Department of Interior – Bureau of Land Management

USDA – Forest Service

CEQ – Council on Environmental Quality

Cooperating and Coordinating

NEPA – National Environmental Policy Act

FLPMA – Federal Land Policy Management Act

NFMA – National Forest Management Act

Federal Regulation Review

Conservation Movement – end of the 19th Century Establishment of the Public Lands

Environmental Movement – Post World War II

1960’s- 1970’s : Largest number of environmental laws passed in US History

Brief History of the Public Lands

1860’s – National Concern over Western Public Lands – Trans-Continental Railroad and the Homestead Acts.

During the 1800’s one half of the Nation would be transferred into private ownership.

In all, about 1.1 billion acres were transferred

1976, Federal Land Policy Management Act◦ Statement of policy to retain remaining lands in

Federal ownership

Conservation in the 1800’s

Realization that natural resources are finite

Concerns over Abuse of Resources

The Forest Reserves were established in 1891

Post World War II Increase in IndustrializationRapid increase in populationRapid demand for goods and services produced from natural resources

Environmental Movement

Cuyahoga River Fires1952

Clearcutting

AIR POLLUTION – HOUSTON, TEXAS

Santa Barbara Oil Spill

The Santa Barbara oil spill occurred in January and February 1969 in the Santa Barbara Channel near the city of Santa Barbara in Southern California. It was the largest oil spill in United States Waters at the time, and now ranks third after the 2010 Deepwater Horizon and 1989 Exxon Valdez spills. It remains the largest oil spill to have occurred in the waters off California.

Santa Barbara Oil Spill

Multiple Use Sustained Yield Act National Environmental Policy Act Clean Air Act Clean Water Act Endangered Species Act Wild and Scenic Rivers Act Wilderness Act Federal Land Policy Management Act National Forest Management Act

1960’s and 70’sMany new environmental

laws were created

National Forest Management Act◦ Forest Plans

National Environmental Policy Act • Forest Planning• Project planning

Cooperating and Coordinating with the Forest Service

Became Law in 1976◦ Guiding law on how national forests will be

managed.◦ Requires Every National Forest and Grassland to

develop and maintain a Land Management Plan.

Forest Service is operating a new Planning Rule finalized in 2012. All existing Forest Plans were developed under the original 1982 Planning Rule.

National Forest Management Act

Forest Plans set priorities for management, allocate resources, and make recommendations for special areas.

They are on a 15-year revision cycle. Counties must have an active role in their

development and revisions. New requirements for Forest Service to

Cooperate and Coordinate with Counties

Forest Planning is a key point of engagement for

county governments

Forest Service officials must:• Notify State and County officials of

planning actions early in the process.• Where appropriate, invite States and

Counties to be Cooperating Agencies.• Include officials on interdisciplinary

teams.• Consult with tribal governments

Cooperating Agency Requirementsfor Forest Planning

Forest Service has significantly increased requirements and direction for Coordinating with Counties.

The new planning rule recognizes the desire by counties to have goals and objectives in their local plans considered

Coordination Requirements for Forest Planning

Coordinating Forest Service planning efforts with the planning efforts of State, Counties, and other Federal agencies.

For Forest Planning efforts, review land use policies of Federal, State, local, and tribal governments for:◦ Consideration of local objectives◦ Compatibility of these plans and policies◦ Opportunities for the Forest Plan to address

impacts identified◦ Opportunities to resolve or reduce conflicts

Forest Service Managers mustCoordinate with Counties by:

Forest Service direction to managers has been strengthened to include State and local governments as cooperating agencies for projects.

Requirements for Coordination are similar to those for Forest Plan development and revision.

Project Decisions on the National Forests

NEPA Documentation Overview

Notice of Intent Scoping Draft Environmental Impact Statement Final Environmental Impact Statement Record of Decision Supplemental Environmental Impact

Statement

Process Steps

The early and open process to determine scope of issues and identify the significant issues related to a proposed action.◦ Invite affected Federal, State, and local agencies,

affected Indian Tribes, and other interested parties to participate

◦ Determine the scope of the analysis and the significant issues

◦ Allocate responsibilities among all government agencies

◦ Develop the structure and process

Scoping40 CFR 1501.7

Cooperating Agencies

The Role for local governments and Federally designated Tribes

Cooperating agencies were involved in approximately 49% of Environmental Impact Statements and approximately 6% of environmental assessments during fiscal years 2006-2011.

