§ 1610.3-3 - Consistency requirements.

§ 1610.3-3 Consistency requirements.

(a) Resource management plans shall be consistent with officially approved and adopted plans of other Federal agencies, State and local governments, and Indian tribes to the maximum extent the BLM finds consistent with the purposes of FLPMA and other Federal laws and regulations applicable to public lands, and the purposes, policies and programs implementing such laws and regulations.

(1) The BLM shall, to the extent practical, keep apprised of officially approved and adopted plans of other Federal agencies, State and local governments, and Indian tribes and give consideration to those plans that are germane in the development of resource management plans.

(2) The BLM is not required to address the consistency requirements of this section if the responsible official has not been notified, in writing, by Federal agencies, State and local governments, or Indian tribes of an apparent inconsistency.

(3) If a Federal agency, State and local government, or Indian tribe notifies the responsible official, in writing, of what they believe to be specific inconsistencies between the BLM draft resource management plan and their officially approved and adopted plans, the proposed resource management plan shall show how those inconsistencies were addressed and, if possible, resolved.

(4) Where the officially approved and adopted plans of State and local governments differ from each other, those of the higher authority will normally be followed.

(b) Governor's consistency review. Prior to the approval of a proposed resource management plan or plan amendment, the deciding official shall submit to the Governor of the State(s) involved, the proposed resource management plan or plan amendment and shall identify any relevant known inconsistencies with the officially approved and adopted plans of State and local governments.

(1) The Governor(s) may submit a written document to the deciding official within 60 days after receiving the proposed resource management plan or plan amendment that:

(i) Identifies inconsistencies with officially approved and adopted land use plans of State and local governments and provides recommendations to remedy the identified inconsistencies; or

(ii) Waives or reduces the 60-day period.

(2) If the Governor(s) does not respond within the 60-day period, the resource management plan or plan amendment is presumed to be consistent.

(3) If the document submitted by the Governor(s) recommends substantive changes that were not considered during the public involvement process, the BLM shall notify the public and request written comments on these changes.

(4) The deciding official shall notify the Governor(s) in writing of his or her decision regarding these recommendations and the reasons for this decision.

(i) The Governor(s) may submit a written appeal to the Director within 30 days after receiving the deciding official's decision.

(ii) The Director shall consider the Governor(s)' appeal and the consistency requirements of this section in rendering a final decision. The Director shall notify the Governor(s) in writing of his or her decision regarding the Governor's appeal. The BLM shall notify the public of this decision and make the written decision available to the public.