Appendix 29: Reporting Cooperating Agencies in Implementing the Procedural Requirements of NEPA

AuthorNicholas C. Yost
Pages515-522
Reporting Cooperating Agencies in Implementing the Procedural Requirements of NEPA Page 515
December 23, 2004
MEMORANDUM FOR THE HEADS OF FEDERAL AGENCIES
FROM: JAMES L. CONNAUGHTON
SUBJECT: REPORTING COOPERATING AGENCIES IN IMPLEMENTING THE
PROCEDURAL REQUIREMENTS OF THE NATIONAL ENVIRONMENTAL
POLICY ACT
The January 30, 2002, Memorandum for Heads of Federal Agencies, Subject:
Cooperating Agencies in Implementing the Procedural Requirements of the National
Environmental Policy Act1, consistent with the President’s commitment to increase local
participation and facilitate cooperative conservation, established a reporting requirement for all
EISs and EAs. The purpose of this Memorandum is to establish a revised report to ensure that
all Federal agencies are consistently reporting designation of Federal and non-federal
cooperating agencies in the preparation of analyses and documentation required by the National
Environmental Policy Act (NEPA). 2
This memorandum ends the six month reporting requirement and establishes an improved
reporting mechanism. We developed the new report format based on recommendations from
your agencies to more accurately measure our progress in assuring cooperating agency status to
federal and non-federal governmental bodies that qualify for such status. CEQ will convene an
interagency work group to develop metrics applicable to all agencies for using the reports to
improve agency NEPA processes and decisionmaking.
Agencies of the Federal government responsible for preparing NEPA analyses will now
report once each fiscal year (FY). The report will be due three months after the close of the FY.
For example, the first such report for October 1, 2004 through September 30, 2005 will be due
on January 3, 2006.
For EISs with a Notice of Intent published between October 1, 2004 and September 30,
2005, the lead agency will report: (1) the title of the EIS; (2) the names of the cooperating
agencies for the EIS; (3) the names of agencies who declined an invitation to participate as a
cooperating agency or who requested but failed to reach agreement on establishing cooperating
agency status and agencies whose cooperating agency status was ended, and the reason(s)
1 Available at http://ceq.eh.doe.gov/nepa/regs/guidance.html
2 Cooperating agency status under NEPA is not equivalent to other requirements calling for an agency to engage
another governmental entity in a consultation or coordination process (e.g., Endangered Species Act section 7,
National Historic Preservation Act section 106). Agencies are urged to integrate NEPA requirements with other
environmental review and consultation requirements (40 C.F.R. § 1500.2(c)); and reminded that establishing or
ending cooperating agency status does not satisfy or end those other requirements.

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