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 • 201228processes for subsequent implementationactivities.CAs and multistate projects► What are some tips for dealing withCAs on multistate projects?The project manager should take responsibilityfor drafting key documents, such as lettersof invitation and the MOU, to ensure thatall agencies and governments receive aconsistent message about the nature of theproject and their opportunity for signing on asa CA. Correspondence to potential CAs isusually best issued by the appropriate stateoffi ce over the State Director’s signature.Managing the administrative record can beparticularly challenging on multistate projects.The project manager should ensure thatprocedures are in place for maintaining acomplete administrative record, includingcorrespondence with potential and actual CAs.► How does the potential role of aCA differ when participating in an EISfor a multistate project as comparedwith participation in a localized planor project?The CA role involves a signifi cant commitmentof time and resources. Local governmentsmay not fi nd it advantageous to participate ascooperators in large projects that encompassissues not specifi c to their interests. Theinterest of local governments in a multistateproject such as an electric transmissionline, for example, may be limited to a fewmiles of the right-of-way that affects theirjurisdiction, but may not include discussionsabout endangered species in a distant State.This type of concern may be addressed byspeaking with project staff or the local fi eldmanager in a meeting specifi cally called toaddress these issues, rather than requestingCA status.The creation of MOUs► Is a single MOU or are multiple,separate MOUs preferable for largeprojects involving many cooperators?While a single MOU signed by multipleCAs may be a very effi cient approachto establishing CA relationships, it doeshave limitations. If a single MOU is to beeffective, CAs must have similar roles andresponsibilities that can be adequatelydescribed in the single agreement, and allparties must be willing to sign jointly. In someinstances, CAs may have unique or specifi ccircumstances that would be better describedin individual MOUs. Some CAs may also beunwilling to sign a joint MOU with other CAs.► Are variations in the BLM’s ModelMOU acceptable?Yes, in fact adapting the Model MOU isencouraged. CAs should be fully engagedin the drafting of an MOU. The BLM’s ModelMOU is intended to be used only as a guide.The BLM’s Model MOU outlines certainessential elements that should be includedin all MOUs as a basis for an effective CArelationship. The BLM and CAs should worktogether to ensure that the agreed on MOUrefl ects their unique working relationship andthe tasks at hand.► Are there other uses for MOUsbesides establishing CArelationships?Yes. The BLM has used MOUs for manypurposes. For example, MOUs havedescribed the relationship between the BLMand other Federal, State, local, or tribal entitieson land use plan implementation. SuchMOUs outline roles, priorities, and timelinesfor actions needed to implement land use plandecisions and to monitor the effectiveness ofthose actions at meeting established goalsand objectives. In a few instances, MOUshave also described the coordination betweenthe BLM and other units of government asprovided under FLPMA for the BLM’s land
use planning process. These MOUs focuson defi ning a coordination framework that isacceptable to both parties.Informal alternatives to the CArelationship► Are there ways to engage agenciesand governments other than throughformal CA relationships?Sometimes agencies and governments areunwilling to enter into formal CA agreementsdue to concerns about confl ict of interest,capacity/workload issues, or lack ofunderstanding. When those situations arise,there are many ways to engage potentialpartners in close working relationshipswithout their becoming a formal cooperator.For example, the AO may maintain informalcommunication on key issues, relevantinformation, and the partners’ preferredoutcomes.► How should the BLM treatgovernment partners that wish to beclosely involved in a plan or projectassessment and that are eligible forCA status, but that are unwilling tosign an MOU?By DOI regulation, an MOU must be used toestablish the CA relationship in the case ofnon-Federal agencies, and this agreementmust include a commitment to maintain theconfi dentiality of documents and deliberationsduring the period before the bureau’s publicrelease of any NEPA document, includingdrafts to the extent permitted by law (43 CFR46.225(d)). As noted above, when otheragencies or local governments are unwilling tosign an MOU, the AO may maintain informalcommunication on key issues, relevantinformation, and the partners’ preferredoutcomes. In nearly all cases, however, itis inappropriate to provide the same level ofinvolvement in a plan or project analysis foran entity unwilling to formalize its participationas provided to formal CAs. For example,the MOU should specify how the parties willcontrol the dissemination of predecisionaldocuments, whether prepared by the BLMor one of the CAs. The MOU is intended toprotect the interests of all parties and providesa set of mutually agreeable procedures guidingthe collaboration.The role of a joint lead agency► Under what circumstances shoulda Federal, State, local, or tribalgovernment entity be invited to serveas a joint lead agency, as opposed toparticipating as a CA?The DOI NEPA regulations at 43 CFR 46.220provide guidance on establishing joint leadagency relationships. In most cases, theResponsible Offi cial should designate oneFederal agency as the lead, with the remainingFederal, State, local, and tribal governmentsassuming roles as CAs. In this manner, theother Federal, State, local, and tribal entitiesmay work to ensure that the NEPA documentwill meet their needs for adoption andapplication to their related decision(s).In some cases, a non-Federal agency(including a tribal government) must complywith State or local requirements that arecomparable to the NEPA requirements. Inthese cases, the Responsible Offi cial maydesignate the non-Federal agency as ajoint lead agency. (See 40 CFR 1501.5 and1506.2 for a description of the selection oflead agencies, the settlement of lead agencydisputes, and the use of joint lead agencies.)In some cases, the Responsible Offi cial mayestablish a joint lead relationship amongseveral Federal agencies. If there is a jointlead, then one Federal agency must beidentifi ed as the agency responsible for fi lingthe environmental impact statement with theEnvironmental Protection Agency.Section 4. Cooperating Agency Relationships: Frequently Asked Questions29
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