INTERAGENCY AGREEMENT 

ON EARLY 

COORDINATION OF REQUIRED ENVIRONMENTAL AND 

HISTORIC PRESERVATION REVIEWS CONDUCTED IN 

CONJUNCTION WITH THE ISSUANCE OF 

AUTHORIZATIONS TO CONSTRUCT AND OPERATE 

INTERSTATE NATURAL GAS PIPELINES CERTIFICATED 

BY THE FEDERAL ENERGY REGULATORY COMMISSION

May 2002 

The Department of the Army 

The Department of Agriculture 

The Department of Commerce 

The Department of the Interior 

The Department of Transportation 

The Department of Energy 

The Advisory Council on Historic Preservation 

The Federal Energy Regulatory Commission 

The Council on Environmental Quality 

The Environmental Protection Agency 
I. PURPOSE 

The purpose of this Agreement is to establish a framework for early cooperation 

and participation among the signatories to this Agreement (the “Participating Agencies”) 

that will enhance coordination of the processes through which their environmental and 

historic preservation review responsibilities under the National Environmental Policy Act 

of 1969, as amended, (“NEPA”) and other related statutes are met in connection with the 

authorizations that are required to construct and operate interstate natural gas pipeline 

projects certificated by the Federal Energy Regulatory Commission (“FERC”). 

NEPA requires federal agencies to evaluate the environmental impact of major 

federal actions significantly affecting the quality of the human environment. The 

issuance by the FERC of a certificate of public convenience and necessity for a major 

pipeline construction project using a right-of-way in which there is no existing natural 

gas pipeline is an action that normally requires the preparation of an environmental 

impact statement (“EIS”). 18 C.F.R. § 380.6(a)(3). Pipeline projects that do not require 

an EIS require the preparation of an Environmental Assessment (“EA”). Consistent with 

NEPA and the Council on Environmental Quality’s (the “CEQ”) regulations, this 

Agreement encourages early involvement with the public and relevant government 

agenciesin project development activities. 

This Agreement emphasizes the importance for the lead agency to receive specific 

information from the other Participating Agencies at key stages of project development to 

foster an efficient procedure to develop documentation to meet all agencies’ 

requirements. Specifically, the intent of this Agreement is to establish a process to 

facilitate the timely development of needed natural gas pipeline projects, whereby 

participating agencies will: 

• Work together and with applicants and other stakeholders, as appropriate, 

including before complete applications for the necessary authorizations are filed; 

• Identify and resolve issues as quickly as possible; 

• Attempt to build a consensus among governmental agencies and their 

stakeholders; 

• Expedite the environmental permitting and review for natural gas pipeline 

projects. 

II. BACKGROUND 

Through Executive Order 13212 issued on May 18, 2001, (the “Executive Order”) 

the President declared that it is the policy of his Administration that executive 

departments and agencies shall take appropriate actions, to the extent consistent with 

applicable law, to expedite projects that will increase the production, transmission, or 

conservation of energy. In the Executive Order, the President directed federal agencies to 

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expedite their reviews of authorizations for energy-related projects and to take other 

action necessary to accelerate the completion of such projects, while maintaining safety, 

public health and environmental protections. Consistent with the Executive Order, and in 

recognition of the fact that the timely authorization of new interstate natural gas pipeline 

projects is essential to facilitate the nation’s ability to meet the goal of sufficient 

availability and use of natural gas, the Participating Agencies enter into this Agreement. 

The FERC is responsible for authorizing the construction and operation of 

interstate natural gas pipelines. It issues certificates of public convenience and necessity 

for such pipelines under section 7 of the Natural Gas Act of 1938, as amended (the 

“NGA”), and authorizes the construction and siting of facilities for the import or export 

of natural gas under section 3 of the NGA. It also authorizes the construction and 

operation of natural gas pipelines pursuant to the Natural Gas Policy Act. 

The Bureau of Land Management (“BLM”), within the Department of the 

Interior, is responsible for the management of public lands. The BLM is principally 

responsible for issuing right-of-way permits authorizing natural gas pipelines to cross 

federal lands. Section 28 of the Mineral Leasing Act of 1920, as amended, gives BLM 

the authority to issue right-of-way permits for natural gas pipelines through lands held by 

the United States, except lands in the National Park System, lands held in trust for an 

Indian or Indian tribe, and lands on the Outer Continental Shelf. 

The National Park Service (“NPS”), within the Department of the Interior, may 

issue right-of-way permits only for those uses or activities specifically authorized by 

Congress and only if there is no practicable alternative to such use of NPS lands. There 

are no general authorities for issuance of right-of-way permits for gas or other petroleum

product pipelines across units of the National Park System. However, in individual 

instances, park- specific legislation may provide for such authorizations. 

The Minerals Management Service (“MMS”), within the Department of the 

Interior, is responsible for issuing and enforcing regulations to promote safe operations, 

environmental protection, and resource conservation on the Outer Continental Shelf 

(“OCS”). The MMS is responsible for granting rights-of-way through submerged lands 

of the OCS. In addition, the MMS establishes and enforces pipeline safety requirements 

for those OCS pipelines within the jurisdiction of Department of the Interior. 30 C.F.R. § 

250.1001. 

The Bureau of Reclamation (“Reclamation”), within the Department of the 

Interior, is responsible for managing, developing, and protecting water and related 

resources in an environmentally and economically sound manner in the interest of the 

public. Reclamation may grant rights-of-way for natural gas pipelines and other uses 

where compatible with project purposes as authorized in section 10 of the Act of August 

4, 1939, and section 28 of the Mineral Leasing Act of 1920, as amended. 

