Coordination works because most federal agencies are specifically directed by Congress to work with local governments through this process before implementing policies or plans that will impact the local community. It is not a process that federal agencies can opt out of, however it is rarely enforced because most local governments are not aware of this requirement and have not received training on how to implement the process. When a local government asserts its coordination authority, federal agencies, and in many cases state agencies, must coordinate current and future planning activities with that local entity.
How Does Coordination Work?
We recommend a series of steps that a local government should take to commence the process in order to effectively initiate a productive working relationship with the agencies. Coordination is initiated through official documents such as resolutions, plans and notices to agencies. It is primarily carried out in face-to-face public meetings where the specifics of issues, impacts and solutions can be discussed openly and productively with the agency. Click Here to read more.
Authority:
Coordination is found in existing federal and state statutes and corresponding regulations. Initially, Congress defined coordination in the Federal Land Policy and Management Act or FLPMA of 1976. All other subsequent land use statutes include coordination, relying on the FLPMA definition. Many state statutes also include coordination, which mandates state agencies coordinate with local government as well.
Definition:
“Coordinate” is a word of common usage, and when interpreted by courts, the common dictionary definition is adopted. Webster’s New International Dictionary defines “coordinate” as “of equal importance, rank or degree, not subordinate.”
consistency
“Consistency” is the Key:
Coordination is actually a process defined in FLPMA as: 1) early notification of local government; 2) opportunity for meaningful local government input; 3) agency required to be apprised of any local government policy or plan; 4) agency must consider local government policy or plan when working on federal policy or plan or management action, and; 5) make all practicable effort to make the federal policy, plan or action “consistent” with the local policy or plan. “Consistency” gives coordination serious meaning and significance to local government forcing the agency to listen meaningfully to local government.
Courts Rule for Coordination:
Federal courts have affirmed the requirement of federal agencies to coordinate their plans and policies with local government (See Unitah County, and California Native Plant Society)