9629

• UCREFRP Catalog Number: 9629
• Author: U.S. Fish and Wildlife Service.
• Title: Selected NEPA Documents.
• USFW Year: 1993.
• USFW - Doc Type: \
• Copyright Material: NO

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designation:
(1) Magnitude of agency's involvement.
(2) Project approval/disapproval authority.
(3) Expertise concerning the action's environmental effects.
(4) Duration of agency's involvement.
(5) Sequence of agency's involvement.
(d) Any Federal agency, or any State or local agency or private person substantially
affected by the absence of lead agency designation, may make a written request to the
potential lead agencies that a lead agency be designated.
(e) If Federal agencies are unable to agree on which agency will be the lead agency or if
the procedure described in paragraph (c) of this section has not resulted within 45 days in a
lead agency designation, any of the agencies or persons concerned may file a request with the
Council asking it to determine which Federal agency shall be the lead agency.
A copy of the request shall be transmitted to each potential lead agency. The request shall
consist of:
(1) A precise description of the nature and extent of the proposed action.
(2) A detailed statement of why each potential lead agency should or should not be the
lead agency under the criteria specified in paragraph (c) of this section.
(f) A response may be filed by any potential lead agency concerned within 20 days after
a request is filed with the Council. The Council shall determine as soon as possible but not
later than 20 days after receiving the request and all responses to it which Federal agency
shall be the lead agency and which other Federal agencies shall be cooperating agencies.
1501.6 Cooperating agencies.
The purpose of this section is to emphasize agency cooperation early in the NEPA
process. Upon request of the lead agency, any other Federal agency which has jurisdiction
by law shall be a cooperating agency. In addition any other Federal agency which has
special expertise with respect to any environmental issue, which should be addressed in the
statement may be a cooperating agency upon request of the lead agency. An agency may
request the lead agency to designate it a cooperating agency.
(a) The lead agency shall:
(1) Request the participation of each cooperating agency in the NEPA process at the
earliest possible time.
(2) Use the environmental analysis and proposals of cooperating agencies with
jurisdiction by law or special expertise, to the maximum extent possible consistent with its
responsibility as lead agency.
(3) Meet with a cooperating agency at the latter's request.
(b) Each cooperating agency shall:
(1) Participate in the NEPA process at the earliest possible time.
(2) Participate in the scoping process (described below in SS 1501.7).
(3) Assume on request of the lead agency responsibility for developing information and
preparing environmental analyses including portions of the environmental impact statement
concerning which the cooperating agency has special expertise.