BLM PLANNING: OVERVIEW AND OPPORTUNITIES FOR

ENGAGEMENT

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Cooperating Agency and Coordination TrainingWashington State Association of Counties

Friday, November 22, 2013

Victoria Barr, Oregon/Washington State Office, Branch Chief, Planning, Science and Resource

Information

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The National Environmental Policy Act:

Established the environmental policy of the nation (section 101)

Provided a process to ensure policies are carried forward (section 102)

Requires consideration of the impact to the human environment

Requires an Environmental Impact Statement for major federal actions

Requires alternatives be developed & analyzed

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The Planning Process:

Unites FLPMA & NEPA

Identifies competing resource uses

Develops & analyzes alternatives

Meets multiple use & sustained yield requirements

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1. Development of Energy & Minerals

2. Urban Development

3. Land Tenure Adjustments

4. Climate Change

5. Rangeland Health & Vegetation Management

6. Invasive and/or Noxious Species

7. Riparian Areas/Wetlands/Watershed & Ecosystem Planning

8. Cultural, Historical & Paleontological Resources

9. Wild Horses

10. Wild & Scenic Rivers

11. Special Designations

Preliminary Planning Issues May Include

Four lessons important to success

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1. Recognize that the cooperating agency relationship is a forum for sharing information & expertise

2. Acknowledge that the cooperating agency relationship requires new ways of doing business

3. Emphasize mutual, rather than individual, gains & seek solutions that meet others’ needs as well as their own

4. Engage as early as possible in the planning process with cooperating agencies

Cooperating Agencies

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For the planning process, the BLM recognizes that:

Nowhere is the need for cooperation more critical than in the management of public land and resources.

Partnering with state, tribal, and local government, should be standard practice at the BLM before, during, and after plans are prepared.

These efforts will produce plans that: Gain early and consistent involvement of CA partners Incorporate local knowledge of economic, social, and

environmental conditions, as well as state and local land use requirements

Avoid duplication of efforts Enhance local credibility of the planning process Encourage CA support for planning decisions; and Build relationships of trust and cooperation

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In Fact:

The BLM is required to invite eligible governmental entities to participate as CA’s when the bureau is developing an EIS

The BLM is required to consider any requests by governmental entities to participate as a CA with respect to a particular EIS

Establish uniform eligibility criteria for federal, tribal, state, and local governments: and

Ensure that throughout the development of an EIS, the BLM will collaborate with all CAs, to the fullest extent practicable.

Also: The BLM encourages the partnership of CAs at the

Environmental Assessment level to produce the same benefits as when CAs are engaged at the EIS level.

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Highly values establishing positive working relationships with County commissioners.

Encourages all counties to become Cooperating Agencies in our planning processes

Recognizes the value of the information provided by our cooperators

Maintains transparency through the planning process

BLM Oregon/Washington:

The role is defined by:

The Council on Environmental Quality (CEQ) regulations govern for all federal agencies

The BLM’s regulations & policies supplement

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The Role of Cooperating Agencies

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The Role of BLM and Cooperating Agencies

As the lead agency, the BLM is expected to

use the analyses & proposals of a cooperating agency “to the maximum extent possible consistent with its responsibility”

Cooperating agencies accept obligations to

contribute staff to the EIS team

develop analyses for which they have particular expertise

fund their own participation

The CEQ regulations call for early & significant involvement by cooperating agencies

State agencies Local governments Tribal governments Other Federal agencies

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Eligibility for Cooperating Agency Status

Government entities or agencies with:1.Jurisdiction by law; or

2.Special expertise

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Eligibility for Cooperating Agency Status

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40 CFR 1508.5 (CEQ) Defining eligibility.

“Cooperating agency” means any Federal agency other than a lead agency which has “jurisdiction by law” or “special expertise” with respect to any environmental impact….A State or local agency of similar qualifications or, when the effects are on a reservation, an Indian Tribe, may by agreement with the lead agency become a cooperating agency.

40 CFR 1508.15 (CEQ)Jurisdiction by law

“Jurisdiction by law” means agency authority to approve, veto, or finance all or part of the proposal

40 CFR 1508.26 (CEQ)Special expertise.

“Special expertise” means statutory responsibility, agency mission, or related program experience.

Regulatory Definitions

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Cooperating Agency Work Contributions

Scoping Outreach to constituents

Assemble Inventory Data & Review Analysis of

Management Situation

Formulate Alternatives Suggest methods for resolving constituents

concerns

Impact Analysis

Public Comment Period- Obtain constituent feedback, summarize & describe alternatives

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Opportunities for Engagement

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There are currently two EIS level planning efforts in Washington on BLM administered lands.

The Spokane District Resource Management Plan

The Vantage to Pomona 500kV Transmission line

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Highlights of the Spokane District

The RMP planning effort began in 2010 The plan will provide direction for the

next two decades for approximately 445,000 acres of BLM- administered lands in Eastern Washington and the San Juan Archipelago

The demands and types of uses on the BLM administered public lands have evolved as have the resources they contain.

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The Washington Department of Fish and Wildlife is a CA for the Spokane District RMP effort

Vantage to Pomona Heights Transmission Line

230kV transmission line proposed by Pacific Power

Proposed to be situated in south-central Washington, extending from Bonneville Power Administration Vantage substation to Pacific Power’s Pomona Heights substation located just east of Selah, WA

BLM is the lead federal agency The Draft EIS was released for public

comment on 1/4/13 and the comment period closed on 3/8/13

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For the Vantage to Pomona Heights Transmission Line, The Cooperating Agencies include:

US Department of Army US Fish and Wildlife Service Bonneville Power Administration Bureau of Reclamation Kittitas County Yakima County Washington State Department of

Transportation Federal Highway Administration

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Additionally, there is a Coordinating Team. Their function is to:

- Coordinate, where appropriate, the state, federal and county environmental review and siting process

- Minimize and resolve conflicts- Ensure adequate integration of the most

current and appropriate scientific, technical and policy information needed to evaluate the project

- Track and monitor NEPA major milestones to ensure critical timelines are being met

- Ensure that adequate funding and support are provided to the Interagency Interdisciplinary Team, CA’s, and BLM

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The Coordinating Team consists of:

US Department of Army US Fish and Wildlife Service Bureau of Reclamation Kittitas County Grant County Yakima County Washington State Department of

Transportation Power Engineers (EIS contractor) Pacific Power (Proponent)

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Other opportunities?

Future RMP planning effortsVarious EA actions such as:

Recreation Grazing Rights of Ways Or, one of the many uses that the

BLM authorizes on public land through a decision making process.

Questions?

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