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HomeMy WebLinkAboutbocc.packet.07232014 - BLM Memorandum of Understanding AGENDA ITEM SUMMARY REGULAR MEETING DATE: July 23, 2014 AGENDA ITEM TITLE: A Resolution of the Board of County Commissioners of Pitkin County, Colorado Approving and Authorizing the Execution of a Memorandum of Understanding Between the Board of County Commissioners of Pitkin County, Colorado and the Bureau of Land Management STAFF RESPONSIBLE: Chris Seldin, Assistant County Attorney ISSUE STATEMENT: This the first reading of a resolution approving and authorizing the Chair or his designee to execute, a Memorandum of Understanding(MOU) that sets forth roles and responsibilities for cooperating agencies as agreed to between the Pitkin County Board of County Commissioners and the Colorado River Valley Field Office of the Bureau of Land Management (BLM) for the purposes of collaborative planning and production of an Environmental Impact Statement(EIS) for Previously Issued Oil and Gas Leases in the White River National Forest. BACKGROUND: The purpose of the attached MOU is to memorialize a"cooperating agency"relationship between the United States Bureau of Land Management and Pitkin County with respect to a process initiated this spring pursuant to the National Environmental Policy Act("NEPA"). BLM launched this NEPA process in significant measure due to a ruling secured by Pitkin County in 2007 from the Interior Depaitiuent's Board of Land Appeals. That ruling made clear that some 20 federal oil and gas leases in the Thompson Divide area of Pitkin County were issued in violation of NEPA in 2003. Due in significant measure to joint efforts of Pitkin County, the Town of Carbondale, the City of Glenwood Springs and the Roaring Fork Valley community as a whole, BLM has acknowledged that the Thompson Divide leases were issued in violation of law and that it must now comply with NEPA to determine whether the leases should be affirmed, modified or canceled. By participating as a cooperating agency, Pitkin County will have a seat at the table with BLM as the NEPA process unfolds, and will be in a position to share important information that the County and others have generated concerning impacts to natural and community resources in the Thompson Divide area and the larger Roaring Fork Valley region. The City of Glenwood Springs, the Town of Carbondale and other local jurisdictions including Garfield County, Rio Blanco County, Rifle, Silt, Debeque and Meeker have also been invited to participate as cooperating agencies. 1 The County Attorney's Office has reviewed the form of the attached MOU and recommends approval. LINK TO STRATEGIC PLAN: Safe and healthy community; environmental protection KEY DISCUSSION ITEMS: Whether or not to approve the MOU which furthers the County's overall participation in efforts to protect the Thompson Divide. BUDGETARY IMPACT: None or minimal RECOMMENDED BOCC ACTION: Approve resolution and set for second reading and public hearing on August 13, 2014. ATTACHMENTS: Resolution, Memorandum of Understanding 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE BUREAU OF LAND MANAGEMENT RESOLUTION NO. -2014 1. This Memorandum of Understanding is to memorialize a"cooperating agency" relationship between the United States Bureau of Land Management and Pitkin County with respect to a process initiated this spring pursuant to the National Environmental Policy Act("NEPA"). 2. The BLM launched this NEPA process in significant measure due to a ruling secured by Pitkin County in 2007 from the Interior Department's Board of Land Appeals that made clear that some 20 federal oil and gas leases in the Thompson Divide area of Pitkin County were issued in violation of NEPA in 2003. 3. Due in significant measure to joint efforts of Pitkin County, the Town of Carbondale, the City of Glenwood Springs and the Roaring Fork Valley community as a whole, BLM has acknowledged that the Thompson Divide leases were issued in violation of law and that it must now comply with NEPA to determine whether the leases should be affirmed, modified or canceled. 4. By participating as a cooperating agency, Pitkin County will have a seat at the table with BLM as the NEPA process unfolds, and will be in a position to share important information that the County and others have generated concerning impacts to natural and community resources in the Thompson Divide area and the larger Roaring Fork Valley region. 5. The terms are set forth, and the Chair(or Chair's designee) shall be authorized to sign a Memorandum of Understanding in substantially the form as approved by the County Attorney. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that the Chair or his designee, shall approve and be authorized to execute a Memorandum of Understanding between the Board of County Commissioners and the Bureau of Land Management. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON JULY 23, 2014. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON JULY 24, 2014. 1 NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.aspenpitkin.com) ON JULY 25, 2014. