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BUREAU OF RECLAMATION
Mid-Pacific Region
Bay-Delta Office
801 1 Street, Suite 140
Sacramento, CA 95814-2536
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Butte County Board of Supervisors
25 County Center Drive
Oroville, CA 95965
'~ Subject: Invitation to Participate as a Cooperating Agency in Preparation of the Environmental
Impact Statement for the Remanded Biological Opinions on the Coordinated Long-
Term Operation of the Central Valley Project and State Water Project
The Bureau of Reclamation is initiating preparation of an Environmental Impact Statement (EIS)
for the Remanded Biological Opinions (BOs) on the Coordinated Long-term Operation of the
Central Valley Project (CVP) and State Water Project (SWP} (Remand EIS). The U.S. District
Court for the Eastern District of California remanded portions of the U.S. Fish and Wildlife
Service and National Marine Fisheries Service (NMFS} BOs to their respective agencies. The
Remand EIS responds to the District Court's order that Reclamation analyze and disclose, in
accordance with the National Environmental Policy Act (NEPA), the potential impacts of
implementing the Reasonable and Prudent Alternatives developed pursuant to the remanded
Service and NMFS BOs.
On March 28, 2012, Reclamation issued a Notice of Intent {NOI) to conduct public scoping
meetings and prepare an EIS on the remanded BOs. Five scoping meetings were held in
April/May in Marysville, Sacramento, Madera, Los Banos, and Diamond Bar, California. The
public comment period originally ended on May 29, 2012, and was extended to June 28, 2012.
Reclamation is moving forward with the process of developing the environmental analysis to be
included in the Remand EIS.
As the Federal lead agency for this project, Reclamation has requested that the Service, NMFS,
the Environmental Protection Agency (USEPA}, the Army Corps of Engineers (USAGE}, and
the Bureau of Indian Affairs be cooperating agencies under NEPA. Reclamation is also
providing non-Federal agencies with the opportunity to participate in the NEFA process for the
Remand EIS as a cooperating agency. Eligible governmental entities include State and local
agencies and Federally-recognized tribes that are qualified to participate in an EIS by virtue of
jurisdiction by law, or by virtue of special expertise in regard to any environmental impact
associated with the action being considered.
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United States Department of the Interior
Subject: Invitation to Participate as a Cooperating Agency 2
If your agency is interested in being a cooperating agency in the Remand EIS NEPA process, it
must meet the following criteria, which are based on NEPA regulations and the Council on
Environmental Quality guidance:
• Must be a governmental entity {state, tribal or local), and
• Be qualified to participate in the development of the Remand EIS by virtue of:
o Jurisdiction by law, such as: agency authority to approve, veto, or finance alI or a part
of the proposal, or
o Special expertise with respect to any environmental impact associated with the action
being considered.
The merits of each submittal will be evaluated by Reclaration on an individual basis. Entities
that meet the specified criteria for cooperating agencies will be required to enter into a
Memorandum of Understanding (MOU} with Reclamation to memorialize their participation as a
cooperating agency. The purpose of the MOU will be to define the needs of Reclamation in
regards to the cooperating agencies, the scope of participation by the cooperating agencies, and
roles and responsibilities of the cooperating agencies and the Federal lead agency. Reclamation
retains all decision making authority for preparation of the Remand EIS.
Non-Federal governmental entities that are invited to participate as a cooperating agency for the
Remand EIS will be listed on Reclamation's website at www.usbr. og v/mp/BayDeltaOffice.
Please submit your written request for cooperating agency status on the Remand EIS to:
Janice Pinero
U.S. Bureau of Reclamation
Bay-Delta Office
801 I Street, Suite 140
Sacramento, CA 95814-2536
If you have any questions regarding this process, please contact Janice Pinero at (916) 414-2426
or via email at RemandElS@usbr.gov.
Sincerely,
Susan M. Fry
Area Manager