- 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 [431 kb PDF, 51 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 [228 kb PDF, 40 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 paper in Adobe Acrobat format, please click on the following link: Cape Hatteras National Seashore: Negotiated Rulemaking Feasibility Report [1000kb PDF, 87 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 paper 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]
- 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 paper in Adobe Acrobat format, please click on the following link: Lake Tahoe Basin Stakeholder Collaborative Process Feasibility Assessment Report [265kb PDF, 62 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 paper 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 paper 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]
- 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 paper 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]
- 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 paper 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 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 paper in Adobe Acrobat format, please click on the following link: Situation Assessment of G-to-G Consultation between Interior Alaska Tribes and US Department of Defense [517kb PDF, 74 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 paper in Adobe Acrobat format, please click on the following link: E-waste Report [33kb PDF, 3 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 paper in Adobe Acrobat format, please click on the following link: Florence-Eugene Highway Project (West Eugene Parkway [WEP]) [107kb PDF, 20 pages]
- 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 paper 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]
- 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 paper in Adobe Acrobat format, please click on the following link: Otero Mesa Assessment Report [446kb PDF, 35 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 paper in Adobe Acrobat format, please click on the following link: Assessment of Opportunities for Multi-Stakeholder Collaboration [1179kb PDF, 104 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 paper 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]
- 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 paper in Adobe Acrobat format, please click on the following link: St. Croix River Crossing/Stillwater Bridge Assessment Report [488kb PDF, 53 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 paper in Adobe Acrobat format, please click on the following link: Cana Island and Cana Island Lighthouse: Situation Assessment and Recommendations [68kb PDF, 20 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 paper in Adobe Acrobat format, please click on the following link: Wyoming Bison and Elk Herd Management [416kb PDF, 110 pages]
To download a report errata in Adobe Acrobat format, please click on the following link: ERRATA [13kb PDF, 3 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 paper in Adobe Acrobat format, please click on the following link: Critical Habitat Assessment [91kb PDF, 26 pages]