HomeMy WebLinkAboutC22-382 MOU_BLM - Sage Grouse1
MEMORANDUM OF UNDERSTANDING
AMONG THE
U.S. DEPARTMENT OF INTERIOR, BUREAU OF LAND MANAGEMENT,
COLORADO STATE OFFICE
AND
EAGLE COUNTY
FOR
DEVELOPMENT OF THE
NORTHWEST COLORADO GREATER SAGE-GROUSE
RESOURCE MANAGEMENT PLAN AMENDMENT AND ENVIRONMENTAL
IMPACT STATEMENT
I. Introduction
The U.S. Department of the Interior, Bureau of Land Management, Colorado State Office
(herein referred to as “BLM”), and Eagle County (herein referred to as “Cooperator”),
collectively referred to herein as “the Parties,” enter this Memorandum of Understanding
(“MOU”) establishing a cooperating agency relationship, providing a framework for
cooperation and coordination, and documenting agreed upon procedures, roles, and
responsibilities associated with the preparation of a proposed Northwest Colorado Greater
Sage-Grouse Resource Management Plan Amendment and Environmental Impact
Statement (RMPA/EIS).
The BLM is the lead agency with responsibility for the completion of the Resource
Management Plan Amendment (“RMPA), Environmental Impact Statement (“EIS”), and
the Record of Decision (“ROD”). The BLM acknowledges that the Cooperator has special
expertise applicable to the RMPA/EIS effort, as defined at 40 CFR 1508.1. Eagle County is
a Cooperating Agency due to special expertise with County plans and resources within the
County.
The cooperating agency relationship established through this MOU shall be governed by all
applicable statutes, regulations, and policies, including the Council on Environmental
Quality’s National Environmental Policy Act (NEPA) regulations (in particular, 40 CFR
1501.7-8), the BLM’s planning regulations (in particular, 43 CFR 1601.0-5, 1610.3-1, and
1610.4), and the Department of the Interior Manual (516 DM 2.5). This MOU will facilitate
an environmental review process that will satisfy the purpose for the RMPA/EIS.
II. Background
The BLM amended or revised land use plans in 2014 and 2015 in the States of California,
Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, and
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Wyoming (2015 Sage-Grouse Plan Amendments) to provide for greater sage-grouse (GRSG)
conservation on public lands. Subsequently, the BLM amended several of those plans in 2019
in the States of California, Colorado, Idaho, Nevada, Oregon, Utah, and Wyoming (2019
Sage-Grouse Plan Amendments). On October 16, 2019, the United States District Court for
the District of Idaho preliminarily enjoined the BLM from implementing the 2019 Sage-
Grouse Plan Amendments (Case No. 1:16-CV-83-BLW).
This current planning process will build off the existing 2015 and 2019 amendments by
incorporating new science, climate change considerations, and address continued GRSG and
sagebrush habitat loss and GRSG population declines. Where existing planning decisions are
still valid, those decisions may remain unchanged. Throughout the prior planning efforts,
GRSG planning and management has consistently been a collaboration with cooperating
agencies, based on science, and it will continue to be.
To take full advantage of the prior GRSG planning efforts, the BLM is preparing individual
state EISs for this planning effort. The RMPA/EIS prepared under the terms of this MOU is
part of that larger BLM GRSG planning effort that is considering amendments to BLM land
use plans in multiple states within the range of GRSG.
Within Northwest Colorado, the BLM manages approximately 1.8 million acres of GRSG
habitat within the Colorado River Valley Field Office, the Grand Junction Field Office, the
Kremmling Field Office, the Little Snake Field Office, and the White River Field Office.
III. Purpose
A. To recognize the BLM as the lead agency with responsibility for the completion
of the RMPA/EIS and ROD. The BLM determined an EIS should be prepared to
analyze the impacts of the proposed Project because the effects of the Proposed Action
are likely to significantly affect the quality of the human environment.
B. To recognize Eagle County as a Cooperating Agency in the RMPA/EIS process.
C. To provide a framework for cooperation and coordination between the BLM and the
Cooperator that will ensure successful completion of the RMPA/EIS in a timely,
efficient, and thorough manner that satisfies compliance requirements, including
completion of a document in less than two years (Notice of Intent to ROD) and that is
less than 150 pages in length, excluding appendices.
D. To formalize the commitment among the Parties regarding their respective
responsibilities and expertise in the RMPA/EIS process.
IV. Authority
A. The authorities of the BLM to enter into and engage in the activities described within
this MOU include, but are not limited to:
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1. National Environmental Policy Act of 1969 (42 U.S.C. § 4321 et seq.).
