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HomeMy WebLinkAboutC22-115 White River National Forest_Sweetwater Lake_Cooperating Agengency Agreement Sweetwater Lake Recreation Development Project Cooperating Agency Agreement Between the White River National Forest and the Eagle County Board of Commissioners I NTRODUCTION This Cooperating Agency Agreement (CAA) establishes a cooperating agency relationship between the White River National Forest (lead agency) and the Eagle County Board of Commissioners (cooperating agency) for the purposes of preparing an environmental assessment (EA) for the Sweetwater Lake Recreation Development Project. This CAA outlines the responsibilities and procedures agreed upon by the White River National Forest (WRNF) and the Eagle County Board of Commissioners (EC). The cooperating agency relationship established through this CAA shall be governed by all applicable statutes, regulations, and policies, including, but not necessarily limited to, the Council on Environmental Quality’s National Environmental Policy Act (NEPA) regulations (in particular, 40 CFR 1501.8 and 1508.1(e)); the Forest Service’s NEPA regulations (36 CFR 220); the Forest Service’s planning directives (in particular, Forest Service Handbook 1909.15 - NEPA Handbook); and, the National Forest Management Act (NFMA, P.L. 94-588). PURPOSE The Purposes of this CAA are to: 1. Provide a framework for cooperation between WRNF and EC that will ensure successful completion of the EA for the proposed Sweetwater Lake Recreation Development Project in a timely, efficient, and integrated manner. 2. Recognize that the Forest Service is the lead agency with decision-making authority and responsibility for completion of the EA, decision notice, and proposed Sweetwater Lake Recreation Development Project. 3. Describe the respective roles and responsibilities of the WRNF and EC during the planning process. ROLES AND RESPONSIBILITIES 1. White River National Forest Responsibilities a. As the lead agency, the Forest Service retains decision-making authority and responsibility for the planning, NEPA analysis, and objection processes. This includes but is not limited to determining the purpose of and need for the project; DocuSign Envelope ID: E6EDDC81-DB8C-47A7-8E24-75A6669B5B94 identifying alternatives for analysis; analyzing effects of the proposed alternative/s; selecting the preferred alternative; and determining appropriate management plan design criteria. The WRNF is also responsible for the content of all planning and NEPA-related documents which may include, but are not limited to: scoping notice and public comment period/s, Draft Decision Notice, EA, Final Decision Notice and the project record. b. To the extent possible, the WRNF will provide EC with timely information and allow sufficient time for EC to provide meaningful input throughout the analysis and review process. The WRNF recognizes that certain requests will require more time than others and will consider this when establishing deadlines for EC input. c. To the extent possible, the WRNF will provide EC with copies of requested documents and data underlying EA development, including technical reports, comments received, and working and/or administrative drafts of public documents prior to public release with sufficient time (two weeks) to allow a reasonable opportunity for review. The WRNF will also provide final documents to EC prior to public release. d. To the greatest extent practical, the WRNF will consider the relevant comments, recommendations, data, and/or analyses provided by EC during the planning process. The WRNF will give particular consideration to those topics over which EC has jurisdiction by law or special expertise. e. The WRNF will host cooperating agency meetings approximately every two weeks to provide project updates and receive input from EC. The WRNF will provide agendas at least one week in advance of cooperating agency meetings so as to allow entities sufficient time to prepare for meeting content. 2. Eagle County Bo ard of Commissioners Responsibilities a. EC will provide information, comments, and technical expertise to the WRNF regarding those elements of the EA and the proposed Sweetwater Lake Recreation Development Project, and the data and analysis supporting its development, for which they have jurisdiction or special expertise or for which the WRNF requests their assistance. Where appropriate, EC will: i. Respond to WRNF data requests in a timely manner; ii. As available, participate in public involvement activities (e.g., public meetings, news releases and other information provided to the public, content analysis of public comments, and response to public comments); DocuSign Envelope ID: E6EDDC81-DB8C-47A7-8E24-75A6669B5B94 iii. Contribute to effects analysis; iv. Provide reviews of administrative or working drafts or other documents, as requested by the Forest Service and within timeframes requested by the Forest Service; v. Provide reviews and comments on the EA; Draft Decision Notice and final EA for the Sweetwater Lake Recreation Development Project within posted public comment period/s as requested by the Forest Service; and vi. Provide other information that is relevant to planning issues or data needs. 3. Responsibilities of all Parties a. All Parties agree to participate in this planning process in good faith and to make all reasonable efforts to resolve disagreements, should they arise. Where disagreements may impede effective and timely completion of the NEPA analysis or proposed Sweetwater Lake Recreation Development Project process, the Parties agree that the WRNF retains final responsibility for the NEPA analysis and subsequent decisions. b. All Parties agree to work within the framework and guiding principles of each respective agency’s Land Use Plan (LUP), should one exist. It is the responsibility of each Party to inform the group if their LUP conflicts with or contains direction that could impact the project timeline. If disagreements arise, the Parties agree that the WRNF retains final responsibility for the NEPA analysis and subsequent decisions. c. All Parties agree to comply with the planning schedule and acknowledge that changes to the schedule may occur. d. Each Party agrees to fund its own expenses associated with Sweetwater Lake Recreation Development Project analysis. INFORMATION MANAGEMENT EC recognizes that all supporting materials and draft documents may become part of the administrative record and may be subject to the requirements of the Freedom of Information Act and other federal statutes. PRINCIPAL CONTACTS Leanne Veldhuis Jeff Shroll Eagle-Holy Cross District Ranger County Manager White River National Forest Eagle County Government 24747 US Highway 24, PO Box 190 500 Broadway DocuSign Envelope ID: E6EDDC81-DB8C-47A7-8E24-75A6669B5B94 Minturn, CO 81645 Eagle, CO Phone: 970-471-1796 Phone: 970-328-8607 Email: leanne.veldhuis@usda.gov Email: jeff.shroll@eaglecounty.us COMMENCEMENT/EXPIRATION DATE This CAA will be effective immediately following agreement and acceptance of its contents by WRNF and EC, as indicated by the signatures below; it will expire when the planning process for the Sweetwater Lake Recreation Development Project is complete. TERMINATION OF THE CAA Any party, in writing, may terminate its participation in the CAA in whole, or in part, at any time before the date of expiration. SIGNATURES By: ____________________________________ Date:_____________________ Scott G. Fitzwilliams Forest Supervisor White River National Forest USDA Forest Service By: ____________________________________ Date:_____________________ Jeanne McQueeney Eagle County Board of Commissioners Eagle County, Colorado DocuSign Envelope ID: E6EDDC81-DB8C-47A7-8E24-75A6669B5B94 3/10/2022 3/22/2022