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A. Lead and cooperating agencies
More than one federal agency
may be involved in approving a given proposal. Yet, NEPA requires agencies
to work together to produce only one NEPA document. The agency in charge
of preparing the document is the lead agency, and all others with jurisdiction
by law (every agency with permitting or funding authority over some aspect
of the proposal) or special expertise who are designated as such by the
lead are called cooperating agencies. The CEQ regulations include criteria
for designating a lead agency if a conflict exists (1501.5), as well as
the rights and responsibilities of cooperating agencies (1501.6). Chapter
8.0 of this handbook also has information on lead and cooperating agencies
(see also 516 DM, 2.4.).
NPS may act as a joint lead agency with either another
federal agency (1501.5 (b)) or a state or local agency (see section 2.13(B)).
However, CEQ regulations clearly encourage the lead and cooperating concept
for two or more federal agencies and the joint approach for federal-state
documents. In addition, the NPS has committed, along with other major
land management agencies, to provide for opportunities for inclusion of
state, local, and tribal governments as cooperators in the preparation
of environmental documents.
Further Links:
Memorandum
for the Heads of Federal Agencies
Factors
for Determining Whether to Invite, Decline or End Cooperating Agency Status
Sample
Report to the Council on Environmental Quality on Cooperating Agency (CA)
Status
Memorandum
for State and Local Governmental Entities
Memorandum
for Tribal Leaders
Memorandum
for State Governors
DOI Departmental
Manual: Responsibilities for Indian Trust Resources
DOI Departmental
Manual: Responsibilities for Protecting/Accommodating and Access to Indian
Sacred Sites
B. State agencies
CEQ also asks federal agencies to work closely with
state agencies that have requirements for impact analysis, and to make
every effort to combine efforts with them (1506.2), including the preparation
of a joint state-federal impact document.
Further Links:
CEQ
Memo on Cooperating Agencies (Get
the Adobe Acrobat PDF Reader 5.0 to read the document.)
 C.
Other environmental and regulatory requirements
Other federal, state, and local laws may have information
requirements that overlap with NEPA. The study of these resources and
information about their present status (i.e., affected environment), or
the impact they may experience from your park’s proposal, should
be integrated into your NEPA document. Some of these laws and executive
orders are listed below, but you must consult local, state, and other
federal agencies as part of scoping to determine all of the applicable
requirements and any permits needed for project completion.
Further Links:
Environmental
Justice
Laws
Affecting NPS
Laws,
Regulations and Websites
- Endangered
Species Act (ESA) — Section 7 of the ESA requires that a federal
agency consult with the U.S. Fish and Wildlife Service or the National
Marine Fisheries Service on any action that may affect endangered or
threatened species or candidate species, or that may result in adverse
modification of critical habitat. An EA or an EIS may provide sufficient
information to serve as a biological assessment for section 7 purposes.
If a separate biological assessment is prepared, it must be part of
any NEPA document.
Further Links:
Highlights
from USFWS Consultation Handbook
USFWS
Section 7 consultation main page
USFWS
Section 7 handbook (see figures 3-1 and 4-1)
USFWS
Regional Contact List
-
Executive
Orders 11988 and 11990,
Floodplain Management and Wetland Protection — These executive
orders direct NPS to avoid, to the extent possible, the long- and short-term
adverse impacts associated with modifying or occupying floodplains and
wetlands. They also require NPS to avoid direct or indirect support
of floodplain or wetland development whenever there is a practical alternative.
If implementing your park’s proposal would result in an adverse
impact to a regulated floodplain or wetland, you must include a statement
of findings with the finding of no significant impact (FONSI) or the
record of decision (ROD).
Further Links:
Procedural
Manual #77-1: Wetland Protection
- National
Historic Preservation Act (NHPA) section 106 — Section 106 of NHPA
requires federal agencies to consider the effects of their proposals
on historic properties, and to provide state historic preservation officers,
tribal historic preservation officers, and, as necessary, the Advisory
Council on Historic Preservation a reasonable opportunity to review
and comment on these actions. Section 106 review and NEPA are two separate,
distinct processes. They can and should occur simultaneously, and documents
can be combined, but one is not a substitute for the other. They should,
however, be coordinated to avoid duplication of public involvement or
other requirements. The information and mitigation gathered as part
of the 106 review must be included in the NEPA document, and the 106
process must be completed before a FONSI or an ROD can be signed on
a proposal that affects historic properties.
Further Links:
ACHP
Frequently Asked Questions
- Executive
Order 12898, Environmental Justice in Minority and Low-Income Populations
— This executive order directs federal agencies to assess whether
their actions have disproportionately high and adverse human health
or environmental effects on minority and low-income populations. You
must specifically analyze and evaluate the impact of your proposal on
minority and low-income populations and communities, as well as the
equity of the distribution of the benefits and risk of the decision
in your NEPA document. If it does not apply, this should be noted in
the “issues dismissed” section of the NEPA document (see ECM95-3
and ECM98-2).
Further Links:
Executive
Order 12898
- Secretarial
Order 3175 and ECM95-2 — These memoranda require bureaus to explicitly
address environmental impacts of their proposed actions on Indian Trust
Resources in any environmental document.
Further Links:
Examples of Memorandum of Agreements between various
agencies:
Memorandum
of Agreement between USFWS and Colorado SHPO (Get
the Adobe Acrobat PDF Reader 5.0 to read the document.)
Memorandum
of Agreement between NPS and Arizona SHPO (Get
the Adobe Acrobat PDF Reader 5.0 to read the document.)
Memorandum
of Agreement between NPS and ACHP (Get
the Adobe Acrobat PDF Reader 5.0 to read the document.)
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2.13
Overview of the NEPA Process — Working with Other Agencies