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Project & Assessment Reports

Assessments

• A Model Agreement Approach to Resolving Conflicts Over Coalbed Methane in the Powder River Basin

  Extraction of natural gas from coal deposits (coalbed methane) has become a significant part of the U.S. energy policy. Substantial coalbed methane resources are found in the Powder River Basin of Wyoming. Here as in many other Western states, owners of the mineral rights have superior rights over owners of the surface rights (a "split estate"), which has led to significant land use conflicts. As part of the U.S. Institute's Environmental Conflict Resolution Participation Program, an assessment was conducted to determine the utility of developing a model Surface Use Damage Agreement to guide negotiations between individual surface owners and coalbed methane developers. The assessment recommends a collaborative approach to develop a model SUDA.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: A Model Agreement Approach to Resolving Conflicts Over Coalbed Methane in the Powder River Basin [1013kb PDF, 85 pages].

  
  
  
• Assessing Prospects for Collaborative Planning and Public Participation for the Bruneau and Snake River Birds of Prey National Conservation Area Resource Management Plans

  The Bureau of Land Management's Lower Snake River District (BLM LSRD) is beginning two major land use planning initiatives: the Snake River Birds of Prey National Conservation Area Resource Management Plan (NCA RMP), and the Bruneau Planning Unit Resource Management Plan (Bruneau RMP). The BLM contacted the U.S. Institute to request assistance in assessing RMP-related concerns, as well as in designing and facilitating processes that reduce potential stakeholder conflicts. The assessment, conducted by J. Michael Harty and Julie McKay of CDR Associates, provides critical input for the analysis of the two RMPs. Completed in June, 2002, the assessment offers important recommendations for approaches to public participation throughout the RMP process.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Assessing Prospects for Collaborative Planning and Public Participation for the Bruneau and Snake River Birds of Prey National Conservation Area Resource Management Plans [811kb PDF, 57 pages].

  
  
  
• Assessment of Opportunities for Multi-Stakeholder Collaboration (on the Environmental Impact Statement Process for the Combined Structural and Operational Plan for Modified Water Deliveries to Everglades National Park and C-111 Canal Projects)

  This assessment of the opportunities for multi-stakeholder collaboration on the Environmental Impact Statement (EIS) process for the Combined Structural and Operational Plan (CSOP) for the Modified Water Deliveries to Everglades National Park and the C-111 Canal projects was conducted by the Institute at the request of Everglades National Park, the South Florida Water Management District, the U.S. Fish and Wildlife Service, and the U.S. Army Corps of Engineers. These four agencies adopted a Memorandum of Understanding establishing their formal commitment to work together to seek agreement on the key steps in the EIS process and to jointly sponsor a multi-stakeholder process in which they would collectively consult with and seek the involvement of other entities that may have an interest in participating in the CSOP EIS process. The assessment considers the issues of key concern to governmental and nongovernmental entities with an interest in CSOP, the goals the four sponsoring agencies have regarding a multi-stakeholder EIS process, the obstacles to successful collaboration among CSOP stakeholders, and the feasibility of pursuing a collaborative multi-stakeholder approach to developing a solution for CSOP that will have broad public support. The assessment concludes that a multi-stakeholder approach to the CSOP EIS process is possible and proposes some process design options for consideration by the sponsoring agencies and interested stakeholders.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Assessment of Opportunities for Multi-Stakeholder Collaboration (on the Environmental Impact Statement Process for the Combined Structural and Operational Plan for Modified Water Deliveries to Everglades National Park and C-111 Canal Projects) [1179kb PDF, 104 pages].

  
  
  
• Assessment of Stakeholder Interests on Grand Canyon Overflights

  The National Parks Overflights Act of 1987 (Public Law 100-91) tasked FAA and NPS to work together to substantially restore natural quiet to Grand Canyon National Park and to take necessary steps to protect public health and safety from adverse effects associated with aircraft overflights. The agencies recognized that the best means of crafting viable solutions for resolving the complexities of restoring natural quiet at Grand Canyon was through the collaborative involvement of stakeholders. Consequently, the two agencies sought the independent and impartial services and expertise of the U.S. Institute for Environmental Conflict Resolution to assist them in working through a number of obstacles that were preventing effective interagency cooperation to jointly accomplish the mandate of the Overflights Act. Prior to convening any collaborative process, the U.S. Institute often seeks to determine the feasibility of a collaborative approach and assess whether there is support for the process among key stakeholders and interested parties. To this end the U.S. Institute contracted with the mediation team of Lucy Moore Associates to design and carry out a stakeholder assessment process. This report presents the results of the assessment.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Assessment of Stakeholder Interests on Grand Canyon Overflights [146kb PDF, 23 pages].

