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

► What should the BLM do if itdisagrees with the lead agency’sselection of a preferred alternativeor disagrees with the scope of theissues or impacts analyzed?Consensus may not always be achievable onkey elements of a NEPA analysis. The CArelationship brings diverse parties togetherto seek broadly acceptable solutions to whatare usually complex problems. It does notimply that the parties will achieve consensus.The BLM should provide its views and inputthrough the CA relationship as described in theMOU.It is important to keep in mind that engagingin a CA relationship neither augments nordiminishes the BLM’s jurisdiction or authority.Even when participating as a CA, the BLMremains the fi nal decisionmaker on any andall matters within its jurisdiction. In addition,by becoming a CA, an agency does not forfeitthe right to comment, protest, or appeal theanalysis or decision advanced by the leadagency.Regarding the scope of the NEPA analysis,the BLM will have to determine independentlyif the NEPA analysis in which it cooperatedis appropriate to cover any proposed actionsand decisions that the BLM wants or needsto make. If it deems the analysis suffi cient,the BLM will need to adopt the lead agency’sNEPA document (see above). If it determinesthat the analysis is not suffi cient, the BLM willhave to initiate new or supplemental NEPAanalysis to support the Bureau’s proposedaction and decision.► To what extent does the leadagency’s NEPA document needto analyze impacts toBLM-administered lands?The scope of the NEPA analysis should fullyconsider connected and cumulative actionsthat may take place on BLM-administeredlands.BLM Manual Handbook, H-1790-1,Sec. 6.5.2.1Connected actions are those actionsthat are “closely related” and “should bediscussed” in the same NEPA document….Actions are connected if they automaticallytrigger other actions that may require anEIS; cannot or will not proceed unlessother actions are taken previously orsimultaneously; or if the actions areinterdependent parts of a larger actionand depend upon the larger action fortheir justifi cation…. Connected actionsare limited to actions that are currentlyproposed (ripe for decision). Actions thatare not yet proposed are not connectedactions, but may need to be analyzedin cumulative effects analysis if they arereasonably foreseeable.BLM Manual Handbook, H-1790-1,Sec. 6.5.2.2Cumulative actions are proposed actionswhich potentially have a cumulativelysignifi cant impact together with otherproposed actions and “should bediscussed” in the same NEPA document.► How does the BLM determine if aNEPA analysis provides a sufficientbasis for its decision? When shouldthe BLM pursue a separate EIS orprepare a supplemental EIS?Before making a decision based on anotheragency’s NEPA document, the BLM mustdetermine that the NEPA document hasadequately analyzed the BLM’s proposedaction. The BLM must determine if theproposed action is a feature of or essentiallysimilar to an alternative analyzed in theNEPA document. The BLM must consider ifthe proposed action is located in the sameanalysis area. The BLM must also determine ifthe direct, indirect, and cumulative effects thatwould result from implementation of the BLM’sproposed action are covered or are similar(both quantitatively and qualitatively) to thoseanalyzed in the NEPA document.Section 4. Cooperating Agency Relationships: Frequently Asked QuestionsActive participation as a CA may affordsuffi cient input so that the NEPA document39