BLM Desk Guide to Cooperating Agency Relationships - National ...

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By adding provisions for the CAsto its planning regulations, theBLM has included the CAs aspartners in land use planning.6
Section 2Implementation of the CooperatingAgency RelationshipThis section explains the requirementsregarding CA relationships established by BLMplanning regulations and by guidance from theDOI on implementing NEPA (43 CFR Part 46;DM 516 Chapters 1–15).The CEQ regulations implementing NEPAgovern the CA relationship for all Federalagencies preparing EISs. Only those CEQregulations specifi c to the CA relationship arecited here. CAs are typically not treated asadvisory committees under the purview ofthe Federal Advisory Committee Act (FACA,5 U.S.C. App.). This is because meetingsheld exclusively between Federal offi cialsand elected offi cers of State, local, and tribalgovernments (or their designated employeesauthorized to act on their behalf) acting in theiroffi cial capacities are generally exempt fromthe requirements of FACA when the meetingsare solely for the purpose of exchanging views,information, or advice related to managementor implementation of Federal programsestablished pursuant to a public law thatprovides intergovernmental responsibilities oradministration (2 U.S.C. 1534(b)).The Role of CAsThe CEQ regulations call for early andsignifi cant involvement by CAs in thepreparation of an EIS. Both lead agenciesand cooperating agencies assume signifi cantobligations in offering and accepting the CArelationship, meaning:• As a lead agency, the BLM is expected touse the analyses and proposals of a CA “tothe maximum extent possible consistentwith its responsibility.”• CAs accept obligations to contribute staff tothe EIS team, develop and review analysesfor which they have particular expertise,and fund their own participation.The BLM land use planning process yieldsa dual-function document: an RMP and anEIS. The distinction is important. Planning(refl ected in the RMP) selects the goalsand identifi es the management actionsneeded to achieve them. Environmentalanalysis (refl ected in the EIS) identifi es theconsequences of achieving those goals. TheCEQ regulations make the CAs partners inenvironmental analysis. By adding provisionsfor the CAs to its planning regulations, the BLMhas included the CAs as partners in land useplanning. (Because this Guide discusses bothplans and implementation actions and projects,“EIS” will generally refer to implementationand project-level documents, although RMPrevisions also involve EISs.)40 CFR 1501.6 (CEQ)Roles of lead and cooperating agencies.(a) The lead agency shall:(1) Request the participation of eachcooperating agency in the NEPA process atthe earliest possible time.(2) Use the environmental analysis andproposals of cooperating agencies withjurisdiction by law or special expertise, tothe maximum extent possible consistentwith its responsibility as lead agency.(3) Meet with a cooperating agency atthe latter’s request.(b) Each cooperating agency shall:(1) Participate in the NEPA process atthe earliest possible time.(2) Participate in the scopingprocess….(3) Assume on request of the leadSection 2. Implementation of the Cooperating Agency Relationship7
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