  
  
  
• Assessment Report for a Dialogue on Impacts of Anthropogenic Noise on Marine Mammals

  To help resolve significant scientific and policy controversies surrounding the issue of acoustical impacts on marine mammals, Congress directed the Marine Mammal Commission to hold "...an international conference or series of conferences to share findings, survey acoustic threats to marine mammals, and develop means of reducing those threats while maintaining the oceans as a global highway of international commerce." To meet this directive, the Commission sought the assistance of the U.S. Institute to convene a series of policy dialogue meetings involving invited representatives of the diverse interests on this issue, including industry, environmental organizations, recreational boating organizations, academic and government scientists, the military, management agencies, and funding agencies. The first step in preparing for the policy dialogue was to conduct an assessment to determine whether there was support among stakeholders for convening the policy dialogue and to determine what would be necessary to proceed with a collaborative process. This report summarizes the findings of the assessment team, led by Suzanne Orenstein under contract to the Institute, and identifies factors that could potentially affect the policy dialogue's success or failure.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Assessment Report for a Dialogue on Impacts of Anthropogenic Noise on Marine Mammals [233kb PDF, 25 pages].

  
  
  
• Assessment Report on Prospects for Mediated Negotiation of a Lake Management Plan for Lake Coeur d'Alene (ID)

  The U.S. Institute and its contractor, Harty Conflict Consulting & Mediation, are working with the Coeur d'Alene Tribe, Idaho Department of Environmental Quality, U.S. EPA Region 10 and U.S. EPA Conflict Prevention and Resolution Center (CPRC), to assess past negotiation efforts and how future negotiations might be structured to produce an updated Lake Management Plan (LMP) for Coeur d'Alene Lake. The report and its recommendations are based on confidential interviews and discussions with individuals and institutions with an interest in the LMP, review of documents and publications and online research.

  Note: this report corrects minor typographical and grammatical errors identified in the January 2, 2007 report distributed to assessment participants. There have been no changes to the content of the report.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Assessment Report on Prospects for Mediated Negotiation of a Lake Management Plan for Lake Coeur d'Alene (ID) [228kb PDF, 40 pages].

  
  
  
• Cana Island and Cana Island Lighthouse: Situation Assessment and Recommendations

  During the past 20 years, the U.S. Coast Guard (USCG) has decided that many of its lands and facilities along the Great Lakes (including life-saving stations, lighthouses, and navigational aids) are excess to its needs, and they have been relinquished to the Bureau of Land Management (BLM) for disposition. One of these properties, the Cana Island Lighthouse in Door County, Wisconsin, has engendered disputes over the terms of the County's application for transfer and management. During the development of the management plan, local residents expressed concerns over the impacts of increased tourism to the site. The BLM, believing that a solution could be reached through collaborative means, approached the U.S. Institute to conduct a conflict assessment and, if appropriate, convene a multi-party dispute resolution process. The assessment, carried out by roster member Aimee Gourlay, of the Mediation Center for Dispute Resolution in St. Paul, MN, was completed in April, 2002. The assessment has provided a framework and procedural recommendations for ongoing mediation among the affected parties.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Cana Island and Cana Island Lighthouse: Situation Assessment and Recommendations [68kb PDF, 20 pages].

  
  
  
• Cape Hatteras National Seashore: Negotiated Rulemaking Feasibility Report

  Cape Hatteras National Seashore has over 70 miles of Atlantic Ocean front beaches and 100 miles of soundside habitats and beaches. All seashore beaches are currently open to Off Road Vehicle (ORV) use unless they are temporarily closed for 1) heavy seasonal pedestrian use in front of villages; 2) resource protection such as for breeding or nesting species; or 3) public safety concerns. ORV use may conflict with the protection of park resources including threatened/endangered species. Conversely, ORV use is a popular way for visitors to experience the park throughout the year. Although CHNS has marked ORV trails to lessen the impacts to natural resources and other park visitors, resource loss and visitor conflicts continue to be unresolved issues. Early in 2005, NPS asked the U.S. Institute for Environmental Conflict Resolution and its contractor team from the Consensus Building Institute to conduct a situation assessment to evaluate the feasibility of using a negotiated rulemaking process to develop a consensus among stakeholders on an ORV management plan and rule that would also meet NPS's legal and policy requirements. This report discusses the key findings and recommendations that came from the interviews conducted by the assessment team.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Cape Hatteras National Seashore: Negotiated Rulemaking Feasibility Report [1000kb PDF, 87 pages].

  
  
  
• Critical Habitat Assessment

  The U.S. Fish and Wildlife Service (USFWS) requested the assistance of the U.S. Institute in exploring approaches to the determination and designation of critical habitat for endangered species. The purpose of the project was to fully identify the range of positions and interests and to suggest ways to proceed with the USFWS's evolving rules on this matter. A nationwide assessment of deeply divided stakeholders led to two workshops (one in the DC area, one in Phoenix, AZ). Stakeholders representing a wide range of interests (environmental, homebuilding, property rights, Native American, etc.) were interviewed and attended the day-long workshops. A final report documenting the interview and workshop results was provided to the USFWS. This project was conducted by third party neutrals on the Institute's Roster.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Critical Habitat Assessment [91kb PDF, 26 pages].

