Email Updates
Sign up to stay informed about the latest happenings at Interior.


Sign up to stay informed about the latest happenings at Interior.
Email Updates
Sign up to stay informed about the latest happenings at Interior.
U.S. Department of the Interior - Office of Policy, Management and Budget
Click to toggle text size.

2004 Reg Neg Workshop Cases

Case Studies: Four Department of the Interior Reg-Negs
(Taken from a PowerPoint Presentation)

Case Study One: Bureau of Indian Affairs: No Child Left Behind

  • What's the Problem?
    • 186 BIA-funded schools to educate Indian children schools vary in all kinds of ways regulations in many areas need revision, or creation
  • What did Congress do?
    • Part of No Child Left Behind Act calls for regulations for these schools
    • DOI shall develop regs by negotiated rulemaking process to be completed for school year 2004-2005
  • What did DOI do?
    • Tribal consultations - 9-10/02
    • Convening Report public - 10/02
    • Chartered FACA Committee - 5/03
    • Charge: Negotiate regs which cover: funding formulas and procedures, student civil rights, geographic boundaries, "adequate yearly progress"
  • What did Committee do?
    • Met five times, one week each month: 6 - 10/03
    • Broke into workgroups to negotiate rules simultaneously
    • Had "heck" of a time getting the job done
    • Reached consensus on all six rules
  • Where are we now?
    • Draft Rule was published in 3/04
    • 120 day public comment period running
    • Committee will reconvene to review comments, and perhaps make changes in recommendations to Secretary
    • Rule may be final by end of 2004

Case Study Two: National Park Service: Fire Island Off-Road Driving

  • What's the Problem?
    • Fire Island National Seashore has complicated, often unenforced and out of compliance with national guidance off-road driving regulations dating from 1980s regarding driving on Fire Island National Seashore
  • What did NPS do?
    • Attend Training - 5/99
    • Other Park Super recommended Reg Neg to FI - 1999
    • Conflict Assessment public - 1/00
    • Chartered FACA Committee - 5/02
    • Charge: Negotiate new off-road driving regulations
  • What did Committee do?
    • Met five times, every two to three months -- 6/02 - 8/03
    • Broke into subcommittees to tackle different issues
    • High mistrust, lack of experience in collaboration, difficult start, Island culture make going difficult
    • Reached consensus on most but not all issues
  • Where are we now?
    • EA underway
    • NPS writing draft regulations
    • Reg-neg Committee will review rule and provide consultation on on items where consensus was achieved
    • NPS expects to issue Draft Rule in 2005
    • Final Rule expected by 2006

Case Study Three: Bureau of Indian Affairs: 638 Tribal Self-Determination

  • What did DOI/HHS do?
    • Agreed on committee composition
    • 2 representatives from BIA/HIS (48)
    • DOI (9) HHS (6)
    • Full negotiating authority to Departmental reps
    • Chartered FACA Committee - 1/95
    • Charge: Committee would determine what regulations, if any, should exist
  • What did the Committee Do?
    • Largest negotiated rulemaking at the time. Sixty-three committee members with full veto power
    • Served as test case for negotiated rulemaking on Native American issues
    • Binds both DOI and HHS to the same regulations.
    • Met often over 20 months
    • Positive relationships between the negotiators has persisted

Case Study Four: National Park Service: Cape Cod National Seashore Habitat & Driving

  • What's the Problem?
    • CCNS management was shoved from two sides over use and protection of the beach.
    • Advocates sued. Disruptive demonstrations were threatened. Piping Plovers had to be protected.
    • The conflicts intensified through the 1980s
  • What did NPS do?
    • Superintendent arranged a Conflict Assessment
    • Assessment recommended: do NOT try Reg-Neg - 1994
    • Conditions changed. 2nd Assessment: Promising Prospects
    • Chartered FACA Committee - 1995
  • What did Committee do?
    • Three sessions in four months: 9/95 - 12/95
    • Agreement built, section by section
    • Protests and surprises in normal range
    • Final consensus on all issues
  • Where are we now?
    • New regs in place six years
    • Successful implementation
    • Broad based satisfaction with outcomes and process
    • Improved working relationships
    • Plover recovery continues