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◦ [email protected]◦ 703.887.3239
Contact Information