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON AUGUST 13, 2014. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON , 2014. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.aspenpitkin.com) ON , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS By By: Jeanette Jones Robert A. Ittner, Jr., Chair Deputy County Clerk Date: APPROVED AS TO FORM: MANAGER APPROVAL John Ely, County Attorney Jon Peacock, County Manager 2 Of (rota OF rye NATIONAL $T:R MSTEMENT OF PUBLIMFN OR IC LANDS 41/ LAND MANAGEMENT ti United States Department of the Interior `U`""` BUREAU OF LAND MANAGEMENT •t • • Colorado River Valley Field Office 2300 River Frontage Road Silt,Colorado 81652 IN REPLY REFER TO: MOU MEMORANDUM OF UNDERSTANDING Between PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS And the BUREAU OF LAND MANAGEMENT I. Introduction This Memorandum of Understanding (MOU) sets forth roles and responsibilities for Cooperating Agencies as agreed to between Pitkin County Board of County Commissioners and the Colorado River Valley Field Office (CRVFO)of the Bureau of Land Management (BLM)for the purposes of collaborative planning and production of an Environmental Impact Statement (EIS)for Previously Issued Oil and Gas Leases in the White River National Forest. II. Purpose The Bureau of Land Management in carrying forth its responsibilities and mandates under the National Environmental Policy Act and Council of Environmental Quality regulations at 40 Code of Federal Regulations (CFR), Part 1500 and the Federal Land Policy and Management Act (as amended) CFR Part 1600 recognizes a compelling need to ensure that the interests of the Pitkin County Board of County Commissioners are accounted for, and that the County is meaningfully involved in the EIS process. As such the Pitkin County Board of County Commissioners has indicated an interest in and the BLM has agreed to grant Cooperating Agency Status pursuant to 40 CFR 1501.6, 1501.2, and 1501.8. Under these regulations, the BLM recognizes that the Pitkin County Board of County Commissioners has expertise as it relates to social and economic conditions, transportation systems and networks, history, resources, use, management and institutions. III. Agency Designations Each participating entity will designate one or two primary representatives to act as points of contact in ensuring coordination between the Pitkin County Board of County Commissioners and BLM during the planning process. An entity may change its points of contact at any time by providing written notice to the other party. Appendix A specifies the primary representatives. Cooperating agencies may also bring specialists concerning specific topic areas when discussion warrants such expertise. IV. Authorities for Agreement The authority of the Bureau of Land Management and Pitkin County Board of County Commissioners to participate in this agreement is provided by the National Environmental Policy Act, 42 USC 4321 et seq. and 40 CFR 1501.6-Cooperating Agencies, 1506.2-Elimination of Duplication with State and Local Procedures, and 1508.5-Cooperating Agency(CA). Additional authorities rest in the Federal Land Policy Management Act, 43 USC 1712 et seq. which mandate coordination of planning and management efforts with the programs of state and local governments which may be affected by BLM planning actions. V. Roles and Responsibilities a. Bureau of Land Management The Bureau of Land Management is responsible for the following: i. Preparation of, quality of, and content of the Draft EIS, the Final EIS, and the Record of Decision. ii. Enabling Pitkin County Board of County Commissioners to be a meaningful cooperator in the EIS process by providing the following opportunities: o Involvement in identifying issues and concerns relative to the NEPA process, o Involvement in identifying or providing data that is suitable, available, and relevant to the NEPA process, o Review and comment on draft sections of the EIS that received input from Pitkin County Board of Commissioners due to its jurisdictional responsibilities or special expertise. iii. Consider to the extent possible and incorporate as appropriate, the information and comments provided by Pitkin County Board of County Commissioners into appropriate EIS documents. iv. Make all final determinations on the content of the EIS documents. b. Pitkin County Board of County Commissioners Responsibilities Pitkin County Board of County Commissioners has both jurisdictional responsibilities and special expertise in many arenas related to planning and is responsible for the following; i. Pitkin County Board of County Commissioners along with all cooperating agencies, will participate to the fullest extent possible in the NEPA process. ii. Assisting BLM in the identification of the issues and concerns to be addressed in the planning effort. iii. Providing relevant data which may assist in the EIS process. This data may include but is not limited to the following: o Information relative to Pitkin County Board of County Commissioners' knowledge and expertise on social and economic conditions, transportation systems and networks, history, and institutions that may be affected by BLM decision. o Information relative to resources, use and management within the planning area. o Information relative to socioeconomic data, such as demographics, activities, and values. iv. Review and provide comment within scheduled deadlines of receipt of preliminary baseline reports or other technical reports where Pitkin County Board of County Commissioners has provided data or other such information in order to complete the report. 