  
  
  
• E-waste Report

  Disposing of outdated electronic equipment presents environmental and resource conservation challenges. The Congressional E-Waste Working Group requested the assistance of the U.S. Institute for Environmental Conflict Resolution in assessing whether mediated negotiations among stakeholders on approaches to managing electronic waste (e-waste) might be productive and help Congress develop national e-waste policy. In response, 16 representatives were interviewed representing key stakeholder groups: equipment manufactures and retailers, recyclers and de-manufacturers including non-profits, trade associations, environmental and health advocacy groups, and regulators. The assessment report concludes that negotiations could be productive and recommends conditions under which a mediated process should proceed.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: E-waste Report [33kb PDF, 3 pages].

  
  
  
• Feasibility Assessment Report for Collaborative Desert Tortoise Recovery Planning Process Proposed by U.S. Fish and Wildlife Service

  The U.S. Fish and Wildlife Service (FWS) listed the desert tortoise, Gopherus agassizii, as a threatened species in 1990, after determining that populations had been declining since the 1970s and that there were both continuing and increasing threats to its survival. The Endangered Species Act mandates the development of Recovery Plans, which should identify "threats" to the species, suggest actions that will reduce or eliminate these threats so the species can fully recover and be "de-listed," and recommend ways to ensure the population remains stable. FWS completed an initial Recovery Plan for the desert tortoise in 1994. FWS has now formally initiated the process of revising the 1994 Recovery Plan, based on regional recovery action plans. The U.S. Fish & Wildlife Service wanted to develop recovery action plans collaboratively with Regional Working Groups. To that end, the FWS sought the independent and impartial assistance of the U.S. Institute for Environmental Conflict Resolution and its contractor team from the Center for Collaborative Policy of California State University, Sacramento, to conduct an assessment to determine the feasibility of convening regional working groups to develop consensus-based recommendations for the revised recovery plan. This assessment provides an analysis of the assessment findings and the recommendations for going forward with a Regional Working Group approach to recovery planning.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Feasibility Assessment Report for Collaborative Desert Tortoise Recovery Planning Process Proposed by U.S. Fish and Wildlife Service [521kb PDF, 80 pages].

  
  
  
• Federal Outdoor Advertising Control Program

  In the summer of 2006, the Federal Highway Administration (FHWA) asked the Institute to conduct an assessment of its Outdoor Advertising Control (OAC) Program. This program regulates all signage and billboards along federal highways in the United States. Since the adoption of the Highway Beautification Act (HBA) in 1965, how billboards are regulated has been an increasing source of controversy among many different stakeholders. By conducting a conflict assessment, the FHWA hoped to better understand the nature and complexity of the conflicts that have developed in connection with the OAC program, and what paths toward resolution were available.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Federal Outdoor Advertising Control Program [431kb PDF, 51 pages].

  
  
  
• Florence-Eugene Highway Project (West Eugene Parkway [WEP])

  This conflict assessment addressed the controversy surrounding the proposed West Eugene Parkway, the preferred alternative to the West 11th Street-Garfield Street, Florence-Eugene Highway Project, which has been under consideration for over two decades. The project was in the final stages of environmental review under the National Environmental Policy Act (NEPA), with the Oregon Department of Transportation (ODOT) as the lead state agency and the Federal Highway Administration (FHWA) as the lead federal agency.

  The U.S. Institute contracted with a neutral facilitation team (John Huyler and Dennis Donald from the Osprey Group) to conduct a conflict assessment that involved interviews and public meetings in the city of Eugene. These interviews and meetings involved an array of stakeholders in both the public and private sectors, and focused on the major substantive issues in conflict, how the situation evolved the way it has, and what it will take to move forward. The assessment report discusses the facilitators' findings and recommendations.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Florence-Eugene Highway Project (West Eugene Parkway [WEP]) [107kb PDF, 20 pages].

  
  
  
• Lake Tahoe Basin Stakeholder Collaborative Process Feasibility Assessment Report

  In spring 2003, the U.S. Army Corps of Engineers sought the assistance of the U.S. Institute to provide neutral services related to a bi-state Lake Tahoe Basin Stakeholder Collaboration effort focused on building consensus regarding complex, multi-agency environmental improvement and resource management projects. The U.S. Institute's contractor, the Center for Collaborative Policy (CCP) of California State University, Sacramento, performed this assessment to determine the feasibility of convening a collaborative process. This report summarizes the recommendations that emanated from CCP's interviews with agency and non-agency stakeholders.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Lake Tahoe Basin Stakeholder Collaborative Process Feasibility Assessment Report [265kb PDF, 62 pages].

  
  
  
• National Assessment of Travel Management Planning

  The USDA Forest Service is engaged in travel management planning for National Forests and Grasslands across the country, in accordance with the travel management rule. This travel management planning effort is bringing important and enduring impacts for motorized and non-motorized recreation, which in turn may influence tourism and local community economic development. The results of these planning efforts also influence conservation of natural and cultural resources in our forests.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: National Assessment of Travel Management Planning [8,000kb PDF, 97 pages].

