” That could take several forms, she said, one of which is known as a “consistency review” with local land use planning.
However, Budd-Falen was quick to add that coordination does not mean counties can sidestep the National Environmental Policy Act. It does mean local interests are guaranteed a seat at the table.
“This is not a way to veto the federal government,” Budd-Falen said. “Once you fall off the edge of federal statutes, that’s where you are going to get ignored.”
Crook County, population 21,000, includes a portion of the Ochoco National Forest. Crawford said the Crook County Natural Resources Policy was devised after Oregon Wild, a Portland-based environmental group, proposed the Ochoco Mountains Natural Recreation Area, a move that he said essentially amounts to a land grab.
“Luckily, our community is pretty savvy about what it means to add regulation to public lands,” Crawford said.
By writing the plan and invoking coordination, Crawford said the county is better situated to push back against the recreation area.
Nearly 53 percent of Oregon is federal land. Baker County has also adopted a natural resource plan. More controversially, Grant County Sheriff Glenn Palmer attempted to invoke coordination by deputizing 11 residents to write a natural resources plan, though Ron Yockim, the county’s counsel, found that in doing so Palmer had overstepped his authority as sheriff.
Crawford said it took several years to write the Crook County plan, which Budd-Falen helped to review.
“We’ve been doing the same thing for 50 years, and it’s been getting worse and worse every day,” Crawford said. “Let’s try something new.”
Budd-Falen said the concept of coordination is finally starting to register after 25-30 years of work. The Trump administration is now pushing coordination, she said, and land use plans are a way of getting agencies to consider local interests.
“Part of what your local land use plan is going to do is get them to focus on your county, or your district,” she said. “It’s easier, I think, when you have the local land use plan. It’s consistent, all along.”