FROM: JAMES CONNAUGHTON, Chair

SUBJECT: COOPERATING AGENCIES IN IMPLEMENTING THE PROCEDURAL REQUIREMENTS OF THE NATIONAL ENVIRONMENTAL POLICY ACT

The Council on Environmental Quality (CEQ) regulations addressing cooperating agencies status implement the NEPA mandate that Federal agencies responsible for preparing NEPA analyses and documentation do so "in cooperation with State and local governments" and other agencies with jurisdiction by law or special expertise. The attached memorandum reminds Federal agencies of the importance of including State governmental entities in the NEPA process and emphasizes the importance of establishing cooperating agency status when appropriate.

In cases where your State has either jurisdiction by law or special expertise you should consider accepting or requesting an invitation to participate in the NEPA process as a cooperating agency. In those cases where cooperating agency status is not appropriate, you should consider opportunities to provide information and comments to the agencies preparing the NEPA analysis and documentation. CEQ supports your involvement in ensuring that Federal decisionmakers have the environmental information necessary to make informed and timely decisions efficiently.

The benefits of enhanced cooperating agency participation in the preparation of Environmental Assessments (EAs) and Environmental Impact Statements (EISs), described in the enclosed memorandum include fostering intergovernmental trust (e.g., partnerships at the State and local level) and a common understanding and appreciation for various governmental roles in the NEPA process. It is important for your State to consider both the authority and capacity to assume the responsibilities of a cooperating agency and to remember that a State role in the environmental analysis neither enlarges nor diminishes the final decisionmaking authority of any State or Federal agency involved in the NEPA process.

If you have any questions concerning this memorandum, please contact Horst G. Greczmiel, Associate Director for NEPA Oversight at 202-395-5750, Horst_Greczmiel@ceq.eop.gov, or 202-456-0753 (fax).