Cooperating Agency Reporting Results 2005-2011

1. Lack of capacity or resources (i.e., training, time, personnel) continues to be a major reason.

2. Lack of another agency with expertise to engage with a specific environmental review.

3. Agencies choosing to participate on an informal basis rather than through a formal cooperating agency status designation.

Obstacles to Cooperating Agency

In the case of an action with effects primarily of local concern the notice may include:

Notice to State and area wide clearinghouses . . . Notice to Indian tribes when effects may occur on

reservations. Following the affected State's public notice procedures for

comparable actions. Publication in local newspapers (in papers of general

circulation rather than legal papers). Notice to potentially interested community organizations

including small business associations. Publication in newsletters that may be expected to reach

potentially interested persons. Direct mailing to owners and occupants of nearby or affected

property. Posting of notice on and off site in the area where the action

is to be located.

Knowing when a project is happening

Provides a list of proposed projects

Describes the type of action by National Forest

Describes the timing

Provides the responsible person to contact

Web-based information: http://www.fs.fed.us/sopa/nav-page.php

SOPAStatement of Proposed Action

Special Expertise Expertise needed to help the lead agency

meet a statutory responsibility Expertise developed to carry out an agency

mission Related program expertise or experience Expertise regarding the proposed actions’

relationship to the objectives of a region, or State

Factors for Determining Cooperating Agency Status

Becoming a cooperating agency requires a significant amount of time, resources, technical expertise, and funding.

Local governments in other states caution against applying to become a cooperating agency on every possible EIS

Apply –after serious consideration

Participate in the NEPA process at the earliest time

Participate in “Scoping” Develop information and prepare

environmental analyses Provide staff support Normally use its own funds

Responsibilities of Cooperating Agencies

An MOU is not required under NEPA – Options include an exchange of letters

Is the local government entering into a binding legal agreement?

Use MOU (or other document) because personnel and priorities change. Address:◦ Roles and responsibilities◦ Expectations (timeliness; quality)

A Memorandum of Understanding with the lead Agency

Establish a mechanism for addressing intergovernmental issues- a “seat at the table” that does not diminish or enhance authority.

Receive relevant information early in the analytical process

Apply available technical expertise and staff support

Avoid duplication with other federal, State, tribal, and local procedures

Foster intra and intergovernmental trust. Establish a relationship that improves overall working environments.

Benefits of Cooperating Agency Status

Full disclosure can be frustrating – FOIA and Sunshine laws

Expectations are not always clearly outlined in the MOU Not always a clear understanding of NEPA and agency

planning processes and local, State, and Tribal planning Effectiveness – involving the right people from the very

beginning will save time and money in the end – dealing with changes in personnel

Some local governments have been rejected several times before they were finally accepted as a cooperating agency on a project. Do not give up. AGENCIES MUST REPORT TO CEQ WHEN THEY REJECT A REQUEST FROM ANOTHER AGENCY OR ORGANIZATION TO BE A COOPERATING AGENCY.

Challenges of Cooperating Agency Status

Although the Council on Environmental Quality (CEQ) regulations require scoping only for environmental impact statement (EIS) preparation, the Forest Service has broadened the concept to apply to all proposed actions.

Scoping includes refining the proposed action, determining the responsible official and lead and cooperating agencies, identifying preliminary issues, and identifying interested and affected persons

Forest Service - RegulationsCooperating Agency Specifics

Whenever invited Federal, State, Tribal and local agencies elect not to become cooperating agencies, they should still be considered for inclusion in interdisciplinary teams engaged in the NEPA process and on distribution lists for review and comment on NEPA documents.

Alternatives to being a Cooperating Agency

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

Any environmental document in compliance with NEPA may be combined with any other agency document to reduce duplication and paperwork.

Integrating Local Issues

Randy Phillips, USDA Forest Service◦ Liaison to the National Association of Counties◦ rphilips@naco.org◦ 703.887.3239

Contact Information