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Guidance on Managing Conflict and Resolving Disputes between State and Federal Agencies During the Transportation Project Development and Environmental Review Process

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APPENDIX B
Guidance Development and Review Process

The guidance presented in this document addresses a system to resolve a class of disputes — those associated with the review of transportation projects — rather than a process for resolving one specific dispute. To assist in designing the dispute resolution system, the USIECR assembles a team of specialist in ADR, several of whom have special expertise in the design of dispute resolution systems. Members included ADR practitioners in the private sector as well as ADR specialists in the public sector. The members of the development team were:

Robert Baum
Office of Hearings & Appeals
Department of the Interior
Washington, DC

Robert M. Jones, Director
Florida Conflict Resolution Consortium
Tallahassee, FL

Larry Gadt
Department of Agriculture, U.S. Forest Service
Washington, DC

Jack Mahon
U.S. Army Corps of Engineers
Washington, DC

Doug Thompson
Office of Hearings & Appeals
Department of the Interior
Washington, DC

Louise G. Smart
Florida Conflict Resolution Consortium
Tallahassee, FL

John G. Wofford
Department of Agriculture, U.S. Forest Service
Washington, DC

Discussions with the design team on designing the dispute resolution system were held during two meetings held in Washington, D.C., and in numerous conference calls. Some team members were also involved in reviewing drafts of the guidance document.

The draft guidance was reviewed by FHWA and other Federal agency representatives, as well as state agency representatives. The draft was also posted on the FHWA website where review comments were solicited.

The final guidance represents the collective input and wisdom of the agency representatives that were interviewed (see Appendix C), agency representatives who reviewed the draft, the FHWA Office of NEPA Facilitation, the USIECR design team, and the USIECR.

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