Participating in the NEPA Process

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Participating in the NEPA Process

• WFB NEPA Symposium
• Casper, Wyoming
• May 30, 2008

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Introductions and Background

• Harriet M. Hageman
• Kara Brighton

3
Recent Headlines

• Environmentalists Fight Wolf State
  Management
• Polar Bear listed as Threatened Species
• BLM recommends Federal Land for Energy
  Independence
• Gas Prices Soar
• BLM Imposes Restrictions for Sage Grouse

4
Todays Presentation

• Legislative Process vs. Regulatory Process
• Wyoming Conservation Alliance Mission and Role
• Wyoming Farm Bureau and WCA
• Regulatory Issues Facing Wyoming
• Endangered Species
• Energy Development

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Legislative vs. Regulatory Process

• Federal
• Senators
• Representatives
• State
• Senators
• Representatives
• Lobbyists

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Lobbyists An Integral Piece to the Puzzle

• Ensure an organizations voice is heard at the
  policy making level
• Paid to represent the organizations for its best
  interests
• Vital to ensuring an opinion or voice is heard by
  officials and lawmakers
• Work towards key policy changes, directions, and
  legislation on behalf of their interest and group

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Successful Lobbying Leads to Policy or
Legislative Goals

• Lobbying
• Wyoming Legislature
• More than 500 Registered Lobbyists Protecting
  Industry Interests
• Congress
• Most Organizations affiliate with National
  Organizations for Federal Representation
  (American Farm Bureau Agricultural Contact
  Team)

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Regulatory AgenciesThe Governments Workhorse

• Delegated duties and responsibilities to
  implement and enforce the law
• Create Rules and Regulations
• Develop Terminology, Definitions
• Interpret Law, Set Agency Priorities

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Federal and State Regulatory Authority

• Implement Statutes
• Enforce Regulations
• Examples
• Endangered Species Act
• National Environmental Policy Act

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When Legislation Becomes RegulationEndangered
Species Act

• Actual Statute - 34 Pages
• Dept. of Interior ESA Regulations
• 1660 Pages
• Agency Findings
• Agency Determinations
• Final Rules and Regulations

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National Environmental Policy Act

• Actual Statute -18 Pages
• Agency Regulations - 70 Pages

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Legislative vs. Regulatory Process

• Political Process has Limited Role in Regulatory
  Agencies
• Lobbying Role Comments
• Appointed vs. Career Agency Employees

13
Federal Agency Perspectives

• Dept. of Interior
• 72,000 Employees
• U.S. Fish and Wildlife Service
• 7,500 Employees
• Dept. of Agriculture
• 110,000 Employees
• U.S. Forest Service
• 20,000 Employees

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Wyoming Conservation AllianceMission and Role

• Inform and Educate Individuals about the State
  and Federal Regulatory Process
• Assist Individuals to Participate in the
  Regulatory Process

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WCA Mission Statement

• Organize, educate, encourage and facilitate
  participation of Wyoming businesses, ranchers,
  industry groups and local government entities in
  the Federal regulatory process.

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Federal Register Process

• Federal Agency publishes notice of proposed
  rulemaking
• Comment period (30, 60 or 90 days)
• Publish final regulations

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Wyoming AgenciesRegulatory Process

• No Clearinghouse
• Each Agency Announces Differently
• Department of Environmental Quality
• Websites not Frequently Updated
• WCA is Wyoming Agencies Federal Register

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WCA Monitoring

• State Monitoring
• Rulemaking
• Agency/Committee Meetings
• Comment Periods
• Legislative Interim Committees

• Federal Monitoring
• Proposed Rules
• Final Rules
• Nominations/Meetings
• Notices
• Grant Programs
• Oil Gas Leases
• Wyoming Interests

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Federal Agencies

• Department of Energy
• FERC
• Department of Transportation
• Federal Highway Safety Administration
• Department of Agriculture
• Forest Service

• Department of Interior
• Bureau of Land Management
• Bureau of Reclamation
• Fish and Wildlife Service
• Environmental Protection Agency

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Wyoming State Agencies

• Oil Gas Commission
• Game and Fish Department
• Department of Environmental Quality
• Air Quality
• Water Quality
• Environmental Quality Council

• State Engineers Office
• Water Development Commission
• Dept of Agriculture
• Livestock Board
• Interim Committees

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Consistent Oversight

• Leads to Consistent Participation

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WCA and Wyoming Farm Bureau

• Daily Watch
• Newsletter and Comment Calendar
• Comment Letters

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Regulatory Issues Facing Wyoming

• Endangered Species
• Wolves
• Polar Bear
• Prebles Jumping Mouse
• Sage Grouse
• Energy Development
• BLM Energy Plan
• ESA Issues

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Wolves

• Background
• March 28, 2008 State Mgt Begins
• Wyomings Management Plan
• April 28, 2008 Defenders of Wildlife
• et al sue in Montana Federal Court
• May 29, 2008 - Hearing

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Polar Bear

• May 14th listed as Threatened
• Population at all time high
• 20,000-25,000
• Habitat Melting
• Sea Ice 39 below long-term average between 1979
  to 2000
• No Current Recovery Plan
• Energy Producers Concerned

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Bureau of Land Management Proposal

• Want to Open up Federal Land
• BLM found out of the federal land that held
  potential for resources 62 oil and 41 natural
  gas is currently inaccessible for development
• Potentially 31 billion barrels of oil and 231
  trillion cubic feet of natural gas
• Untied States imports about 10 million barrels of
  oil per day
• Enough underground oil was found to sustain US
  for 8.5 years

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Prebles Jumping Mouse

• History
• Originally Listed in 1999
• Habitat Designated in Colorado and Wyoming
• Four Counties (Albany, Platte, Laramie and
  Converse)
• 2005 Proposed Rule Delist
• 2007 Decision
• Good News and Bad News

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2007 FWS Findings

• Good News
• Delist in Wyoming
• Mouse populations
• Ag Operations not Impacting
• Threat of Human Population
• Bad News
• Determined Separate Sub-Species

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Sage Grouse

• Background
• CBM Develop possibly on hold for up to two years
• Need of Connectivity in Habitat
• Jobs in Danger
• June 27th Comments

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Conclusion

• Regulatory Actions Have Greater Impact on
  Agriculture than Ever
• WCA and WFB Are Addressing
• Compiling and Distributing Information
• Assist with Comments

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Wyoming Conservation Alliance

• Promoting Wyomings Participation in the
  Regulatory Process

Cheyenne, WY 866-638-6038