2 v. Review and provide comments within scheduled deadlines of receipt of the following sections of the draft EIS. o Preliminary range of alternatives to be considered in detail. o Relevant portions of the "Affected Environment" section. o Relevant portions of the "Environmental Consequences" section. o Relevant portions of the "Consultation and Coordination" section including information on consistency reviews. vi. During public review periods for the Draft EIS, provide the BLM a consolidated comprehensive review of the Draft EIS. vii. Pitkin County Board of County Commissioners will assist the BLM in analyzing and reviewing public comments/data and work with BLM in the development of the FEIS. c. Joint Responsibilities All records or information requested of either party by the other will be reviewed by the releasing party prior to release. To the extent permissible under law, any recipient of proprietary and/or pre-decisional information agrees not to disclose, transmit, or otherwise divulge this information without prior approval from the releasing party. Provided, however, that this paragraph shall not prohibit either party from sharing information with other cooperating agencies or other instruments of federal government that may be in a position to contribute to the EIS process. Any breach of this provision may result in termination of this MOU. The BLM and Pitkin County Board of County Commissioners recognize that applicable public records laws will require release of non-exempt documents. Nothing in this MOU shall be deemed to bind either party to accept or support the position of the other, nor shall anything herein be deemed to waive Pitkin County's right to protest, object to, appeal or otherwise challenge the EIS or any decision arising out of the EIS. VI. Funding Each entity agrees to fund its own expenses associated with this planning process. VII. Joint Responsibilities The parties agree to use their best efforts to meet the time frames established in the agreement, to work cooperatively, and to resolve differences as quickly as possible. VIII. Implementation, Amendment, and Termination This agreement becomes effective upon signature by all parties, and may be subsequently amended through written agreement of all signatories. The parties agree to jointly develop a framework for information exchange and feedback within 60 days of signing. Pitkin County Board of County Commissioners or BLM may terminate this agreement by providing written notice of termination to the other party. If not terminated sooner, this agreement will end when the notice of availability for the last final EIS is published in the Federal Register. 3 Nothing in this agreement will abridge or amend the rights, authorities or responsibilities of Pitkin County Board of County Commissioners or the BLM or any other party on any matter under their respective jurisdictions. Nothing in this agreement may be construed to require either Pitkin County Board of County Commissioners or BLM to obligate or pay funds or in any other way take action in violation of the Anti- Deficiency Act(31 USC 1341) or any State or county law or ordinance. IX. Sovereign Immunity Neither signatory waives their sovereign immunity by entering into this Memorandum of Understanding, and each fully retains all immunities and defenses provided by law with respect to any action based on or occurring as a result of this agreement. X. Signatures The parties hereto have executed this Memorandum of Understanding as of the dates shown below. BUREAU OF LAND MANAGEMENT Steve G. Bennett Date Field Manager Colorado River Valley Field Office,BLM PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS Robert A.Ittner,Jr. Date Chair 4 Appendix A: Agency Point of Contact Bureau of Land Management: Pitkin County Board of County Commissioners: Greg Larson Ellen Sassano Colorado River Valley Field Office 130 S. Galena St., 3rd Floor River Frontage Road Aspen, CO 81611 Silt, Colorado 81652 (970) 920-5098 Phone (970) 876-9048 (Fax) (970) 920-5439 Fax (970) 876-9090 (Email) ellen.sassano@pitkincounty.com Email: glarson@blm.gov Agency Representatives Bureau of Land Management: Pitkin County Board of County Commissioners: Steve G. Bennett Chris Seldin Colorado River Valley Field Office Pitkin County Attorney's Office 2300 River Frontage Road 530 E. Main St., Suite 302 Silt, Colorado 81652 (Phone) (970) 920-5192 Phone (970) 876-9002 (Fax) (970) 920-5198 Fax (970) 876-9090 (Email) chris.seldin@pitkincounty.com Email: sbennett@blm.gov 5