[okfn-tw] Fwd: Digest for us-open-government at googlegroups.com - 1 update in 1 topic

[Chen-Yi Tu]

Thanks TH

Environmental policy is indeed the key area for participation and
collaboration. We just have a fresh local example on compliance issue:

http://e-info.org.tw/node/118228



On Sun, Sep 11, 2016 at 3:38 PM, TH Schee <info at motomosa.com> wrote:

>
> FYI on seven years of experience.
>
> ---------- Forwarded message ----------
> From: <us-open-government at googlegroups.com>
> Date: Sunday, 11 September 2016
> Subject: Digest for us-open-government at googlegroups.com - 1 update in 1
> topic
> To: Digest recipients <us-open-government at googlegroups.com>
>
>
> us-open-government at googlegroups.com
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> Groups
> <https://groups.google.com/forum/?utm_source=digest&utm_medium=email/#!overview>
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>
>    - 2016 Open Government Guidance
>    <#m_5150031811555385818_m_2222151066172658462_group_thread_0> - 1
>    Update
>
> 2016 Open Government Guidance
> <http://groups.google.com/group/us-open-government/t/fee2351ad525aecf?utm_source=digest&utm_medium=email>
> Stephen Buckley <sbuckley at igc.org>: Sep 09 11:59PM -0400
>
> Hi All,
>
> I was one of those who gave a "lightning talk"
> last month at the OpenGov "consultation session"
> (see below) to advise federal agency reps
> concerning revision of their agency's OpenGov
> Plans which, according to OMB, are due by next Thursday (9/15/16).
>
> Due to the time limit (2 minutes) for each
> speaker at that event, I was not able to raise a
> final concern related to "Public
> Participation/Engagement" and, so, I will raise
> it here and now, so that an agency can make a
> final tweak to its updated OpenGov Plan.
>
> "Transparency" is to FOIA, as "Participation & Collaboration" is to ...
> NEPA.
>
> If one were to review all that's been said and
> done, over the past 7 years, towards implementing
> the President's Open Government program (more
> "Transparent, Participatory and Collaborative"),
> it would be easy to assume that it is all based,
> primarily, on one federal law: FOIA (Freedom of
> Information Act of 1966). But that is not true.
>
> When it comes to public's Participation &
> Collaboration in the decision-making of federal
> agencies, the primary federal law is NEPA
> (National Environmental Policy Act of 1969).
>
> And, just as each federal agency has its own
> "FOIA office" for responding to FOIA requests,
> for decades, each one has also had its own
> <https://ceq.doe.gov/nepa_contacts/agency_implementing_procedures.html>"NEPA
>
> office" for ensuring compliance with the
> <https://ceq.doe.gov/ceq_regulations/regulations.html>NEPA<h
> ttps://ceq.doe.gov/ceq_regulations/regulations.html>
> regulations issued by the White House under the
> <https://www.whitehouse.gov/administration/eop/ceq>President's<
> https://www.whitehouse.gov/administration/eop/ceq>
> Council on Environmental Quality (CEQ).
>
> The basic steps for "Public Involvement", as
> required of federal agencies by CEQ's
> regulations, can be found at
> <https://ceq.doe.gov/nepa/regs/ceq/1506.htm#1506.6>40
> CFR 1506.6. And, if you think that NEPA is only
> about the "environmental" impacts of federal
> projects, see CEQ's legal definition of "Effects"
> at <https://ceq.doe.gov/nepa/regs/ceq/1508.htm#1508.8>40 CFR 1508.8.
>
> Therefore, I suggest that each federal agency, in
> responding to the White House's recent
> "recommendations" on OpenGov Plans
> (<https://www.whitehouse.gov/sites/default/files/omb/memoran
> da/2016/m-16-16.pdf>OMB
> Memorandum M-16-16 of July 14, 2016), should
> address the section on "Public Participation" (on
> page 6) by providing the same sort of information
> about its NEPA office that it will be publicizing
> about its FOIA office (see page 5).
>
> That information should allow citizens to
> reasonably determine whether a federal activity
> is legally complying with FOIA and NEPA and, if
> not, then how and who to properly report cases of
> non-compliance (e.g., to OpenGov rep, NEPA
> office, CEQ, and/or Inspector-General).
>
> Background: As a U.S. government employee with HQ
> experience at the NEPA offices at five federal
> agencies, I frequently saw non-compliance with
> the "Public Involvement" legally required by
> federal regulations, with citizens under-informed
> of their legal right to "have a say" in the
> decision-making for federally-funded projects that will affect their lives.
>
> Note: This message contains my own thoughts and
> may not reflect an official position of the
> IAP2-USA or any of its members. If their is
> interest in discussing this topic further, either
> openly or confidentially, please let me know.
>
> best,
>
> Steve Buckley, #OpenGov liaison
> International Association for Public Participation, U.S. Chapter
> <http://www.iap2usa.org/>http://www.IAP2usa.org
>
> Collaboration Engineer
> Cape Cod, Mass.
> <http://www.opengovmetrics.com/>http://www.OpenGovMetrics.com
> G: 508-348-9090
>
>
> =======================================
>
> At 12:34 PM 8/22/2016, Zarek, Corinna J. EOP/OSTP wrote:
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-- 

Chen-Yi Tu  |  @crystaltu_
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