Cooperating Agency Status Presented by Horst Greczmiel Associate Director, NEPA Oversight Council on Environmental Quality Washington, DC September 14, 2009

What is Cooperating Agency Status?  National Environmental Policy Act (NEPA): Federal agencies are required to work “in cooperation with State and local governments.” Sec. 101(a) [42 USC § 4331(a)].  Council on Environmental Quality (CEQ) regulations: implementing this NEPA mandate, state, local, and tribal entities may establish cooperating agency status when appropriate. 40 CFR §§ ,  By becoming a cooperating agency, local governments are guaranteed a “seat at the table” and increased participation in the preparation of Environmental Assessments (EAs) and Environmental Impact Statements (EISs).

How to Become a Cooperating Agency: 1. Eligibility  Jurisdiction by Law (40 C.F.R. § ): A local government must have the authority to grant permits for implementing the action  Special Expertise (40 C.F.R. § ): A local government must have more than an interest in a proposed action and must have knowledge regarding the impacts that a proposed action will have on local, regional, or state land use plans, policies, and controls

How to Become a Cooperating Agency (continued): 2. Apply (after serious consideration)  Requires resources  Comes with responsibilities  Every EIS? 3. Notification of Acceptance or Rejection 4. Sign a Memorandum of Understanding (MOU) with the Lead Agency  By signing this MOU, the local government is entering into a binding legal agreement.

Elimination of Duplication with State and Local Procedures “To better integrate environmental impact statements into State or local planning processes, statements shall discuss any inconsistency of a proposed action with any approved State or local plan and laws (whether or not federally sanctioned). Where an inconsistency exists, the statement should describe the extent to which the agency would reconcile its proposed action with the plan or law.” 40 CFR (d)

Benefits of Cooperating Agency Status:  Receive relevant information early in the analytical process  Apply available technical expertise and staff support  Establish a mechanism for addressing intergovernmental issues  Foster inter- and intra- governmental trust

Local governments get several bites of the cooperating agency apple… PROJECT EIS / EA PROGRAMMATIC EIS RESOURCE MANAGEMENT PLAN

Working with Cooperating Agencies in Large Projects  The cooperating agency role is most appropriate where governments / agencies offer broadly relevant expertise and focused environmental concerns  Identify your respective cooperating agency’s alternatives for governmental partners who may have more limited concerns (e.g., siting a few miles of linear ROW)  Follow through when a tiered approach is used

Challenges of the Cooperating Agency Status: 1. Full disclosure can be frustrating 2. Expectations are not always clearly outlined in the MOU 3. Not always a clear understanding of NEPA-FLPMA-Agencies planning requirements 4. Effectiveness- if you involve the right people from the very beginning, then you will save time and money in the end

Collaboration in NEPA Collaboration in NEPA A Handbook for NEPA Practitioners October

Collaboration in NEPA This handbook focuses on collaboration directly in the context of NEPA and more specifically on that form of collaboration that engages other governmental entities and/or a balanced set of affected and interested parties in seeking agreement at one or more stages of the NEPA process by cultivating shared vision, trust, and communication.

Collaboration in NEPA Opportunities Within the NEPA Process Proposed Action / Purpose and Need Notice of Intent Scoping Alternatives Development / Preferred Alternative Affected Environment / Environmental Consequences (Analyzing Impacts) Mitigation Draft and Final Review Record of Decision (ROD) / Finding of No Significant Impact (FONSI) Implementation / Monitoring

Collaboration in NEPA Appendices (Tools): Strategies for Preventing Conflicts Attitudes and Behaviors That Enhance Collaboration Case Studies Resources Example Memoranda of Understanding Federal Advisory Committee Act

References/Tool Box  CEQ: A Citizen’s Guide To the NEPA - Having your Voice Heard (Dec 2007,  CEQ: Collaboration in NEPA - A Handbook for NEPA Practitioners (Oct 2007,  CEQ Guidance on Cooperating Agencies (Nov 1999, Jan 2002 –  DOI-BLM: A Desk Guide to Cooperating Agency Relationships (2005, _agencies.html) NOTE: This website is under revision.

Questions?