2. Federal Land Policy and Management Act of 1976 (43 U.S.C. § 1701 et seq.).
B. Regulations implementing the above authorities:
1. Council on Environmental Quality regulations (40 CFR §§ 1501.7 and 1501.8.).
2. U.S. Department of the Interior’s NEPA regulations, 43 CFR § 46 et seq., and its
regulation regarding Cooperating Agencies, 43 CFR § 46.225(d).
3. Bureau of Land Management planning regulations (43 CFR § 1601 et seq.).
C. The authorities for Cooperator to enter into this MOU include, but are not limited to:
1. Colo. Const. art. XIV, § 18(2)(a).
2. C.R.S. §30-11-101.
3. C.R.S. § 29-1-203.
This MOU does not grant the signatories any additional rights or powers, nor does it excuse
the signatories from fulfilling any other statutory obligation they might have. Each Party is
responsible for its own actions/omissions. This MOU does not incur upon the signatories a
shared statutory responsibility to fulfill the obligations of the other signatories.
V. Roles and Responsibilities
A. Responsibilities of all Parties:
1. The Parties agree to participate in this planning process in good faith and make
all reasonable efforts to resolve disagreements.
2. Each party agrees the RMPA/EIS will be prepared in 150 pages or fewer
(excluding appendices) and will be completed within two years of Notice of Intent
publication (unless a senior agency official of the lead agency approves a longer
period in writing and establishes a new time limit pursuant to 43 CFR §
1501.10(b)(2)).
3. The Parties agree to comply with the planning schedule provided as Attachment
B, which includes dates for RMPA/EIS milestones and timeframes for
Cooperating Agency reviews and submissions.
4. Each Party agrees to fund its own expenses associated with the project. This
MOU does not authorize funding from or to either party.
5. The Parties agree to carefully consider whether proposed meetings or other
activities would waive the Unfunded Mandates Reform Act exception to the
Federal Advisory Committee Act (2 U.S.C. § 1534(b) and 5 U.S.C App.).
B. Lead Agency (BLM) Responsibilities:
1. As lead agency, the BLM retains final responsibility for the content of all
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planning and NEPA documents, which include the draft EIS, final EIS, and the
ROD. The BLM’s responsibilities include determining the purpose of and need
for the EIS, selecting alternatives for analysis, identifying effects of the proposed
alternatives, and selecting the preferred alternative. In meeting these
responsibilities, the BLM will follow all applicable statutory and regulatory
requirements.
2. To the fullest extent consistent with its responsibilities as lead agency, the BLM
will consider the comments, recommendations, data, and/or analyses provided
by the Cooperator in the RMPA/EIS process, giving particular consideration to
those topics on which the Cooperators are acknowledged to possess jurisdiction
by law or special expertise.
3. To the fullest extent practicable, after consideration of the effect such releases
may have on the BLM’s ability to withhold this information from other parties,
the BLM will provide the Cooperators with copies of documents underlying the
EIS relevant to the Cooperators’ responsibilities, including technical reports,
data, analyses, comments received, and working drafts related to environmental
reviews.
4. Ensure that Parties receive the internal draft EIS and internal final EIS and have
an opportunity to review and comment on the documents. Additionally,
responsibilities include coordinating with Cooperating Agencies during
opportunities outlined in Attachment A.
5. Provide the schedule to Cooperating Agencies as soon as it is available. The
schedule may or may not be modified if a party cannot meet a milestone.
Overview of milestones are outlined in Attachment B.
6. Maintain records management and the decision file to provide for the official
Project Record, protecting all proprietary information and data collected to the
extent allowed by the Freedom of Information Act, the Privacy Act, and/or other
Federal law.
7. BLM shall have the lead role for National Historic Preservation Act (NHPA)
and Section 106 compliance as well as NEPA compliance. This lead agency
designation includes fulfilling the collective responsibilities of the Cooperating
Federal Agencies under Section 106 of the NHPA for this undertaking on
federally owned or managed lands, including tribal consultation per 36 CFR §
800.2(a)(2).
8. BLM shall assume the lead role for special status species Section 7 consultation
of Endangered Species Act.
C. Cooperating Agency (Eagle County) Responsibilities:
1. Eagle County participating as a Cooperating Agency in this RMPA/EIS process
is recognized to have special expertise in the following areas within the County:
local land use information; resource management; recreation; socioeconomics;
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soliciting public opinion; and engaging in matters relating to public land use and
other county matters.
2. The Cooperator will provide information, comments, and technical expertise to
the BLM regarding those elements of the RMPA/EIS, and the data and analyses
supporting them, in which it has special expertise or for which the BLM requests
their assistance.
