Transcript The Role of Local, State and Tribal Governments in the

The Role of State, Local and
Tribal Governments in the Federal
NEPA Process
Presented by Susan E. Bromm
Director, Office of Federal Activities
United States Environmental Protection Agency
Washington, DC
September 14, 2009
Roles for All Non-Federal Participants
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All non-Federal groups (i.e. government
tribes, NGOs, and the general public)
have several ways to be involved in
Federal NEPA implementation:
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Consultation
Preparation of Environmental Assessments
Participation in Scoping for Environmental
Impact Statements (EISs)
Opportunity to Comment on draft and final EIS
Input into CEQ referrals
The Roles of State, Local, and Tribal
Governments:
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Federal agencies are required to
cooperate with state, local and
tribal governments to the fullest
extent possible, including:
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Joint planning processes
Joint environmental research and
studies
Joint public hearings
Joint environmental assessments
The Roles of State, Local, and Tribal
Governments (continued):
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State, local and tribal governments may also
serve as a co-lead with a federal agency
provided that they have a “little NEPA”
There are currently 17 states in addition to
DC, Guam, and Puerto Rico that have “little
NEPAs”
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http://www.nepa.gov/nepa/regs/states/states.cfm
Tribal governments are beginning to develop
NEPA-like TEPAs
The Roles of State, Local, and Tribal
Governments (continued):
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State, local, and tribal governments may also
serve as a “Cooperating Agency”
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As a “Cooperating Agency” they will:
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Participate in the NEPA process at the earliest
possible time
Participate in the scoping process
At the request of the lead Agency, assume
responsibility for developing information and
preparing analyses in areas where they have special
expertise
Make available staff support, as requested
Use their own funds (except lead agency should pay
for, as funds permit, activities or analyses it
requests)
Seeking a Single Coordinated
NEPA/SEPA/TEPA Decision Document
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“Where State laws or local
ordinances have environmental
impact statement requirements in
addition to but not in conflict with
those in NEPA, Federal agencies
shat cooperate in fulfilling these
requirements as well as those of
Federal laws so that one document
will comply with all applicable laws.”
40 CFR 1506.2 (c)
Institutional Challenges:
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Multiple jurisdictions
Competing missions and mandates
Different views on relative information
Contested authority
Varying types and levels of power
McKinney & Harmon, The Western Confluence: A
Guide to Governing Natural Resources (2004)
Distinctive Contributions of Non-Federal
Governments to NEPA Process
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Local knowledge
Closer ties to citizens
Greater emphasis on holistic
analyses and solutions
Sensitivity to social and economic
impacts