Participating in the NEPA Process

WFB NEPA SymposiumCasper, Wyoming

May 30, 2008

Harriet M. Hageman

Kara Brighton

Introductions and Background

Recent Headlines

Environmentalists Fight Wolf State Management

Polar Bear listed as “Threatened” Species

BLM recommends Federal Land for Energy Independence

Gas Prices Soar BLM Imposes Restrictions for Sage

Grouse

Today’s Presentation

Legislative Process vs. Regulatory Process

Wyoming Conservation Alliance Mission and Role

Wyoming Farm Bureau and WCA Regulatory Issues Facing Wyoming

Endangered Species Energy Development

Legislative vs. Regulatory Process

Federal Senators Representatives

State Senators Representatives

Lobbyists

Lobbyists: An Integral Piece to the Puzzle

Ensure an organization’s voice is heard at the policy making level

Paid to represent the organizations for its best interests

Vital to ensuring an opinion or voice is heard by officials and lawmakers

Work towards key policy changes, directions, and legislation on behalf of their interest and group

Successful Lobbying Leads to Policy or Legislative Goals

Lobbying Wyoming Legislature

More than 500 Registered Lobbyists Protecting Industry Interests

Congress Most Organizations affiliate with

National Organizations for Federal Representation (American Farm Bureau – Agricultural Contact Team)

Regulatory Agencies:The Government’s Workhorse

Delegated duties and responsibilities to implement and enforce the law

Create Rules and Regulations

Develop Terminology, Definitions

Interpret Law, Set Agency Priorities

Federal and State Regulatory Authority

Implement Statutes

Enforce Regulations

ExamplesEndangered Species ActNational Environmental Policy Act

When Legislation Becomes Regulation:Endangered Species Act

Actual Statute - 34 Pages

Dept. of Interior ESA Regulations 1660 Pages

Agency Findings Agency Determinations Final Rules and Regulations

National Environmental Policy Act

Actual Statute -18 Pages

Agency Regulations - 70 Pages

Legislative vs. Regulatory Process

Political Process has Limited Role in Regulatory Agencies

“Lobbying” Role = Comments

Appointed vs. Career Agency Employees

Federal Agency Perspectives

Dept. of Interior 72,000 Employees

U.S. Fish and Wildlife Service 7,500 Employees

Dept. of Agriculture 110,000 Employees

U.S. Forest Service 20,000 Employees

Wyoming Conservation AllianceMission and Role

Inform and Educate Individuals about the State and Federal Regulatory Process

Assist Individuals to Participate in the Regulatory Process

WCA Mission Statement

Organize, educate, encourage and facilitate participation of Wyoming businesses, ranchers, industry groups and local government entities in the Federal regulatory process.

Federal Register Process

Federal Agency publishes notice of proposed rulemaking

Comment period (30, 60 or 90 days)

Publish final regulations

Wyoming AgenciesRegulatory Process

No Clearinghouse

Each Agency Announces Differently Department of Environmental Quality

Websites not Frequently Updated

WCA is Wyoming Agencies’ “Federal Register”

WCA Monitoring Federal Monitoring

Proposed Rules Final Rules Nominations/Meetings Notices

Grant Programs Oil & Gas Leases Wyoming Interests

State Monitoring Rulemaking Agency/Committee

Meetings Comment Periods Legislative Interim

Committees

Federal Agencies

Department of Energy FERC

Department of Transportation Federal Highway

Safety Administration Department of

Agriculture Forest Service

Department of Interior Bureau of Land

Management Bureau of

Reclamation Fish and Wildlife

Service Environmental

Protection Agency

Wyoming State Agencies

Oil & Gas Commission Game and Fish

Department Department of

Environmental Quality Air Quality Water Quality Environmental Quality

Council

State Engineer’s Office

Water Development Commission

Dept of Agriculture Livestock Board

Interim Committees

Consistent Oversight

Leads to Consistent Participation

WCA and Wyoming Farm Bureau

Daily Watch

Newsletter and Comment Calendar

Comment Letters

Regulatory Issues Facing Wyoming

Endangered Species Wolves Polar Bear Preble’s Jumping Mouse Sage Grouse

Energy Development BLM Energy Plan ESA Issues

WolvesBackground

March 28, 2008 – State Mgt Begins Wyoming’s Management Plan

April 28, 2008 – Defenders of Wildlife et al sue in Montana Federal Court

May 29, 2008 - Hearing

Polar Bear

May 14th listed as “Threatened” Population at all time high

20,000-25,000 Habitat Melting

Sea Ice 39% below long-term average between 1979 to 2000

No Current Recovery Plan Energy Producers Concerned

Bureau of Land Management Proposal Want to Open up Federal Land

BLM found out of the federal land that held potential for resources 62% oil and 41% natural gas is currently inaccessible for development

Potentially 31 billion barrels of oil and 231 trillion cubic feet of natural gas

Untied States imports about 10 million barrels of oil per day

Enough underground oil was found to sustain US for 8.5 years

Preble’s Jumping Mouse

History Originally Listed in 1999 Habitat Designated in Colorado and

Wyoming Four Counties (Albany, Platte, Laramie

and Converse) 2005 Proposed Rule = Delist 2007 Decision

Good News and Bad News

2007 FWS Findings

Good News Delist in Wyoming

Mouse populations Ag Operations not Impacting Threat of Human Population

Bad News Determined Separate Sub-Species

Sage Grouse

Background CBM Develop possibly on hold for up

to two years Need of Connectivity in Habitat Jobs in Danger June 27th Comments

Conclusion

Regulatory Actions Have Greater Impact on Agriculture than Ever

WCA and WFB Are Addressing Compiling and Distributing Information Assist with Comments

Wyoming Conservation Alliance

Promoting Wyoming’s Participation in the Regulatory Process

Cheyenne, WY

866-638-6038