This appendix lists the principal mandates federal agencies have to cooperate with local governments. Federal laws are found in the United States Code: abbreviated USC. Administrative rules are found in the Code of Federal Regulations, which is abbreviated CFR.
43 USC 869 is the Recreation and Public Purposes Act, which provides for the sale or lease of federal land to local governments for specified purposes. 43 USC 869(a) requires that a local plan and zoning be in place before more than 640 acres is made available. The rules for implementation of the Recreation and Public Purposes Act are found at 43 CFR Part 2740.
43 USC 1241 permits state weed control programs to operate on federal lands.
43 USC 1712 Land Use Planning
43 USC 1713 states that state and local government are to be considered among potential purchasers of any federal land offered for sale. The corresponding regulation is found at 43 CFR 2710.0-6.
43 USC 1714(c)(7-8) requires consultation with state and local government and analysis of impact of major withdrawals on local economies. See 43 USC 1716(a) for land exchanges.
43 USC 1720 requires that local officials be notified before federal land is sold or otherwise conveyed. See also 43 USC 1721(c).
43 USC 1733 provides for contracts and cooperation with local law enforcement agencies. The corresponding regulation is found at 43 CFR 9260.0-3.
The Forest Service is given authority for practical cooperation with local government in several sections of the U.S. Code, including 16 USC 551(a) and 553.3. The corresponding regulations include 36 CFR 211.3 (cooperation in enforcement of state laws), 36 CFR 211.4 and 5 (cooperation in fire suppression) and 36 CFR 212.5 and 212.9 (cooperation in road maintenance). National forest planning is conducted pursuant to 16 USC 1604. The corresponding regulations are found at 36 CFR 219 - Planning.
219.1 includes coordination with local planning efforts as a goal of forest planning
219.5 makes coordination a responsibility of the interdisciplinary team
219.7 requires coordination with other public planning efforts
36 CFR 222.8 provides for cooperation in state weed control, estray law, etc.
36 CFR 251.9 provides for the protection of municipal watersheds.
36 CFR 254.20 provides for the acquisition of up to 640 acres for townsites, including additions to existing communities. Authority for this regulation is provided by 16 USC 478(a).
31 USC 6505-6506 provide general authority for intergovernmental cooperation by all federal agencies. 31 USC 6506(c) states: To the extent possible, all national, regional, state, and local viewpoints shall be considered in planning development programs and projects of the United States Government or assisted by the Government.
16 USC 1531(c) requires cooperation with state and local governments to resolve water resource issues related to endangered species.
16 USC 1533(b) states that decisions to list must consider state and local efforts to protect the species.
16 USC 1533(b) requires a 90-day notice to the affected state and county before listing a species. The corresponding regulations are found at 50 CFR 424.16.
42 USC 4332(c) requires that federal agencies account for the impacts of ÒÉ major Federal actions significantly affecting the human environment É .Ó
40 CFR 1500, et seq. provides the Council on Environmental QualityÕs basic rules for the implementation of the National Environmental Policy Act (NEPA). Note that many Federal agencies also have specific rules for NEPA compliance.
Next: Appendix D: Las Cienegas National Conservation Area -
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