Appendix 25: Cooperating Agencies in Implementing the Procedural Requirements of NEPA

• Author: Nicholas C. Yost
• Pages: 453-458

Cooperating Agencies in Implementing the Procedural Requirements of NEPA Page 453

January 30, 2002

MEMORANDUM FOR THE HEADS OF FEDERAL AGENCIES

FROM: JAMES CONNAUGHTON, Chair

SUBJECT: COOPERATING AGENCIES IN IMPLEMENTING THE

PROCEDURAL REQUIREMENTS OF THE NATIONAL ENVIRONMENTAL

POLICY ACT

The purpose of this Memorandum is to ensure that all Federal agencies are

agencies in the preparation of analyses and documentation required by the

National Environmental Policy Act (NEPA), and to ensure that Federal

NEPA processes. The CEQ regulations addressing cooperating agencies

status (40 C.F.R. §§ 1501.6 & 1508.5) implement the NEPA mandate that

Federal agencies responsible for preparing NEPA analyses and

documentation do so "in cooperation with State and local governments" and

other agencies with jurisdiction by law or special expertise. (42 U.S.C. §§

4331(a), 4332(2)). Despite previous memoranda and guidance from CEQ,

some agencies remain reluctant to engage other Federal and non-federal

agencies as a cooperating agency. In addition, some Federal agencies

remain reluctant to assume the role of a cooperating agency, resulting in an

inconsistent implementation of NEPA.

Studies regarding the efficiency, effectiveness, and value of NEPA analyses

conclude that stakeholder involvement is important in ensuring

decisionmakers have the environmental information necessary to make

informed and timely decisions efficiently. Cooperating agency status is a

nor diminishes the decisionmaking authority of any agency involved in the

beyond those found in current laws and regulations, nor does it require an

agency to provide financial assistance to a cooperating agency.

The benefits of enhanced cooperating agency participation in the

preparation of NEPA analyses include: disclosing relevant information early

in the analytical process; applying available technical expertise and staff

support; avoiding duplication with other Federal, State, Tribal and local

procedures; and establishing a mechanism for addressing intergovernmental

issues. Other benefits of enhanced cooperating agency participation include

governmental roles in the NEPA process, as well as enhancing agencies’

ability to adopt environmental documents. It is incumbent on Federal agency

officials to identify as early as practicable in the environmental planning

have jurisdiction by law and special expertise with respect to all reasonable

alternatives or significant environmental, social or economic impacts

associated with a proposed action that requires NEPA analysis.

The Federal agency responsible for the NEPA analysis should determine

responsibilities of becoming a cooperating agency under 40 C.F.R. § 1501.6.

become cooperating agencies, they should still be considered for inclusion in

lists for review and comment on the NEPA documents. Federal agencies

declining to accept cooperating agency status in whole or in part are

obligated to respond to the request and provide a copy of their response to

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Memorandum for the Heads of Federal Agencies