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6. Consultation and Coordination 

6.1 Consultation and Coordination 

This Section describes the consultation and coordination efforts conducted by the Bureau 

of Indian Affairs (BIA) in preparation of this Draft EIS. Opportunity for public and 

agency input was be provided during the public scoping period and comment period on 

the Draft EIS. Consultation with state and federal regulating agencies and meetings with 

cooperating agencies have taken place throughout the process. 

Section 1502.25 (Environmental Review and Consultation Requirements) of the National 

Environmental Policy Act (NEPA) provides that: 

(a) To the fullest extent possible, agencies shall prepare draft environmental impact 

statements concurrently with and integrated with environmental impact analyses 

and related surveys and studies required by the Fish and Wildlife Coordination Act 

(16 V.S.C. Sec. 661 et seq.) the National Historic Preservation Act of 1966 (16 

U.S.C. Sec. 470 et seq.), the Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 

et seq.), and other environmental review laws and executive orders. 

(b) The draft EIS shall list all Federal permits, licenses and other entitlements 

which must be obtained in implementing the proposal. If it is uncertain whether a 

Federal permit, license or other entitlement is necessary, the Daft EIS shall so 

indicate. 

At the time of preparation for the DEIS, the BIA is unaware that any Federal permit, 

license or other entitlement is necessary to consider the proposal by the Oneida Nation of 

New York to convey their lands into trust status with the U.S. Department of the Interior. 

In addition, 30 BIA Manual (Section E) states that: 

(1)(i) Consultation and coordination should include a short narrative of relevant 

public involvement that has or will take place during the EIS development. It 

should also include agencies or individuals that provided significant information in 

relation to such requirements as the Fish and Wildlife Coordination Act, the 

Endangered Species Act and the National Historic Preservation Act. In addition, 

this section will identify a list of those entities receiving a copy of the document. 

The Final EIS should have an “*” before those organizations or individuals that 

commented on the DEIS. 

6.2 Scoping Process 

Consistent with the requirements of the NEPA and Section 1506.6 of the Council on 

Environmental Quality’s Regulations implementing NEPA, public involvement was an 

integral part of the preparation of the Draft EIS. A summary of the public involvement 

and agency consultation and coordination completed to date is provided below. 
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In the fall of 2005, the BIA selected an independent (“third party”) consultant (NEPA, 

1506.5(c)) to assist the agency in preparing the EIS. As Lead Agency, the BIA elected to 

review the trust transfer proposal of 17,370 acres of land owned by the Nation under the 

more rigorous NEPA EIS requirements (1502 et. seq.) as well as their own requirements 

(30 BIAM, NEPA Handbook Section 6.0), rather than prepare an Environmental 

Assessment (EA) or issue a Categorical Exclusion (CatEx). This decision was based on 

consultation within the Department, other federal agencies, and with the Nation. During 

the early phase of the EIS process, background data was collected, involved and 

cooperating agencies were contacted, issues and regulatory requirements were identified, 

and an outline of the Draft EIS was prepared. The Lead Agency information is provided 

below. 

Lead Agency 

U.S. Department of the Interior, Bureau of Indian Affairs, 

Mr. Kurt G. Chandler, Regional Environmental Scientist 

Eastern Regional Office 

545 Marriott Drive, Suite 700 

Nashville, TN, 37214 

Mr. Franklin Keel, Regional Director 

Eastern Regional Office 

545 Marriott Drive, Suite 700 

Nashville, TN, 37214 

During the scoping process, key agencies were identified and were invited by the BIA to be 

cooperating agencies. These agencies, which are identified below, include: 

• The New York State Department of Environmental Conservation (NYSDEC); 

• Madison County, New York; 

• Oneida County, New York; and the 

• Oneida Indian Nation of New York. 

