Participating in the NEPA Process

1. Participating in the NEPA Process WFB NEPA Symposium Casper, Wyoming May 30, 2008

2. 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. Today’s 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

5. Legislative vs. Regulatory Process • Federal • Senators • Representatives • State • Senators • Representatives • Lobbyists

6. 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 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

7. 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)

8. 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

9. Federal and State Regulatory Authority • Implement Statutes • Enforce Regulations • Examples • Endangered Species Act • National Environmental Policy Act

10. When Legislation Becomes Regulation:Endangered Species Act • Actual Statute - 34 Pages • Dept. of Interior ESA Regulations • 1660 Pages • Agency Findings • Agency Determinations • Final Rules and Regulations

11. National Environmental Policy Act • Actual Statute -18 Pages • Agency Regulations - 70 Pages

12. 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

14. Wyoming Conservation AllianceMission and Role • Inform and Educate Individuals about the State and Federal Regulatory Process • Assist Individuals to Participate in the Regulatory Process

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

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

18. Wyoming AgenciesRegulatory Process • No Clearinghouse • Each Agency Announces Differently • Department of Environmental Quality • Websites not Frequently Updated • WCA is Wyoming Agencies’ “Federal Register”

19. Federal Monitoring Proposed Rules Final Rules Nominations/Meetings Notices Grant Programs Oil & Gas Leases Wyoming Interests State Monitoring Rulemaking Agency/Committee Meetings Comment Periods Legislative Interim Committees WCA Monitoring

20. 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 Federal Agencies

21. Oil & Gas Commission Game and Fish Department Department of Environmental Quality Air Quality Water Quality Environmental Quality Council State Engineer’s Office Water Development Commission Dept of Agriculture Livestock Board Interim Committees Wyoming State Agencies

22. Consistent Oversight Leads to Consistent Participation

23. WCA and Wyoming Farm Bureau • Daily Watch • Newsletter and Comment Calendar • Comment Letters

27. Regulatory Issues Facing Wyoming • Endangered Species • Wolves • Polar Bear • Preble’s Jumping Mouse • Sage Grouse • Energy Development • BLM Energy Plan • ESA Issues

28. Wolves • Background • March 28, 2008 – State Mgt Begins • Wyoming’s Management Plan • April 28, 2008 – Defenders of Wildlife et al sue in Montana Federal Court • May 29, 2008 - Hearing

29. 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

30. 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

31. Preble’s 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

32. 2007 FWS Findings • Good News • Delist in Wyoming • Mouse populations • Ag Operations not Impacting • Threat of Human Population • Bad News • Determined Separate Sub-Species

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

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

35. Wyoming Conservation Alliance Promoting Wyoming’s Participation in the Regulatory Process Cheyenne, WY 866-638-6038