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

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BLM • A Desk Guide to Cooperating Agency Relationships and Coordination with Intergovernmental Partners • 2012that will ensure successful completion ofthe planning or NEPA effort in a timely,effi cient, and thorough manner.• Describe the respective responsibilities,jurisdictional authority, and expertise ofeach of the parties in the planning or NEPAprocess.Authorities for the MOU• Identify the principal statutory authoritiesthat authorize the parties to enter intothe MOU (such as the NEPA of 1969 (42U.S.C. 4321 et seq.); Federal Land Policyand Management Act of 1976 (43 U.S.C.1701 et seq.); Council on EnvironmentalQuality regulations on implementing NEPA(40 CFR Part 1501 et seq.); BLM planningregulations (43 CFR 1601 et seq.); andother authorities).Roles and Responsibilities• Identify the roles of each party in theplanning or NEPA process, and outline theresponsibilities each party will assume.• Describe the BLM’s responsibility for thecontent of the planning or NEPA document,including the BLM’s obligation to considerCA input, particularly in those areas wherethe CA is deemed to possess jurisdictionby law or special expertise.• Describe those areas where the CA willprovide information, comments, andtechnical expertise to the lead agencyregarding those elements of the planning orNEPA effort in which the CA has jurisdictionor special expertise or for which the leadagency requests the CA’s assistance.• Specifi cally address any matters ofcompensation (monetary or in-kind) forCAs providing technical analysis or data.The BLM should consult the Department’sOffi ce of the Solicitor to determine if anymatters of compensation require a moreformalized agreement than an MOU.• Describe the schedule for any tasksassigned through the MOU.Other Provisions• Include standard legal stipulations toindicate, for example, that authoritiesare not altered and that immunities anddefenses of all parties are retained.• Include provisions to address issues suchas confl icts of interest, the managementand documentation of disagreements, andprocedures that will be employed whenparties disagree on matters of scientifi cinformation, data collection, or analysis.• Describe procedures for handlingconfi dential and predecisional information,while paying particular attention to state“sunshine” laws, requirements of theFreedom of Information Act (FOIA), andother pertinent laws.• Include a confl ict resolution provision,which may include options for facilitationand joint factfi nding. The lead agencyand CAs may consider retaining anindependent facilitator to foster clearcommunication among the parties. Theparties may stipulate in the MOU that afacilitator be used for a specifi c period andmay agree to review the need for suchassistance at designated intervals. A costsharingagreement (monetary, or in-kind) topay for the facilitator should be detailed inthe MOU.• If necessary, include detailed provisions forengaging contractors as representatives forthe CAs.Agency Representatives• Designate a representative and alternaterepresentative for each party to ensurecoordination between the cooperatingagency(ies) and the lead agency during theplanning or NEPA process.18
Administration of the MOU• Describe MOU approval authority. Forthe BLM, the MOU shall be signed by theauthorized offi cer in accordance with BLMManual 1203 and appropriate delegationsof authority. For CAs, the MOU shall besigned by a similarly authorized offi cial.• Describe how the MOU may be amendedor modifi ed.• Describe how and under whatcircumstances the MOU may beterminated.Section 3. Preparation of a Memorandum of Understanding19
Page 5: ContentsDirector’s Message ______
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