  
  
  
• Otero Mesa Assessment Report

  In April 2002, the Bureau of Land Management's New Mexico Resource Advisory Council (RAC) contacted the U.S. Institute to conduct a professional, neutral assessment exploring the feasibility of a mediated process to develop a consensus-based preferred alternative for the management of oil and gas resources in Otero Mesa. The assessment, undertaken by Gail Bingham of RESOLVE, was conducted from late June through early August 2002. Based on interviews with key stakeholder representatives, the report concludes that "neither the initial mediation option as outlined nor a broader scoping of a mediation process are feasible at this time." The report summarizes the current barriers to undertaking mediation, and recommends several alternative process options that could be initiated to lay the foundations for dialogue and collaborative problem-solving negotiations.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Otero Mesa Assessment Report [446kb PDF, 35 pages].

  
  
  
• Proposed Negotiated Rulemaking on Dog Management in the Golden Gate National Recreation Area

  Golden Gate NRA has experienced great controversy and significant management challenges in implementing the National Park Service-wide prohibition against allowing dogs off leash in park units. In recognition of the urban recreational nature of Golden Gate and traditional off-leash dog practices on local public lands before they were transferred to the National Park Service, the Service decided to consider the possibility of allowing dogs off leash in limited appropriate areas where there were not significant risks to endangered species and other park resources. The U.S. Institute, through its contractors from the Center for Collaborative Policy of California State University, Sacramento, and CDR Associates, has completed this assessment that indicated a successful Negotiated Rulemaking process was feasible. The convening of a multi-stakeholder Negotiated Rulemaking Committee is currently underway.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Proposed Negotiated Rulemaking on Dog Management in the Golden Gate National Recreation Area [114kb PDF, 18 pages].

  
  
  
• Situation Assessment Memorandum for the Upper Klamath Basin Working Group Proposed Restoration Planning Process

  The Upper Klamath Basin straddles the border between southern Oregon and northern California. The Upper Klamath Basin Working Group (Working Group) was appointed by Senator Mark Hatfield in 1995, and later authorized by Congress through the Oregon Resource Conservation Act of 1996. The Working Group was charged with identifying solutions for addressing the natural resource issues of the Upper Klamath Basin, especially ecosystem restoration and water quality enhancement, and reducing the impacts of drought. Since the Working Group's creation in 1995, the natural resource challenges in the Upper Klamath Basin became increasingly difficult and complex. In addition, the convergence of other processes that were also addressing issues in the Basin had complicated and confused the role and mission of the Working Group. It was in this context that the U.S. Bureau of Land Management and U.S. Fish and Wildlife Service requested assistance from the U.S. Institute for Environmental Conflict Resolution and its contracted facilitation team, Jones & Stokes, to conduct a feasibility assessment to determine the potential for developing a basin-wide resource management plan. This report presents the results of the assessment.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Situation Assessment Memorandum for the Upper Klamath Basin Working Group Proposed Restoration Planning Process [1005kb PDF, 103 pages].

  
  
  
• Situation Assessment of G-to-G Consultation between Interior Alaska Tribes and U.S. Department of Defense

  In 2003, Tanana Chiefs Conference (TCC) approached the U.S. Institute to conduct a situation assessment and develop recommendations to enhance the government-to-government consultation process between the Department of Defense (DoD) and three Interior Alaska Tribes. As part of the U.S. Institute's Environmental Conflict Resolution Participation Program, the assessment served to clarify the extent to which Interior Tribes and DoD agencies were satisfied with government-to-government consultations on military impacts; what factors they believed promoted or prevented successful outcomes; and how the different perspectives, experience, resources, and objectives of the participants influenced their evaluation of G-to-G. The report recommendations focus on strengthening the G-to-G relationship through developing a programmatic approach to consultation, including a shared funding structure. Among other things, accessing the resources necessary to enhance government-to-government relations may involve utilizing federal programs in new, imaginative ways and working together in the political arena to obtain additional, sustainable funding to support G-to-G relations in Alaska.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Situation Assessment of G-to-G Consultation between Interior Alaska Tribes and U.S. Department of Defense [517kb PDF, 74 pages].

  
  
  
• St. Croix River Crossing/Stillwater Bridge Assessment Report

  This case involves a proposal to replace (or supplement) a historic lift bridge between Stillwater, MN, and Holton, WI, with a new four-lane bridge designed for higher vehicular speeds and volumes. The controversy involves issues of historic preservation, natural resource protection, traffic congestion, growth inducement, and a variety of others; and numerous state and federal agencies and private groups. The controversy has been brewing for over 15 years, and progress had been at an impasse for several months when Wisconsin with the concurrence of Minnesota asked FHWA to intervene. With financial support and encouragement from the Federal Highway Administration, the Institute initiated a conflict assessment and the report was completed in November 2001.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: St. Croix River Crossing/Stillwater Bridge Assessment Report [488kb PDF, 53 pages].

