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Where is Coordination Defined in Federal Law?
Congress originally defined coordination in the Federal Land Management and Policy Act (FLPMA) at 43 USC 1712. This is the only federal statute where Congress specifically set forth criteria as to the duties an agency must carry out under coordination. However, even though coordination is not defined in the same detail as FLPMA, it is required in other natural resource laws and many critical reg...
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What is the Coordination Criteria?
The specific criteria the federal agencies shall perform to fulfill their coordination duty are set forth in FLPMA at 43 USC 1712: Keep apprised of state, local and tribal land use plans; Assure that consideration is given to local plans when developing a federal plan, policy or management action; Provide early notification (prior to public notice) to local government of development of any pl...
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How Have Courts Defined Coordination?
The Courts, which have been put to the task of defining the meaning of the term, have gone to the dictionary definitions. 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) In California Native Plant Society v. City ...
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Does the U.S. Department of Justice Recognize the Coordination?
In a law review article published in the “Natural Resources and Environment” Summer 1997 edition, the Principle Deputy Assistant Attorney General, Peter D. Coppelman noted the important role of local government in federal land management decisions and pointed to the specific language in FLPMA that acknowledges local government’s coordinate role. “Federal law requires that opinions of local govern...
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Are State Agencies Obligated to Coordinate?
Many states agencies are also obligated to coordinate with local government. Often this is required through state statutes, as is the case in Texas under Chapter 391 of the local government code. It is imperative that you research your state statutes to find any and all coordination language that may apply to local government. If your state statutes have the specific language, then local govern...
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Who Can Coordinate?
The federal statutes require that coordination be between the federal agency and any “local unit of government.” These normally include counties, incorporated cities, water and school districts, or any legislatively, statutorily-created government entity with local planning, taxing, enforcement, or regulatory authority whose board members are elected by the public. For local government to force ...
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Coordination FAQ