8:30 WELCOME - Setting the Context – Beyond Notice and Comment

  • Lynn Scarlett, Deputy Secretary, U.S. Department of the Interior
  • Rick Otis, Deputy Associate Administrator, Office of Policy, Economics and Innovation, U.S. Environmental Protection Agency

9:00 INTRODUCTIONS

9:30 LOOKING BACKWARD AND FORWARD AT INTERNAL DECISION-MAKING FOR REG NEG

  • All Appropriate Inquiry Standards: Patricia Overmeyer, Office of Brownfields Cleanup and Redevelopment, U.S. EPA
  • No Child Left Behind Regulations (reg neg mandated by Congress): Edith Blackwell, Deputy Associate Solicitor, Division of Indian Affairs, U.S. DOI
  • Discussion

Goals:

  • Improve future decision-making by drawing on past experiences of internal decision-making processes to use or not use reg neg;
  • understand commitment and coordination needs when planning and conducting reg neg.

Expected Outcomes include increased understandings of:

  • Key elements of past decisions, including criteria used, to select regulations appropriate for reg neg;
  • Key steps and stages in internal decision-making process, including clarification of roles and responsibilities at each stage of internal decision-making; perceived costs and benefits of reg neg; ability of government to commit to use consensus product;
  • Difference and similarities in internal decisions for voluntary and mandatory reg negs.

10:45 BREAK

11:00 AFTER THE STAKEHOLDERS GO HOME: NEGOTIATIONS WITHIN GOVERNMENT

  • EPA’s All Appropriate Inquiry Standards: Patricia Overmeyer, Office of Brownfields Cleanup and Redevelopment, U.S. EPA
  • Off-Road Driving Regulations at Cape Cod National Seashore: Linda Canzanelli, Associate Regional Director, National Park Service
  • Off-Road Driving Regulations at Fire Island National Seashore: Barry Sullivan, Superintendent, Gateway National Recreation Area
  • Discussion

Goals:

  • Identify and discuss the required tasks and challenges of getting from consensus draft regulatory text to final rule.

Expected Outcomes include increased understandings of:

  • Key tasks required after stakeholder negotiations;
  • Internal dynamics that function as disincentives to reg neg;
  • External agency expectations and strategies for successful coordination with OMB, DOJ, SBA.

12:30 LUNCH

1:45 WHAT MAKES A NEGOTIATED RULEMAKING A SUCCESS?

  • Developing criteria for evaluating reg negs: Dr. Andy Rowe, GHK International
  • Overview of research on defining and measuring success: Dr. Laura Langbein, School of Public Affairs, American University
  • Discussion: How do we define and measure success?

Goal:

  • Identify key variables for assessing success/failure of reg negs by drawing on lessons learned from current and past evaluations.

Expected Outcomes include:

  • In depth discussion of possible parameters for defining success/failure of reg neg;
  • Increased understanding of past and current efforts to define and measure reg neg success.

3:00 BREAK

3:15 KEY ISSUES OF INTEREST INCLUDING NEXT STEPS

  • Small group discussions to develop next steps and/or address key issues of interest within and across agencies.

Goal:

  • Provide opportunities for participants to discuss key issues of interest including next steps and brainstorm action items for how to advance the appropriate and effective use of reg neg processes;
  • consider specific intra- and inter-agency activities and ideas for follow-up efforts.

Expected Outcomes include:

  • Participants identify and discuss their key issues of interest and concern related to reg neg;
  • Networking opportunity to meet participants with similar key interests and concerns, within their own and in other agencies.

4:30 REPORTS FROM SMALL GROUPS

4:45 CLOSING COMMENTS

5:00 CONCLUDE