  
  
  
• Wyoming Bison and Elk Herd Management

  The U.S. Institute for Environmental Conflict Resolution, the University of Wyoming's Institute for Environment and Natural Resources (IENR), and the Meridian Institute of Dillon, Colorado conducted a situation assessment and process design to engage the public in planning for the bison and elk herd management in the upper Snake River watershed encompassing the National Elk Refuge, the Grand Teton National Park, and the Bridger-Teton National Forest. The project also involves close coordination with the Wyoming Game and Fish Department and consultation with area tribes.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Wyoming Bison and Elk Herd Management [416kb PDF, 110 pages].

  
  
  

Project Reports

• An Interagency Workshop Series: Improving Transportation Project Development and Environmental Reviews Through Collaborative Problem Solving

  To encourage effective interagency collaboration and conflict management during NEPA reviews of transportation projects, the Federal Highway Administration (FHWA) and U.S. Institute developed a series of facilitated interagency workshops for each of the 10 standard Federal regions. A total of 11 workshops, one each in nine regions and two in one region, were held between May 2003 and March 2004. Each workshop included a balanced representation of Federal transportation and environmental review and permitting agencies; state transportation, environmental, natural resources and historic preservation agencies; and affected tribes and native communities. A standard workshop format and agenda was designed with the assistance of environmental conflict resolution trainers and facilitators, and teams of two of these facilitators lead each workshop. The workshops were customized for each region by interviewing selected participants beforehand to learn about key topics, issues and concerns. Participants evaluated each workshop using standardized U.S. Institute questionnaires, and the results were used to adapt and improve the workshop format and agenda. Overall, the participants found the workshop experience to be important and worthwhile.

  To view a video of the workshops, please click on the following link:
  Interagency Collaborative Problem Solving Workshops

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: An Interagency Workshop Series: Improving Transportation Project Development and Environmental Reviews Through Collaborative Problem Solving [130kb PDF, 46 pages].

  
  
  
• Barry M. Goldwater Range: Military Training And Protection Of Endangered Species

  The 2004 National Defense Authorization Act required the establishment of a Task Force to determine and assess various means of resolving the conflict between the dual objectives at the Barry M. Goldwater Range, Arizona, of the full use of live ordnance delivery areas for military training and the protection of endangered species that are present at the Range. The Task Force was charged with submitting to Congress a report describing its assessment, determinations, and any recommendations it would propose to address the conflict. Congress also directed the Task Force to evaluate the potential relevance of the task force approach toward resolving similar conflicts at other military training and testing ranges. This is the consensus-based report that the Task Force submitted to Congress

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Barry M. Goldwater Range: Military Training And Protection Of Endangered Species [810kb PDF, 49 pages].

  
  
  
• Best Practices for Effective Public Involvement in Restricted Use Decommissioning of NRC - Licensed Facilities

  Cleanup of sites contaminated with radiation can be extremely controversial in the community where the site is located. Such controversy is exacerbated when a licensee proposes restricted use decommissioning rather than cleaning the site to meet unrestricted use guidelines. Public knowledge of the issues and involvement in decision-making is crucial for restricted use proposals, but achieving efficient and effective public involvement is often difficult. The Nuclear Regulatory Commission (NRC) acknowledges the need for public involvement in the decommissioning process and has developed relevant regulations.

  Under an interagency agreement, the U.S. Institute for Environmental Conflict Resolution prepared a "best practices" guidance document for the NRC - Best Practices for Effective Public Involvement in Restricted Use Decommissioning of NRC-Licensed Facilities. The guidance is based, in part, on information obtained from stakeholders at NRC-licensed sites who have experience with public involvement concerning radioactive contamination and long-term management of contaminated sites. The Institute has also prepared a curriculum and delivered training to licensees and regulators on the use of best practices for public involvement in general, and with particular application to the restricted use decommissioning process.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Best Practices for Effective Public Involvement in Restricted Use Decommissioning of NRC - Licensed Facilities [500kb PDF, 62 pages].

  
  
  
• CAEM Guide on Alternative Dispute Resolution for the Energy Industry

  The Center for the Advancement of Energy Markets recently convened a forum on the use of alternative dispute resolution in the energy industry. Corporate representatives, government managers and regulators, private sector lawyers, and dispute resolution practitioners collaborated in developing a practical guide for using ADR. Applications range from siting energy facilities, to settling rate case, to resolving contract disputes. Dale Keyes, Senior Program Manager at the U. S. Institute, was a member of the ADR Forum. For a copy of the Guide, visit: www.energyadrforum.com.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: CAEM Guide on Alternative Dispute Resolution for the Energy Industry [753kb PDF, 122 pages].

