Federal ECR Policy
OMB and CEQ Joint Memorandum on ECR
INTRODUCTION
On November 28, 2005, Joshua Bolten, Director of the Office of Management and Budget
(OMB), and James Connaughton, Chairman of the President's Council on Environmental
Quality (CEQ) issued a policy memorandum on environmental conflict resolution (ECR).
This joint policy statement directs agencies to increase the effective use of ECR
and their institutional capacity for collaborative problem solving. It includes
a definition of ECR and sets forth "Basic Principles for Agency Engagement in Environmental
Conflict Resolution and Collaborative Problem Solving." It also includes a compilation
of mechanisms and strategies that may be used to achieve the stated policy objectives.
This policy direction developed from a request in August 2003 by Chairman Connaughton
to the U.S. Institute to work with senior staff of key federal departments and agencies
to develop basic ECR principles and recommended guidance on ECR. Over the next two
years, the U.S. Institute worked collaboratively with senior staff from the Departments
of Agriculture, Army, Commerce, Defense, Energy, Homeland Security, Interior, Justice,
Navy, Transportation, the Office of Management and Budget, the Environmental Protection
Agency, the Federal Energy Regulatory Commission, and the Council on Environmental
Quality to develop basic principles and draft guidance. In November 2005 the "Memorandum
on Environmental Conflict Resolution" was signed by Director Bolten and Chairman
Connaughton.
The memorandum requires annual reporting by departments and agencies to OMB and
CEQ on progress made each year, periodic leadership meetings, and quarterly interdepartmental
senior staff meetings to be facilitated by the U.S. Institute for Environmental
Conflict Resolution.
BACKGROUND FOR ECR POLICY MEMORANDUM
A briefing report was prepared for the June 2004 Federal Departmental Leadership
meeting on Environmental Conflict Resolution. This report, revised and updated in
May 2005, includes a compendium of cases and projects provided by multiple federal
agencies and descriptions of programs that support ECR and collaborative problem
solving. Appendices to this report provide further documentation and authorities
supporting the use of ECR.
In preparation for the development of the ECR Policy Memorandum, a federal department
survey was conducted. The findings from this survey are reported here.
In 1998, Congress created the U.S. Institute for Environmental Conflict Resolution
to assist parties in collaborative problem solving for environmental, natural resource,
or public lands issues involving the federal government. Public Law 105-106 (Feb.
11 1998), the legislation creating the U.S. Institute, can be found
here.
In 2003, Congress reauthorized the U.S. Institute by enacting the Environmental
Policy and Conflict Resolution Advancement Act of 2003 (P.L. 108-160). This legislation
can be found here.