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

BLM • A Desk Guide to Cooperating Agency Relationships and Coordination with Intergovernmental Partners • 201222► What are some considerationsin determining whether expertiseis relevant?Relevance in this context means not only thatthe topic of the expertise has importance forthe plan or project, but that the governmententity claiming the expertise can speak toforeseeable effects on the people, property,or resources for which it has responsibility.For example, one county requested CAstatus on the basis of special expertise inair quality modeling. While air quality was arelevant issue and the county had programresponsibility and technical skills on this topic,the county was so distant from the project areathat it would not be infl uenced by any projectgeneratedair quality impacts. For this reasonthe county’s expertise was not relevant tothe project, and its request for CA status wasdenied.► Is knowledge of local “customand culture” a sufficient basis forincluding local governments as CAsunder the special expertise criterion?Yes. Leaders of local governments arepresumed to possess special expertiseconcerning the history, institutions, and socialand economic conditions of their jurisdictions.This knowledge is often relevant to assessingbaseline conditions and potential effects ofplanning alternatives.► How should the criterion of specialexpertise be applied to tribes?Because American Indian tribes have culturallydistinctive uses and understandings of landand resources, a tribe’s special expertise maybe wide-ranging. Examples include the effectsof a proposed planning decision on tribalemployment and income, the need for accessto ceremonial places, and the medicinalvalue of certain plant species. Sharing tribalknowledge of “custom and culture” throughthe CA role may create special challenges inmanaging information appropriately, as publicdisclosure of certain tribal information may beinappropriate.Guidelines for Conducting TribalConsultation, BLM Manual Handbook,H-8120-1, Sec. IV(E)Native Americans may be reluctant toshare sensitive information regardingresource locations and values with agencyoffi cials. This is partly because agencieshave been hindered, until recently, fromeffectively protecting Native Americancultural information from public disclosureunder the Freedom of Information Act.Federal agencies► What discretion do Federalagencies have when requested toserve as CAs?A Federal agency eligible on the basis ofjurisdiction by law must serve as a CA whenso requested. A Federal agency eligible on thebasis of special expertise may choose whetheror not to serve as a CA when so requested. AState, local, or tribal entity eligible on eitherbasis may choose whether or not to serve as aCA when so requested.40 CFR 1501.6 (CEQ)Upon request of the lead agency, any otherFederal agency which has jurisdictionby law shall be a cooperating agency. Inaddition any other Federal agency whichhas special expertise with respect to anyenvironmental issue, which should beaddressed in the statement may be acooperating agency upon request of thelead agency. An agency may request thelead agency to designate it a cooperatingagency [emphasis added].► What should the BLM do if aFederal agency with jurisdiction bylaw refuses/declines an invitation tobe a CA?It is important to document the request anddenial of the request in writing and include itas part of the project fi le. A copy of the denialletter should also be forwarded immediatelyto the Washington Offi ce Division of DecisionSupport, Planning and NEPA and submitted aspart of the BLM’s annual CA data call. While