  
  
  
• Case Report: St. Croix River Crossing Controversy

  In the 1950s, Stillwater, MN and Houlton, WI began discussing how to improve transportation between the two towns, which are connected by an historic lift bridge over the St. Croix River, a waterway within the national Wild and Scenic River System. By 2000, the intersection of three public policy goals—enhancement of transportation services, historic preservation, and environmental protection—had produced gridlock among seven federal and six state agencies. In 2001, the Federal Highway Administration requested the assistance of the U.S. Institute, which conducted a conflict assessment to determine if a negotiated agreement would be feasible and, if so, how to proceed. Based on recommendations from the assessment [498kb PDF, 53 pages] (see St. Croix River Crossing/Stillwater Bridge Assessment Report), the parties agreed to participate in a collaborative problem-solving process. In 2002, a group of 27 agency and non-agency stakeholders began meeting to find a solution. In 2006, the stakeholder group reached an agreement to retain the lift bridge as a pedestrian and bicycle crossing, to construct a new bridge for vehicular traffic, and to implement a comprehensive mitigation package to address the natural, social, and cultural impacts of the new bridge.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Case Report: St. Croix River Crossing Controversy [250kb PDF, 14 pages].

  
  
  
• Coastal and Marine Spatial Planning: Principles for Stakeholder Engagement, December 2011

  Coastal and marine spatial planning (CMSP) is one of nine priorities of the National Ocean Policy that was promulgated in an Executive Order signed by President Obama in 2010. CMSP is a forward-thinking public policy process for integrating the management of present and future uses of the nation's oceans and coasts. In order to be both useful and comprehensive, the process for developing coastal and marine spatial plans needs to be participatory, ecosystem based, and adaptive.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Coastal and Marine Spatial Planning: Principles for Stakeholder Engagment, December 2011 [252kb PDF, 29 pages].

  
  
  
• Crisis to Consensus-Restoration Planning for the Upper Klamath Basin

  In 1996, Congress chartered the Upper Klamath Basin Working Group to develop a plan for the Upper Klamath Basin. The Working Group's focus was on enhancing ecosystem restoration, improving economic stability, and minimizing impacts associated with drought on all resources and stakeholders. Members of the Working Group were appointed by the Governor of Oregon, the Klamath Tribes and representatives from ranching, agriculture, conservation organizations and industry. This report presents the Upper Klamath Basin Working Group's recommendations for the development and implementation of a restoration plan for the Upper Klamath Basin.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Crisis to Consensus-Restoration Planning for the Upper Klamath Basin [429kb PDF, 52 pages]

  
  
  
• Final Report, Tucson Basin Shooting on Public Lands Workshops, June 2006

  The Bureau of Land Management (BLM) initially contacted the U. S. Institute to discuss developing collaborative approaches for including shooting issues within the planning process for the Ironwood Forest National Monument. However, recognizing that these issues could not be adequately addressed without taking a broader land management approach, the BLM asked the Institute to assist in bringing together all relevant agencies and affected stakeholders in developing a common vision and appropriate management guidelines within the Tucson Basin. The project was sponsored by the BLM, the USDA Forest Service, and the Arizona Game and Fish Department. Pima County Natural Resources, Parks & Recreation Department was also an active participant. The U. S. Institute contracted with a neutral facilitation team to conduct a situation assessment, which included interviews with a wide array of stakeholder representatives and several meetings of participants to discuss and refine the assessment's findings. Their assessment report, Recreational Shooting in the Tucson Basin: The Potential for Collaborative Dialogue and Action (completed in January 2004), concluded that there was widespread support for convening a public dialogue related to recreational shooting in the Tucson Basin. The Final Report on the project, including the assessment report in Appendix 1, is also located at tucsonshooting.com. This Final Report describes an outcome-oriented dialogue process and public workshops that followed. Participants in the dialogue included representatives from all affected stakeholders, as well as representatives of the Congressional delegation and the Arizona Governor's office.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Final Report, Tucson Basin Shooting on Public Lands Workshops, June 2006 [554kb PDF, 74 pages].

  
  
  
• Addendum to the Final Convening Report Negotiated Rulemaking Committee on Bureau of Indian Affairs-Funded School Facilities Construction
  
  
  
• Learning from Public Comments: Insights from the Western Oregon Plan

  The Institute is exploring ways to enhance the comment elicitation and analysis steps in the National Environmental Policy Act review process. This report, generously supported by the Bureau of Land Management, explores different approaches to comment analysis in the Draft Environmental Impact Statement comment phase.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Learning from Public Comments: Insights from the Western Oregon Plan [4013kb PDF, 115 pages].

  
  
  
• Negotiated Rulemaking Committee on Bureau of Indian Affairs-Funded School Facilities Construction - Final Convening Report

  The Office of Facilities Management under the Bureau of Indian Affairs is conducting an assessment / convening for a negotiated rulemaking mandated under the No Child Left Behind Act (Act). This rulemaking will be the final of seven sets of rules required under the Act, and deals with facility construction and management issues. The Assistant Secretary for Indian Affairs (AS-IA) and BIA are working with the U.S. Institute and third-party contractors Patrick Field, Stacie Smith and Suzanne Orenstein at the Consensus Building Institute (CBI) to provide assessment and convening services in order better to address the final rule. The CBI team conducted over 200 interviews of people with an interest in BIA-funded school facilities construction. The interviews explored the opportunities for, and barriers to, using negotiated rulemaking to develop regulations that would implement the requirements of the NCLB Act related to BIA-funded school facilities.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Negotiated Rulemaking Committee on Bureau of Indian Affairs-Funded School Facilities Construction - Final Convening Report [2864kb PDF, 77 pages].

