1. The Role of State, Local and Tribal Governments in the Federal NEPA Process Presented by Susan E. Bromm Director, Office of Federal Activities United States Environmental Protection Agency Washington, DC September 14, 2009

2. Roles for All Non-Federal Participants  All non-Federal groups (i.e. government tribes, NGOs, and the general public) have several ways to be involved in Federal NEPA implementation: Consultation Preparation of Environmental Assessments Participation in Scoping for Environmental Impact Statements (EISs) Opportunity to Comment on draft and final EIS Input into CEQ referrals

3. The Roles of State, Local, and Tribal Governments:  Federal agencies are required to cooperate with state, local and tribal governments to the fullest extent possible, including: Joint planning processes Joint environmental research and studies Joint public hearings Joint environmental assessments

4. The Roles of State, Local, and Tribal Governments (continued):  State, local and tribal governments may also serve as a co-lead with a federal agency provided that they have a “little NEPA”  There are currently 17 states in addition to DC, Guam, and Puerto Rico that have “little NEPAs” http://www.nepa.gov/nepa/regs/states/states.cfm  Tribal governments are beginning to develop NEPA-like TEPAs

5. The Roles of State, Local, and Tribal Governments (continued):  State, local, and tribal governments may also serve as a “Cooperating Agency”  As a “Cooperating Agency” they will: Participate in the NEPA process at the earliest possible time Participate in the scoping process At the request of the lead Agency, assume responsibility for developing information and preparing analyses in areas where they have special expertise Make available staff support, as requested Use their own funds (except lead agency should pay for, as funds permit, activities or analyses it requests)

6. Seeking a Single Coordinated NEPA/SEPA/TEPA Decision Document  “Where State laws or local ordinances have environmental impact statement requirements in addition to but not in conflict with those in NEPA, Federal agencies shat cooperate in fulfilling these requirements as well as those of Federal laws so that one document will comply with all applicable laws.” 40 CFR 1506.2 (c)

7. Institutional Challenges:  Multiple jurisdictions  Competing missions and mandates  Different views on relative information  Contested authority  Varying types and levels of power McKinney & Harmon, The Western Confluence: A Guide to Governing Natural Resources (2004)

8. Distinctive Contributions of Non-Federal Governments to NEPA Process: Distinctive Contributions of Non-Federal Governments to NEPA Process: Distinctive Contributions of Non-Federal Governments to NEPA Process  Local knowledge  Closer ties to citizens  Greater emphasis on holistic analyses and solutions  Sensitivity to social and economic impacts