1 Cooperating Agency and Coordination Training Washington State Association of Counties Friday, November 22, 2013 Victoria Barr, Oregon/Washington State Office, Branch Chief, Planning, Science and Resource Information

2 The National Environmental Policy Act:  Established the environmental policy of the nation (section 101)  Provided a process to ensure policies are carried forward (section 102)  Requires consideration of the impact to the human environment  Requires an Environmental Impact Statement for major federal actions  Requires alternatives be developed & analyzed

3 The Planning Process:  Unites FLPMA & NEPA  Identifies competing resource uses  Develops & analyzes alternatives  Meets multiple use & sustained yield requirements

4 1.Development of Energy & Minerals 2.Urban Development 3.Land Tenure Adjustments 4.Climate Change 5.Rangeland Health & Vegetation Management 6.Invasive and/or Noxious Species 7.Riparian Areas/Wetlands/Watershed & Ecosystem Planning 8.Cultural, Historical & Paleontological Resources 9.Wild Horses 10.Wild & Scenic Rivers 11.Special Designations Preliminary Planning Issues May Include

Four lessons important to success 5 1.Recognize that the cooperating agency relationship is a forum for sharing information & expertise 2.Acknowledge that the cooperating agency relationship requires new ways of doing business 3.Emphasize mutual, rather than individual, gains & seek solutions that meet others’ needs as well as their own 4. Engage as early as possible in the planning process with cooperating agencies

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7 For the planning process, the BLM recognizes that:  Nowhere is the need for cooperation more critical than in the management of public land and resources.  Partnering with state, tribal, and local government, should be standard practice at the BLM before, during, and after plans are prepared.  These efforts will produce plans that:  Gain early and consistent involvement of CA partners  Incorporate local knowledge of economic, social, and environmental conditions, as well as state and local land use requirements  Avoid duplication of efforts  Enhance local credibility of the planning process  Encourage CA support for planning decisions; and  Build relationships of trust and cooperation

8  In Fact:  The BLM is required to invite eligible governmental entities to participate as CA’s when the bureau is developing an EIS  The BLM is required to consider any requests by governmental entities to participate as a CA with respect to a particular EIS  Establish uniform eligibility criteria for federal, tribal, state, and local governments: and  Ensure that throughout the development of an EIS, the BLM will collaborate with all CAs, to the fullest extent practicable.  Also:  The BLM encourages the partnership of CAs at the Environmental Assessment level to produce the same benefits as when CAs are engaged at the EIS level.

9 Highly values establishing positive working relationships with County commissioners. Encourages all counties to become Cooperating Agencies in our planning processes Recognizes the value of the information provided by our cooperators Maintains transparency through the planning process BLM Oregon/Washington:

The role is defined by:  The Council on Environmental Quality (CEQ) regulations govern for all federal agencies  The BLM’s regulations & policies supplement 10 The Role of Cooperating Agencies

11 The Role of BLM and Cooperating Agencies  As the lead agency, the BLM is expected to  use the analyses & proposals of a cooperating agency “to the maximum extent possible consistent with its responsibility”  Cooperating agencies accept obligations to  contribute staff to the EIS team  develop analyses for which they have particular expertise  fund their own participation The CEQ regulations call for early & significant involvement by cooperating agencies

 State agencies  Local governments  Tribal governments  Other Federal agencies 12 Eligibility for Cooperating Agency Status

Government entities or agencies with: 1.Jurisdiction by law; or 2.Special expertise 13 Eligibility for Cooperating Agency Status

14 40 CFR (CEQ) Defining eligibility. “ Cooperating agency” means any Federal agency other than a lead agency which has “jurisdiction by law” or “special expertise” with respect to any environmental impact….A State or local agency of similar qualifications or, when the effects are on a reservation, an Indian Tribe, may by agreement with the lead agency become a cooperating agency. 40 CFR (CEQ) Jurisdiction by law “Jurisdiction by law” means agency authority to approve, veto, or finance all or part of the proposal 40 CFR (CEQ) Special expertise. “Special expertise” means statutory responsibility, agency mission, or related program experience. Regulatory Definitions

15 Cooperating Agency Work Contributions Scoping Outreach to constituents Assemble Inventory Data & Review Analysis of Management Situation Formulate Alternatives Suggest methods for resolving constituents concerns Impact Analysis Public Comment Period- Obtain constituent feedback, summarize & describe alternatives

16 Opportunities for Engagement

17 There are currently two EIS level planning efforts in Washington on BLM administered lands.  The Spokane District Resource Management Plan  The Vantage to Pomona 500kV Transmission line

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 The RMP planning effort began in 2010  The plan will provide direction for the next two decades for approximately 445,000 acres of BLM- administered lands in Eastern Washington and the San Juan Archipelago  The demands and types of uses on the BLM administered public lands have evolved as have the resources they contain. 19

20 The Washington Department of Fish and Wildlife is a CA for the Spokane District RMP effort

 230kV transmission line proposed by Pacific Power  Proposed to be situated in south-central Washington, extending from Bonneville Power Administration Vantage substation to Pacific Power’s Pomona Heights substation located just east of Selah, WA  BLM is the lead federal agency  The Draft EIS was released for public comment on 1/4/13 and the comment period closed on 3/8/13 21

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23 For the Vantage to Pomona Heights Transmission Line, The Cooperating Agencies include:  US Department of Army  US Fish and Wildlife Service  Bonneville Power Administration  Bureau of Reclamation  Kittitas County  Yakima County  Washington State Department of Transportation  Federal Highway Administration

24 Additionally, there is a Coordinating Team. Their function is to: - Coordinate, where appropriate, the state, federal and county environmental review and siting process - Minimize and resolve conflicts - Ensure adequate integration of the most current and appropriate scientific, technical and policy information needed to evaluate the project - Track and monitor NEPA major milestones to ensure critical timelines are being met - Ensure that adequate funding and support are provided to the Interagency Interdisciplinary Team, CA’s, and BLM

25 The Coordinating Team consists of:  US Department of Army  US Fish and Wildlife Service  Bureau of Reclamation  Kittitas County  Grant County  Yakima County  Washington State Department of Transportation  Power Engineers (EIS contractor)  Pacific Power (Proponent)

26 Other opportunities? Future RMP planning efforts Various EA actions such as: Recreation Grazing Rights of Ways Or, one of the many uses that the BLM authorizes on public land through a decision making process.

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