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Post
Edited: 4/24/2012 8:36 AM
Consultant

Implementing Mitigation of Other Agencies

To carry out mitigation on behalf of another agency that was offered in the other agency's EIS/EA - is it required to prepare a subsequent EA/EIS to carry out the mitigation or does the initial EA/EIS carry some weight/reduce need for further analysis?

Thanks.
2011-07-07 22:07:21
Posted: 4/24/2012 8:36 AM
kurt
(Assumptions - Agency carrying out mitigation is a Federal Agency. Agency carrying out the mitigation was not a cooperating agency on the original NEPA.)

1.  All Federal agencies must comply w/ NEPA (and other Federal laws) before implementing an action, including 'beneficial' actions and other agency's mitigation.

2.  One Agency's compliance w/ NEPA does not equate to NEPA compliance for all Federal agencies.

3.  Therefore, the agency conducting the mitigation would need to do its own NEPA compliance.

See question No. 30 of the 40 most asked questions and ceq regulation 1506.3.

7/8/2011 11:29 AM