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

BLM • A Desk Guide to Cooperating Agency Relationships and Coordination with Intergovernmental Partners • 201210The request must be evaluated against CAeligibility criteria—jurisdiction by law or specialexpertise. If the Responsible Offi cial for thelead bureau denies a request, or determines itis inappropriate to extend an invitation, he orshe must state the reasons in the EIS.The BLM’s Division of Decision Support,Planning and NEPA (WO-210) conductsan annual CA data call on behalf of theDOI’s Office of Environmental Policy andCompliance. This information is subsequentlyprovided to the CEQ. Authorized offi cers(AOs) should keep records of all CAparticipation for planning and NEPA activitiesto support this effort. In addition to theannual data call, CEQ regulations requireany CA, in response to the lead agency’srequest for assistance in preparing the EISto reply that other program commitmentspreclude the requested involvement and toprovide a copy of said reply to CEQ (40 CFR1501.6(c)). In accordance, BLM offi ces areinstructed to submit immediately a copy of anycorrespondence from the BLM declining aninvitation to participate as a cooperator to theDivision Chief of WO-210; WO-210 will in turnsubmit this information to the CEQ.Note that the requirement to invite eligiblegovernment and tribal entities to become a CAapplies to all RMPs and EISs. This includesimplementation actions and projects analyzedin an EIS, and new plans, plan revisions, orplan amendments prepared in conjunction withan EIS. The requirement does not apply toplan amendments or other activities preparedthrough an EA, although the CEQ and DOIhave affi rmed that the CA relationship mayalso be used for preparation of EAs (CEQMemorandum on Cooperating Agency Reports,May 26, 2006; 43 CFR 46.225(e)).43 CFR 1610.3-1 (BLM)Inviting participation.(a)(5) Where possible and appropriate,develop resource management planscollaboratively with cooperating agencies.(b) When developing or revisingresource management plans, BLM StateDirectors and Field Managers will inviteeligible Federal agencies, state and localgovernments, and federally recognizedIndian tribes to participate as cooperatingagencies. The same requirement applieswhen BLM amends resource managementplans through an environmental impactstatement. State Directors and FieldManagers will consider any requests ofother Federal agencies, state and localgovernments, and federally recognizedIndian tribes for cooperating agency status.Field Managers who deny such requestswill inform the State Director of the denial.The State Director will determine if thedenial is appropriate.43 CFR 46.155 (DOI)Inviting participation.The Responsible Offi cial must wheneverpossible consult, coordinate, andcooperate with relevant State, local, andtribal governments and other bureausand Federal agencies concerning theenvironmental effects of any Federal actionwithin the jurisdictions or related to theinterests of these entities.43 CFR 46.225 (DOI)Inviting participation.(b)…the Responsible Offi cial forthe lead bureau must invite eligiblegovernmental entities to participate ascooperating agencies when the bureauis developing an environmental impactstatement.(c) The Responsible Offi cial for thelead bureau must consider any requestby an eligible governmental entity toparticipate in a particular environmentalimpact statement as a cooperating agency.If the Responsible Offi cial for the leadbureau denies a request, or determinesit is inappropriate to extend an invitation,he or she must state the reasons in theenvironmental impact statement. Denial ofa request or not extending an invitation forcooperating agency status is not subjectto any internal administrative appealsprocess, nor is it a fi nal agency actionsubject to review under the AdministrativeProcedure Act, 5 U.S.C. 701 et seq.