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 • 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
a formal CA agreement may not be reachedbetween the parties in some instances, thereare other informal methods of engagementthat may be pursued. The goal is to worktogether to the extent practicable to developanalysis acceptable to the lead agency andany agency(ies) with jurisdiction by law.State agencies► Can more than one State agencybe granted CA status for a given RMPor EIS?Yes. Because multiple State agencies mayhave special expertise or jurisdiction by law,there may be instances where more thanone State agency assumes CA status. Whenworking with multiple State agencies, it isdesirable to have one entity (for example, theGovernor’s offi ce) coordinate all commentsand analyses from State CAs to ensure theBLM benefi ts from a consistent perspective.This working arrangement should be describedas part of the MOU.Jack Morrow Hills Final CoordinatedActivity Plan–Final EISChapter 5, Sec. 5.1.2, July 2004 (GreenRiver RMP Amendment)The Wyoming Offi ce of FederalLand Policy represents the State ofWyoming, with the following agenciesdesignated as members: 1. WyomingState Geological Survey, 2. WyomingGame & Fish Commission, 3. WyomingDEQ [Department of EnvironmentalQuality]–Water, 4. Wyoming Oil and GasCommission ... [includes 16 agencies].Local governments► What is a “local government” forpurposes of CA requirements?A local government is defi ned in BLMplanning regulations as a general purposeunit of government with resourcemanagement authority or a politicalsubdivision of a State. Counties (boroughs inAlaska) and incorporated cities clearly qualify.Special-purpose districts (such as conservationdistricts) will qualify if State law defi nes themas political subdivisions.43 CFR 1601.0-5(h) (BLM)Local government means any politicalsubdivision of the State and any generalpurpose unit of local government withresource planning, resource management,zoning, or land use regulation authority.Wyoming Statutes 16-4-201(a)(iv) (2004)“Political subdivision” means every county,city and county, city, incorporated andunincorporated town, school district andspecial district within the state.Tribal governments► Does inviting a tribe’s participationas a CA satisfy the BLM’s obligationto consult on a government-togovernmentbasis regarding land useplanning or other actions?No. Consultation is particularly importantin the BLM’s government-to-governmentrelationship with tribes. Once formalconsultation has been initiated, tribal offi cialsmay decide to use the CA role as a convenientway to communicate their views or contributetheir expertise. However, this is at the tribe’srequest, not the BLM’s.Executive Order 13175: Consultationand Coordination with Indian TribalGovernmentsOur Nation, under the law of the UnitedStates, in accordance with treaties,statutes, Executive Orders, and judicialdecisions, has recognized the right ofIndian tribes to self-government. Asdomestic dependent nations, Indian tribesexercise inherent sovereign powers overtheir members and territory. The UnitedStates continues to work with Indian tribeson a government-to-government basis toaddress issues concerning Indian tribalself-government, tribal trust resources, andIndian tribal treaty and other rights. (E.O.13175, Section 2(b), November 6, 2000.)Section 4. Cooperating Agency Relationships: Frequently Asked Questions23
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