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

Section 4Cooperating Agency Relationships:Frequently Asked QuestionsQualifying OrganizationsCriteria for CA eligibility► What types of organizations mayserve as CAs?The CA relationship is limited to governmententities: State agencies, local governments,tribal governments, and other Federalagencies.► Within the interdisciplinary (ID)team, is a CA limited to participatingonly on the topics on which the BLMhas acknowledged its jurisdiction bylaw or special expertise, as reflectedin the MOU?A CA is entitled to collaborate as part of anRMP or EIS ID team in those areas for whichthe MOU acknowledges the CA’s jurisdictionby law or special expertise. A CA’s formalinvolvement on other issues occurs at thediscretion of the BLM’s AO. In practical terms,the scope and nature of a CA’s participationis a matter for negotiation that takes intoaccount the CA’s policy concerns, the staff andresources it can reasonably contribute to theeffort, the schedule, and other constraints.► What discretion does the BLM haveto determine the scope of a CA’sspecial expertise?The criterion of special expertise emphasizesthe relevant capabilities or knowledge that aCA may contribute to the planning and NEPAprocess. Managers are required to offerCA status to potentially eligible governmententities, including tribes, when preparing orrevising an RMP or preparing an EIS. It isthe AO’s responsibility, however, to determinewhich entities possess special expertiserelative to a proposed plan or project and thenature of their expertise, subject to reviewby the State Director. The claimed expertiseshould be demonstrated (not merely asserted),and it should be relevant to the decisions to bemade.40 CFR 1508.26 (CEQ)Special expertise means statutoryresponsibility, agency mission, or relatedprogram experience.► How is expertise demonstrated?In most cases, a government entity’s expertiseis demonstrated through staff capabilities andan appropriate program focus. For example,a local government that routinely conductstransportation planning and road maintenancemay be assumed to have special expertise onthese topics whether the work is carried out bypermanent staff and/or contractors. There aremany small governments that cannot afford tokeep full- or part-time staff for every resourcearea and consequently rely on consultantsfor help. A government entity without regularprogrammatic responsibilities for a givenresource area, however, cannot establishspecial expertise for the CA relationship byhiring a consultant or specialist in that area.Note: Some expertise is based on informalrather than technical knowledge. (See thediscussion of knowledge of local “custom andculture” by tribal and local government offi cialsbelow.)Section 4. Cooperating Agency Relationships: Frequently Asked Questions21