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
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