New BLM Planning Rules Clarify Cooperating Agency Status

摘要

In March 2005, the Bureau of Land Management (BLM) issued a final rule modifying its planning regulations in three respects. 70 Fed. Reg. 14,561 (Mar. 23,2005) (to be codified in various sections of 43 C.F.R. pt. 1600) First, the new rule defines "cooperating agency" and "eligible cooperating agency." Second, the rule clarifies the responsibility of BLM managers to offer cooperating agency status to qualified agencies and governments, and to respond to requests for cooperating agency status. Finally, the rule clarifies the role of cooperating agencies in the various steps of BLM's planning process by identifying specific benchmarks where cooperating agencies will provide feedback to the BLM. The new rule defines a "cooperating agency" as an "eligible governmental entity that has entered into a written agreement with the BLM establishing cooperating agency status in the planning and NEPA process. BLM and the cooperating agency will work together on the terms of the agreement. Cooperating agencies will participate in the various steps of BLM's planning process as feasible, given the constraints of their resources and expertise." 70 Fed. Reg. 14,561, 14,566 (Mar. 23, 2005) (to be codified at 43 C.F.R. § 1601.0-5(e)). An "eligible cooperating agency" is defined as a "Federal agency other than a lead agency that is qualified to participate in the development of environmental impact statements . . . or a federally recognized Indian tribe, a state agency, or a local government agency with similar qualifications." M, at 14,565-66 (to be codified at 43 C.F.R. para. 1601.0-5(d).