Participating in the NEPA Process

WFB NEPA SymposiumCasper, Wyoming

May 30, 2008

Harriet M. Hageman

Kara Brighton

Introductions and Background

Recent Headlines

Environmentalists Fight Wolf State ManagementPolar Bear listed as “Threatened”SpeciesBLM recommends Federal Land for Energy IndependenceGas Prices SoarBLM Imposes Restrictions for Sage Grouse

Today’s Presentation

Legislative Process vs. Regulatory ProcessWyoming Conservation Alliance Mission and RoleWyoming Farm Bureau and WCARegulatory Issues Facing Wyoming

Endangered SpeciesEnergy Development

Legislative vs. Regulatory Process

FederalSenatorsRepresentatives

StateSenatorsRepresentatives

Lobbyists

Lobbyists: An Integral Piece to the Puzzle

Ensure an organization’s voice is heard at the policy making level Paid to represent the organizations for its best interestsVital to ensuring an opinion or voice is heard by officials and lawmakersWork towards key policy changes, directions, and legislation on behalf of their interest and group

Successful Lobbying Leads to Policy or Legislative Goals

LobbyingWyoming 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)

Regulatory Agencies:The Government’s Workhorse

Delegated duties and responsibilities to implement and enforce the law

Create Rules and Regulations

Develop Terminology, Definitions

Interpret Law, Set Agency Priorities

Federal and State Regulatory Authority

Implement Statutes

Enforce Regulations

ExamplesEndangered Species ActNational Environmental Policy Act

When Legislation Becomes Regulation:Endangered Species Act

Actual Statute - 34 Pages

Dept. of Interior ESA Regulations1660 Pages

Agency FindingsAgency DeterminationsFinal Rules and Regulations

National Environmental Policy Act

Actual Statute -18 Pages

Agency Regulations - 70 Pages

Legislative vs. Regulatory Process

Political Process has Limited Role in Regulatory Agencies

“Lobbying” Role = Comments

Appointed vs. Career Agency Employees

Federal Agency Perspectives

Dept. of Interior72,000 Employees

U.S. Fish and Wildlife Service7,500 Employees

Dept. of Agriculture110,000 Employees

U.S. Forest Service20,000 Employees

Wyoming Conservation AllianceMission and Role

Inform and Educate Individuals about the State and Federal Regulatory Process

Assist Individuals to Participate in the Regulatory Process

WCA Mission Statement

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

Federal Register Process

Federal Agency publishes notice of proposed rulemaking

Comment period (30, 60 or 90 days)

Publish final regulations

Wyoming AgenciesRegulatory Process

No Clearinghouse

Each Agency Announces DifferentlyDepartment of Environmental Quality

Websites not Frequently Updated

WCA is Wyoming Agencies’ “Federal Register”

WCA MonitoringFederal Monitoring

Proposed RulesFinal RulesNominations/MeetingsNotices

Grant ProgramsOil & Gas LeasesWyoming Interests

State MonitoringRulemakingAgency/Committee MeetingsComment PeriodsLegislative Interim Committees

Federal Agencies

Department of Energy

FERC

Department of Transportation

Federal Highway Safety Administration

Department of Agriculture

Forest Service

Department of Interior

Bureau of Land ManagementBureau of ReclamationFish and Wildlife Service

Environmental Protection Agency

Wyoming State Agencies

Oil & Gas CommissionGame and Fish DepartmentDepartment of Environmental Quality

Air QualityWater QualityEnvironmental Quality Council

State Engineer’s OfficeWater Development CommissionDept of AgricultureLivestock Board

Interim Committees

Consistent Oversight

Leads to Consistent Participation

WCA and Wyoming Farm Bureau

Daily Watch

Newsletter and Comment Calendar

Comment Letters

Regulatory Issues Facing Wyoming

Endangered SpeciesWolvesPolar BearPreble’s Jumping MouseSage Grouse

Energy DevelopmentBLM Energy PlanESA Issues

WolvesBackground

March 28, 2008 – State Mgt BeginsWyoming’s Management Plan

April 28, 2008 – Defenders of Wildlife et al sue in Montana Federal Court

May 29, 2008 - Hearing

Polar Bear

May 14th listed as “Threatened”Population at all time high

20,000-25,000

Habitat MeltingSea Ice 39% below long-term average between 1979 to 2000

No Current Recovery PlanEnergy Producers Concerned

Bureau of Land Management ProposalWant 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

Preble’s Jumping Mouse

HistoryOriginally Listed in 1999Habitat Designated in Colorado and Wyoming

Four Counties (Albany, Platte, Laramie and Converse)

2005 Proposed Rule = Delist2007 Decision

Good News and Bad News

2007 FWS Findings

Good News Delist in Wyoming

Mouse populationsAg Operations not ImpactingThreat of Human Population

Bad NewsDetermined Separate Sub-Species

Sage Grouse

BackgroundCBM Develop possibly on hold for up to two yearsNeed of Connectivity in HabitatJobs in DangerJune 27th Comments

Conclusion

Regulatory Actions Have Greater Impact on Agriculture than Ever

WCA and WFB Are AddressingCompiling and Distributing InformationAssist with Comments

Wyoming Conservation Alliance

Promoting Wyoming’s Participation in the Regulatory Process

Cheyenne, WY

866-638-6038