3. Within the areas of their special expertise, the Cooperator may participate in
activities that include, but are not limited to providing guidance on public
involvement strategies; identifying data needs; assisting with alternative
development to resolve issues; identifying effects of alternatives; and providing
written comments on administrative drafts of the RMPA/EIS and supporting
documents (participation identified in Attachment A).
4. Provide comments within the timeframe identified in the schedule. Limit
comments to those matters for which the Cooperating Agency has special
expertise with respect to any environmental issue (40 CFR § 1501.8(7)).
5. If a milestone is anticipated to be missed, elevate any issue that may affect the
ability to meet the schedule to BLM for timely resolution. Additional time may
not be granted.
VI. Other Provisions
A. Authorities not altered. Nothing in this MOU alters, limits, or supersedes the
authorities and responsibilities of any Party on any matter within their respective
jurisdictions. Nothing in this MOU shall require any of the Parties to perform
beyond its respective authority.
B. Immunity and Defenses Retained. Each Party retains all immunities and defenses
provided by law with respect to any action based on or occurring as a result of this
MOU.
C. Conflict of interest. The Parties agree not to utilize any individual or organization for
purposes of plan development, environmental analysis, or Cooperator
representation, including officials, employees, or third-party contractors, having a
financial interest in the outcome of the RMPA/EIS. Questions regarding potential
conflicts of interest should be referred to BLM HQ or Field Ethics Counselors for
resolution.
D. Documenting disagreement or inconsistency. Where the BLM and one or more
Cooperators disagree on substantive elements of the RMP/EIS (such as designation
of the alternatives to be analyzed or analysis of effects), and these disagreements
cannot be resolved, the BLM will include a summary of the Cooperators’ views in
the Draft RMPA/Draft EIS and the Proposed RMP/Final EIS. The BLM will also
describe substantial inconsistencies between its preferred alternative and the
objectives of state, local, or tribal land use plans and policies.
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E. Management of information. Any records or documents generated as a result of this
MOU shall become part of the official BLM record maintained in accordance with
BLM record management policies. Eagle County acknowledges 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 (FOIA) and
other federal statutes. The Cooperating Agencies will keep confidential and protect
from public disclosure any and all documents related to, or generated by, this
agreement unless otherwise required by law. BLM will determine their suitability
for public review or release under the provisions of the Freedom of Information Act
(FOIA), Privacy Act, and in accordance with Department of Interior or BLM
regulations. The BLM acknowledges that Eagle County’s handling of these
materials may be impacted by state-specific open records laws. The Parties agree
that the BLM at its discretion may withhold from the cooperator those documents
that would otherwise be available for public release under (C.R.S. §§ 24-72-201 to
206)
F. Conflict Resolution. The Parties agree to make reasonable efforts to resolve
procedural or substantive conflicts. In the event any disagreement between the
parties cannot be resolved between the parties in a reasonable time, either party may
refer the disagreement to the Colorado BLM State Director to timely resolve the
issue. The decision of the Colorado BLM State Director will be the final decision for
purposes of resolving the issue. The Parties acknowledge that BLM retains final
responsibility for the analysis and decisions identified in the EIS and ROD.
G. The BLM will retain a contractor to assist with portions of the RMPA/EIS
preparation. Cooperators may communicate with the contractor only through BLM’s
representative. The Cooperator acknowledges that the BLM retains the exclusive
responsibility to authorize modifications to the contract, and that the Cooperator is
not authorized to provide technical or policy direction regarding the performance of
the contract.
H. Contingent Upon Appropriations and Authorization. Where activities provided for in
the agreement extend beyond the current fiscal year, continued expenditures by the
United States are contingent upon Congress making the necessary appropriations
required for the continued performance of the United States’ obligations under the
agreement.
I. Contingent on Apportionment or Allotment of Funds. The expenditure or advance of
any money or the performance of any obligation of the United States under this
MOU shall be contingent upon appropriation or allotment of funds. No liability shall
accrue to the United States for failure to perform any obligation under this MOU in
the event that funds are not appropriated or allotted.
VII. Agency Representatives
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Each Party will designate a representative as described in Attachment C to ensure
coordination between the Cooperator and the BLM during the planning process. Each Party
may change its representative by providing written notice to the other Parties.
VIII. Administration of the MOU
A. Approval: This MOU becomes effective upon signature by the authorized officials
of the BLM and the Cooperator.
B. Amendment: This MOU may be amended through written agreement of all
signatories.