A Memorandum of Understanding (MOU) regarding the roles and responsibilities of the 

BIA and cooperating agencies, and the schedule for the EIS been prepared by the BIA. The 

MOU has been signed by all parties that requested cooperating agency status (Appendix 

J). 
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The BIA held two initial public scoping meetings to formulate the issues and concerns for 

inclusion in the Draft EIS. One meeting was held on January 10, 2006 at the VernonVerona-Sherrill High School, and the second meeting was held on January 11, 2006 at 

Oneida High School. For both public scoping meetings in January, agencies, interested 

persons and the public were informed by a public notice and newspaper advertisement 15 

days in advance of the meetings. Two alternatives – the Proposed Action and No Action – 

were initially reviewed at these meetings. The meetings were documented through 

transcripts. Written and oral comments that were solicited at the meetings and during the 

scoping process were summarized and made available to the public in the EIS Scoping 

Report published on June 28, 2006. 

6.3 Section 106 Consultation 

The National Historic Preservation Act (NHPA) Section 106 review process provides for 

active participation by the public as well as by the State Historic Preservation Office 

(SHPO) and the Advisory Council on Historic Preservation. The 106 consultation process 

has proceeded concurrently with the National Environmental Policy Act’s (NEPA) 

Environmental Impact Statement process and in accordance with Advisory Council 

regulations 36 CFR 800. 

Consultation with the NY-SHPO was initiated in 2006 by the BIA at an early stage of the 

NEPA process, with a request for a list of sites listed on or eligible for listing on the 

National Register of Historic Places. Further consultation occurred during the scoping 

phase, with the announcement of two public meetings, and during the preparation of this 

EIS (see Appendix J, State Correspondence). 

6.4 Endangered Species Act & Fish and Wildlife Coordination 

Act Consultation 

Section 7 of the Endangered Species Act directs all federal agencies to utilize their 

authorities in furtherance of the purposes of the act by carrying out programs for the 

conservation of endangered or threatened species. Federal agencies are required to consult 

with the United States Fish and Wildlife Service (USFWS) to ensure that any action 

authorized, funded, or carried out by the agency does not jeopardize the continued 

existence of listed species or critical habitat. Consultation under Section 7 of the 

Endangered Species Act was initiated with the USFWS in early 2006 with a request for a 

list of species potentially within the project area and during the preparation of this EIS ( 

See Appendix J, Federal Correspondence). 

The Fish and Wildlife Coordination Act provides that whenever the waters or channel of a 

body of water are modified by a department or agency of the U.S., the department or 

agency first undertaking the federal action (in this case the BIA) shall consult with the U.S. 

Fish and Wildlife Service and with the head of the agency exercising administration over 

the wildlife resources of the state where construction will occur, with a view to the 

conservation of wildlife resources. The Act also provides that land, water and interests 

may be acquired by federal construction agencies for wildlife conservation and 

development. Consultation with the USFWS is as described above. The Proposed Action 

(trust transfer of Oneida Nation land to the U.S. Government) does not involve work in or 
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modifications to regulated bodies of water (e.g., flood control, irrigation, or navigation) 

that could conflict with the goal of conserving fish and wildlife resources. 

6.5 Agencies, Organizations, and Individuals Contacted During 

Scoping & Preparation of the EIS 

During the course of the planning effort for this project, the following agencies, 

organizations and individuals were contacted (see Appendix J): 

Cooperating Agencies 

Oneida Indian Nation of New York 

New York State Department of Environmental Conversation 

Oneida County, New York 

Madison County, New York 

Federal Agencies and Organizations 

U.S. Department of the Interior 

Bureau of Indian Affairs 

Regional Environmental Scientist, Kurt Chandler 

U.S. Department of the Interior 

Bureau of Indian Affairs 

Budget Analyst, Linda Tatum 

U.S. Department of the Interior 

U.S. Fish and Wildlife Service 

Field Supervisor, David Stilwell 

U.S. Geological Survey 

Office of the Regional Director 

Eastern Regional Director, Suzette Kimball 

Federal Emergency Management Agency 

Office of the Regional Director 

Acting Regional Director, Joseph F. Picciano 

 

U.S. Environmental Protection Agency 

Region 2 

Regional Administrator, Alan J. Steinberg 

U.S. Department of Agriculture 

Cathy Keenan 
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State Agencies and Organizations 