  
  
  
• NEPA Pilot Projects Initiative

  In the fall of 2000, the U.S. Institute was asked by U.S. Senators Craig Thomas, Max Baucus, Mike Crapo, and Harry Reid to explore the use of pilot projects to learn more about how to improve the implementation of the National Environmental Policy Act (NEPA) in the context of natural resource planning and management through increased collaboration, consensus building, and appropriate dispute resolution processes.

  With the assistance of the Meridian Institute, the U.S. Institute consulted with a number of stakeholders, NEPA experts, and those with experience in collaborative processes and environmental conflict resolution. We have conducted one-on-one conversations with individuals and organizations and made presentations to several different agency representatives, published our preliminary findings in the Federal Register and solicited written feedback and held two national public workshops in Denver and Washington DC in June 2001 attended by over 100 people. Based on the input that we've received, a formal report and recommendations were prepared and sent to Senators Baucus, Crapo, Reid, and Thomas. This report is available as a pdf file at the link below. The Institute continues to work on aspects of the recommendations provided in the report.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: NEPA Pilot Projects Initiative [857kb PDF, 119 pages].

  
  
  
• Online Dialogue on Conflict/Situation Assessments Final Report (May, 2004)

  The impetus for the 2003 Online Dialogue on Conflict/Situation Assessment project evolved out of two roundtable discussions held during the 2002 Conference on Environmental Conflict Resolution, hosted by the U. S. Institute in Tucson, Arizona. One of these roundtables discussed the theory and practice of conflict/situation assessments; the other talked about the use of cutting-edge online technology to improve environmental and public policy dispute resolution and policy formulation.

  The fundamental aim of the Online Dialogue on Conflict/Situation Assessment was to simultaneously advance the field's experience and thinking in two areas: the use of online tools and the practice of conflict/situation assessment. The original concept for the project design included two phases. Phase One, which included two rounds of online dialogue, was envisioned as an initial window for experimentation, exploration and initial conversation. Phase Two would use the results of Phase One and focus on articulating and further refining "best practices" related to conflict or situation assessments, and possibly online tools as well.

  The Online Dialogue was a collaborative effort by a Project Team that consisted of Jonathan Raab and Colin Rule of the Online Public Disputes Project of Raab Associates, Ltd.; Scott McCreary, Xantha Bruso, and Margaret Schneider of CONCUR, Inc.; and Mike Eng and Larry Fisher from the U. S. Institute for Environmental Conflict Resolution. Project funders included the Hewlett Foundation, the U.S. Environmental Protection Agency and the U.S. Department of the Interior. The Project Team also worked with a Steering Committee composed of six leading practitioners and agency representatives.

  To date, only Phase One has been completed, which is the focus of this report. for attachments to the report, please click on the following links:

  • Appendix A [759kb PDF, 109 pages
  • Appendix B [77kb PDF, 2 pages]
  • Appendix C [61kb PDF, 1 page]
  • Appendix D [151kb PDF, 12 pages]
  • Appendix E [94kb PDF, 8 pages]
  • Appendix F Section 1 [189kb PDF, 13 pages]
  • Appendix F Section 2 [174kb PDF, 11 pages]
  • Appendix F Section 3 [152kb PDF, 7 pages]
  • Appendix F Section 4 [159kb PDF, 8 pages]
  • Appendix F Section 5 [176kb PDF, 11 pages]

  
  

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Online Dialogue on Conflict/Situation Assessments Final Report (May, 2004) [1120kb PDF, 69 pages].

  
  
  
• Pennsylvania Data Sharing Forum October 30th, 2007

  The U.S Institute worked with the PA Division of the Federal Highway Administration to convene a workshop on sharing natural resource data in PA. The PA resource agencies, through the PA Natural Heritage Program, collect and manage natural resource data and consult with PennDOT to avoid or mitigate environmental impacts. PennDOT wanted better access to species data for transportation planning and project development but Heritage Program agencies need to control access in order to protect sensitive species. The Data Sharing Forum focused on clarifying the data sharing needs and issues and identifying solutions that would benefit all the agencies.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Pennsylvania Data Sharing Forum October 30th, 2007 [78kb PDF, 9 pages].

  
  
  
• The Military Community Compatibility Committee (MC3)

  The Military Community Compatibility Committee (MC3), a multi-stakeholder committee, spent a year developing consensus recommendations to minimize noise and related impacts on residential neighborhoods while maintaining the long-term viability of Davis-Monthan Air Force Base in Tucson, AZ. The final report highlighting these recommendations has been forwarded to local, state and federal decision making bodies for consideration. For a copy of the final report, click on the following link: Final Report [14550kb PDF, 115 pages].