C. Termination: If not terminated earlier, this MOU will end when the Proposed
RMPA/Final EIS is accepted by the BLM State Director. Any Party may end its
participation in this MOU by providing written notice to the other Party.
D. Withdrawal: Any party may withdraw from the MOU with 30 days written notice.
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IX. Signatures
The Parties hereto have executed this MOU on the dates shown below.
BUREAU OF LAND MANAGEMENT (LEAD AGENCY)
By: Date:
Alan Bittner, Deputy State Director - Resources
BLM Colorado
EAGLE COUNTY (COOPERATING AGENCY)
By: Date:
Jeff Shroll, County Manager
Eagle County, Colorado, by and through its County Manager
Digitally signed by ALAN
BITTNER
Date: 2022.11.15 15:53:46
-07'00'
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11/21/2022
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Attachment A
Cooperating Agency Participation in the Northwest Colorado
Greater Sage-Grouse RMPA/EIS
RMPA/EIS Stage Potential Activities of Cooperating Agencies within
acknowledged areas of expertise
Data sharing and
identify issues Identify data needs; provide data and technical analyses within the
cooperator’s expertise. Identify coordination or consultation
requirements; identify significant issues; identify relevant local and
regional organizations and interest groups; provide non-financial
sponsorship of public forums with the BLM; collaborate in
assessing scoping comments following the NOI.
Develop planning criteria Provide any advice on proposed planning criteria. Identify pertinent
elements of relevant plans and legal requirements that shape other
policies and responsibilities.
Baseline assessment Provide input on the Affected Environment, such as information
on local monitoring and baseline data related to expertise.
Formulate alternatives May cooperate with the BLM Colorado State Office in developing
alternatives. Suggest goals and objectives for potential alternatives.
Suggest land allocations or management actions to resolve issues.
Suggest management actions to resolve issues.
Estimate effects of
alternatives Review, and where appropriate, may develop effects analysis
within area of expertise; suggest models and methods of impact
analysis; suggest mitigation measures for adverse effects.
Select the preferred
alternative; issue Draft
RMP/EIS
Cooperate with the BLM Colorado State Office in evaluating
alternatives and in developing criteria for selecting the preferred
alternative; provide input on internal-Draft RMPA/EIS.
Cooperating agencies may provide written, public comments on
Draft RMPA/Draft EIS if desired. Decision to select a preferred
alternative and to issue a Draft is reserved to the BLM.
Respond to comments As appropriate, review comments within expertise and provide
assistance in preparing the BLM’s responses.
Issue Proposed RMP/FEIS Action reserved to the BLM.
Initiate Governor’s
Consistency
Review
Once initiated by the BLM, State Cooperating Agencies may
contribute to the Governor’s Consistency Review.
Resolve protests;
modify Proposed
RMP/FEIS if needed
Action reserved to the BLM. A cooperator that has provided
information relevant to a protest may be asked for clarification.
Cooperating relationship does not negate an agency’s or
government’s rights to comment or protest the decision.
Sign ROD Action reserved to the BLM.
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Attachment B:
Schedule Overview
Preliminary Schedule:
Please note that the dates are general, and the timeframes are approximate. The BLM’s intent is to
complete an informed process in a timely manner.
RMPA/EIS Stage Approximate Timeframe
Conduct scoping and identify issues November 2021-March 2022
Collect inventory data February-July 2022
Formulate alternatives July-September 2022
Analyze effects of alternatives September-October 2022
Internal/Cooperating Agency Review of
Administrative Draft RMP Amendment/Draft EIS
December 2022
Issue Draft RMP Amendment/Draft EIS February-March 2023
90-Day Public Comment Period March-June 2023
Respond to comments June-August 2023
Internal/Cooperating Agency Review of
Administrative Proposed RMP Amendment/Final
EIS
August-September 2023
Issue Proposed RMP Amendment/Final EIS November 2023
30-Day Protest Period and 60-Day Governor’s
Consistency Review
November 2023-January 2024
ROD March 2024
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Attachment C
Agency Representatives
Bureau of Land Management
Primary Representative:
Leah Waldner
BLM Colorado – Sage-Grouse Coordinator
lwaldner@blm.gov
970-244-3045
Backup Representative:
Roger Sayre
BLM Colorado – Planning & Environmental Coordinator
rsayre@blm.gov
303-239-3709
Eagle County
Primary Representative:
Name: Marcia Gilles
Title: Director Open Space and Natural Resources
Email: marcia.gilles@eaglecounty.us
Phone: 970-230-1583
Backup Representative:
Name: Maureen Mulcahy
Title: Natural Resource Specialist
Email: marueen.mulcahy@eaglecounty.us
Phone
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