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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eacv Activities ___ Part 505 Enviro
2.1 Early Involvement. Early Fish and Wildlife Service (Service)
involvement with other agencies in project planning and National
Environmental Policy Act (NEPA) scoping is necessary for achieving full
consideration of fish and wildlife resource values and for resolving
resource conflicts. When environmentally acceptable and unacceptable
actions are identified early in the planning process, the need for
subsequent intensive Service review of environmental documents and other
project reviews is reduced and fewer project revisions are required late in
the planning process. Early involvement can occur prior to scoping, during
scoping, or as a cooperating agency.
2.2 Cooperating Agencies. Basic procedures for cooperating agencies are
described in 40 CFR 1501.6. Service responsibilities for compliance with
40 CFR 1501.6 are described in 032 FW, 505 FW 1.6, and 516 DM 2.5.
A. NEPA Regulations. The Council on Environmental Quality's (CEQ) NEPA
regulations point out two instances in which an agency may be requested to
cooperate: jurisdiction by law or special expertise. The Department of the
Interior's (DOI} Environmental Statement Memorandum No. ES84-3 lists
Federal agencies with jurisdiction by law or special expertise on
environmental quality issues (refer. to Service NEPA Reference Handbook).
If the Service has significant jurisdiction by law, CEQ's~NEPA regulations
state that the Service shall be a cooperating agency, if requested.
Examples of significant jurisdiction by law include actions that may
significantly affect lands and water administered under the National
Wildlife Refuge System, or lands and waters administered as national fish
hatcheries. The issuance of permits, consultation, or reporting
requirements are not sufficient to be deemed significant jurisdiction by
law, within the meaning of CEQ's NEPA regulations. If the Service does not
have significant jurisdiction, but has special expertise on certain
environmental issues (e.g., protection of wetlands, protection of
threatened and endangered species}, CEQ's NEPA regulations state that the
Service may be a cooperating agency.
B. Cooperating Agency Request. The request to be a cooperating agency may
involve technical assistance or review of early planning efforts, as is
required in scoping, or the Service could be requested to develop specific
information and/or to prepare analyses, including writing portions of an
environmental impact statement (EIS). The level of commitment is
negotiable, will be determined on a case-by-case basis, and may involve
deliberations between the lead agency and the Service field office. When a
major commitment of resources will be necessary, the Regional Director or
designee should negotiate with the lead agency or applicant for a transfer
of funds. The lead agency still makes the final decision as to the content
of its EIS. Exhibit I depicts the process for evaluating a request to be a
cooperating agency.
C. Negotiations. The Service normally does not have the capability to
develop basic data because of precommitted and limited staff resources.
The Service can, however, provide available information, professional