  The multi-stakeholder committee included representatives from impacted neighborhoods, local businesses, developers, DM-50, Tucson and Vail Unified School Districts, University of Arizona, the City of Tucson, Pima County, and the Southern Arizona Office of the Governor Napolitano. Also participating, in an advisory capacity, were the Congressional Offices of Kolbe and Grijalva, Senate Offices of McCain and Kyl, and Davis-Monthan Air Force Base.

  An independent neutral, selected by the parties and contracted through the U.S. Institute for Environmental Conflict Resolution of the Udall Foundation, facilitated the process. The Arizona Commerce and Economic Development Commission, the City of Tucson, Pima County, DM-50, Diamond Ventures, and the Pima Metropolitan Association jointly funded the MC3 process.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: The Military Community Compatibility Committee (MC3) [14550kb PDF, 115 pages].

  
  
  
• Upper Columbia Salmon Recovery Plan Policy Forums Final Report

  The National Marine Fisheries Service (NMFS) of the National Oceanic and Atmospheric Administration is required by the Endangered Species Act (ESA) to develop and implement comprehensive plans to recover listed salmon and steelhead. For listed species occurring in the Upper Columbia Region, which include Spring-run Chinook, Steelhead, and Bull Trout, the State of Washington assigned local recovery planning efforts to the Upper Columbia Salmon Recovery Board (UCSRB). NMFS sought the assistance of the U.S. Institute to convene for the UCSRB a series of stakeholder forums that brought together representatives of the diverse interests in the region needed to implement a viable Recovery Plan for the listed species in the Upper Columbia River Region. This report provides meeting summaries of the three policy forums, facilitated by a team from Norton-Arnold & Company under contract to the U.S. Institute, and the set of consensus recommendations developed by participants in the forums.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Upper Columbia Salmon Recovery Plan Policy Forums Final Report [272kb PDF, 58 pages].

  
  
  
• Western Oregon Collaboration Inquiry Background and Report

  Secretary of Interior Ken Salazar and senior BLM officials have expressed a strong desire to resolve issues and find a new way forward regarding the management of Oregon and California Lands Act of 1937 (O&C Act) lands. Both the BLM and Oregon Governor Kitzhaber are interested in exploring approaches to create a policy framework for a sustainable and resilient approach to the management of 2.5 million acres of O&C lands in western Oregon.

  The BLM engaged the U.S. Institute for Environmental Conflict Resolution (the U.S. Institute) as a neutral third-party to complete a collaboration inquiry activity that would gauge whether a west-wide forest management collaboration effort should be initiated. The U.S. Institute is a program of the Udall Foundation, an impartial, independent federal agency. The U.S. Institute's mission is to assist public and private parties in resolving environmental, natural resource, and public land conflicts. The U.S. Institute partnered with Oregon Consensus at Portland State University to complete the interviews and prepare a presentation of the inquiry findings. Oregon Consensus is Oregon's legislatively-created public policy conflict resolution and collaborative governance program. This effort was sponsored by the Bureau of Land Management.

  The neutrals interviewed stakeholder representatives from 34 organizations, a cross-section of some of the stakeholders interested in these issues. Interviewees represented a diverse sampling of the various stakeholders, including individuals from federal, tribal, state, county, congressional offices, conservation, fishing, labor, timber, recreation, and academia. The list of stakeholders and those interviewed were determined by BLM, Governor Kitzhaber's office, the U.S. Institute, and Oregon Consensus. Stakeholders were asked 16 questions in three general categories: lessons learned and innovative approaches going forward, designing a successful collaborative process, and land management objectives.

  The collaboration inquiry sought to ascertain whether there was support and interest in proceeding with a full collaborative process, and if so, better define the likely objectives of a broader forest management collaboration to address long-standing forest management issues in western Oregon. It also could examine what approaches or strategies are working and what may need to change to help inform future BLM land use plans.

  Provided is a copy of a PowerPoint presentation prepared by the U.S. Institute and Oregon Consensus. The presentation provides a summary of what was heard from stakeholders during the Collaborative Inquiry and an overview of recommendations for the collaborative process. This presentation serves as the only written feedback from the neutrals.

  The presentation lists those organizations represented in the interviews and a summary of their responses. In some cases, a slide may describe a range of perspectives on an issue. The responses on the slides titled, "What the neutrals heard from stakeholder interviewees," are a summary of what was said. These responses have not been endorsed by any collaboration inquiry participant or other organization involved in this process. The slides contained in the section "Collaboration Process Overview" outline what a potential collaboration process could look like in the next phase. The neutrals suggest a process that is well informed, transparent, and provides clear direction for potential next steps.

  Governor Kitzhaber used the results of the collaboration inquiry to help evaluate next steps with the Secretary of Interior and the Oregon Congressional Delegation. Their representatives have begun to discuss an approach to resolving western Oregon forest issues. Once the approach is clarified we will have more information on the elements of a potential broader collaborative.

  To download a printable version of this report in Adobe Acrobat format, please click on the following link: Western Oregon Collaboration Inquiry Background and Report [499kb PDF, 41 pages].