New York Natural Heritage Program 

Peter Nye

New York State Canal Corporation 

Director, Carmella Mantello 

Supervisor, Dave Raylinsky 

Syracuse Division, Steve Sweeney 

New York State Department of Environmental Conservation 

Commissioner, Ms. Denise M. Sheehan 

New York State Department of State 

Coastal Management Program 

Director, George Stafford 

New York State Department of Transportation 

Commissioner, Andrew Eristoff 

New York State Department of Transportation, Region 2 

Regional Director, Supervisor, Mark Silo 

PIO, Ann Ramonish 

New York State Office of Parks, Recreation and Historic Preservation 

State Historic Preservation Office (SHPO) 

Director, Ruth Pierpont 

NYS Office of General Services 

Bureau of Land Management 

Commissioner, Daniel D. Hogan 

New York State Thruway Department 

Administrative Headquarters, John Buono 

Records Officer, Jill Warner 

New York State Police 

Superintendent, Wayne Bennett 

Local Agencies and Organizations 

Oneida County Board of Legislators 

Chairman, Gerald J. Fiorini 

Oneida County 

Executive, Joseph Griffo 
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Madison County Board Of Supervisors 

Chairman, Supervisor Rocco DiVeronica 

Madison County Planning Department 

Paul Miller 

City of Oneida 

Mayor, Leo Matzke 

City Clerk, Jane Mariani 

Planning Director, Cassie Rose 

City of Rome 

Planning Department John Sorbello 

City of Sherrill 

Mayor, Joseph Shay 

Mike Holmes, City Clerk 

Town of Augusta 

Supervisor, Suzanne Collins 

Town of Cazenovia 

Code Enforcement Officer, Roger Cook 

Town of Fenner 

Supervisor, Russell Cary 

Town Clerk, Joanne Buyea 

Town of Lenox 

Supervisor, Rocco DiVeronica 

Town Clerk, Charlene Barres 

Town of Lincoln 

Supervisor, Douglas Holdridge 

Town Clerk, Roseanne Warner 

Town of Smithfield 

Supervisor, Richard Bargabos 

Town of Stockbridge 

Supervisor, Alexander Stepanski 

Town Attorney, Steven Jones 

Town of Sullivan 

Town Clerk, Charlotte Ferstler 

Supervisor, John Becker 
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Town of Vernon 

Code Enforcement Officer, Jamie Foster 

Town of Verona 

Town Clerk, Patricia Nestle 

Code Enforcement Officer, John Fewer 

Town of Westmoreland 

Town Clerk, Beverly Merriman 

Village of Canastota 

Village Clerk, Catherine Williams 

Village of Oneida Castle 

Village Clerk, Jean Canada 

Village of Sylvan Beach 

Mayor, Tom Statkewicz 

Village of Vernon 

Mayor, William Sreca 

Village Clerk, Karen Rizzo 

Canastota Central School District 

Superintendent, Supervisor, Frederick Bragan 

Cazenovia Central School District 

Superintendent, Supervisor, Robert S. Dubik 

Madison Central School District 

Superintendent, Mrs. Cynthia DeDominick 

Morrisville-Eaton Central School District 

Superintendent, Nelson Bauersfeld 

Oneida City School District 

Superintendent of Schools, Supervisor, Ron Spadafora 

Stockbridge Valley Central School 

Superintendent of Schools, Dr. Randy C. Richards 

Vernon-Verona-Sherrill School District 

Superintendent, Supervisor, Norman J. Reed 

Individual Agencies and Organizations 

Consolidated Rail Corporation 
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National Grid 

Supervisor, Kenneth Tompkins 

Vice President- Business Services 

Tribal Organizations 

Oneida Tribe of Indians of Wisconsin 

P.O. Box 365 

Oneida, WI 54155-0365 

Stockbridge-Munsee Community of Wisconsin 

N8476 Mo He Con Nuck Road 

Bowler, WI 54416