The Bureau of Indian Affairs (“BIA”), within the Department of the Interior, is 

charged with responsibility to administer federal Indian policy and to discharge the 

federal trust for American Indian Tribes, Alaska Native villages and tribal organizations. 

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BIA is responsible for, among other things, approving rights-of-way across lands held in 

trust for an Indian or Indian Tribe. In addition, regarding natural gas and all rights-ofway for energy resource transport, BIA must consult and coordinate through 

Government-to-Government relations with any affected Tribe. 

The Forest Service (“FS”), within the Department of Agriculture, is responsible 

for the management of 192 million acres of National Forest System (“NFS”) lands. 

Many hundreds of miles of natural gas pipelines cross NFS lands. Most of these 

pipelines are permitted by a BLM-issued right-of-way grant, pursuant the authority 

granted to the Secretary of the Interior in section 28 of the Mineral Leasing Act. 

The Army Corps of Engineers (“COE”) is responsible for the administration of 

laws for the protection and preservation of waters of the United States, including 

wetlands. Pursuant to the requirements of section 10 of the Rivers and Harbors Act of 

1899, and section 404 of the Clean Water Act (“CWA”), the COE may issue 

authorizations for the discharge of dredged or fill material into navigable waters, 

including wetlands. 

The Research and Special Programs Administration (“RSPA”), within the 

Department of Transportation, is responsible for establishing safety standards for the 

nation’s pipeline transportation system. RSPA carries out this responsibility through its 

Office of Pipeline Safety (“OPS”). OPS establishes and enforces minimum safety 

standards for the design, construction, operation and maintenance of pipeline facilities. 

49 U.S.C. § 60101 et seq. 

The Environmental Protection Agency (“EPA”) is responsible for administering a 

wide variety of environmental laws. The responsibilities of EPA relevant to the pipeline 

permitting process include commenting on Environmental Impact Statements under 

section 309 of the Clean Air Act (the “CAA”), the authority to participate in the Section 

404 permit process and to restrict, in certain circumstances, the use of specific areas as 

disposal sites for dredged or fill material pursuant to section 404, and the authority to 

issue permits for pipeline-related activities that involve discharges of pollutants subject to 

the requirements of the National Pollutant Discharge Elimination System or emissions 

that may be subject to permitting requirements under the CAA (unless the programs are 

being administered by a state authorized or approved by EPA). 

The Fish and Wildlife Service (“FWS”), within the Department of the Interior, is 

responsible for the conservation, protection and enhancement of fish, wildlife, plants and 

their habitats. The FWS has principal trust responsibility to protect and conserve 

migratory birds, threatened and endangered species, certain marine mammals, and 

interjurisdictional fish. The FWS manages the National Wildlife Refuge System

(“NWRS”). Applicants for pipeline construction projects are required to consult with the 

FWS on projects potentially affecting any of these resources. The FWS also consults on 

projects potentially affecting fresh water or marine resources and water quality. In 

addition, the FWS may authorize use by permit for areas within the NWRS. 

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The National Oceanic and Atmospheric Administration (“NOAA”), within the 

Department of Commerce and through offices such as the National Marine Fisheries 

Service and the National Ocean Service, is responsible for a variety of activities in 

marine and coastal ecosystems as mandated by several statutes and authorities. These 

activities include managing protected species; managing commercial and recreational 

fisheries; protecting marine and coastal habitats; working with states to develop and 

implement comprehensive coastal zone management plans; and protecting and managing 

designated Marine Sanctuaries. Pipeline project construction in coastal and/or ocean 

areas may overlap with several NOAA responsibilities depending on the location and 

type of project. 

The Advisory Council on Historic Preservation (“ACHP”) reviews and provides 

comments with regard to actions by federal agencies that may affect properties listed or 

eligible to be listed on the National Register of Historic Places pursuant to the National 

Historic Preservation Act. 

The Department of Energy (“DOE”) is charged with developing and coordinating 

national energy policy. 

The CEQ was established within the Executive Office of the President in 1969 by 

NEPA. Its purpose is to formulate and recommend national policies to promote the 

improvement of the quality of the environment. CEQ has issued regulations applicable to 

federal agencies implementing NEPA. 40 C.F.R. Parts 1500 through 1508. 

III. THE PARTICIPATING AGENCIES AGREE TO THE FOLLOWING: 

The Participating Agencies hereby agree to work with each other, and with other 

entities as appropriate, to ensure that timely decisions are made and that the 

responsibilities of each agency are met. Specifically, each Participating Agency agrees 

to: 

A. Commit to Early Involvement. 

1. Conduct an Early Initial Review. As soon as practicable when a prospective 

applicant, or a Participating Agency, makes a request for involvement in connection with 

a project under development, each Participating Agency will assess its potential role in 

the review and issuance of approvals for the project. If a Participating Agency 

determines it has a role, it will: 

a. Identify agency contacts for the proposed project. If a prospective 

applicant or Participating Agency needs assistance in determining regional, local 

or project specific contacts, then the identified contacts will assist in identifying 

additional contacts The initial agency contacts for each Participating Agency for 

the purposes of this Agreement are identified in Section V below. 

b. Meet with prospective applicants and other agencies when requested by 

the prospective applicant, the lead agency, or at its own initiative, to identify areas 

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of potential concern to other agencies and to assess the need for and availability of

agency resources to address issues related to the proposed project. 

2. Consult with the Lead Agency In Establishing a Schedule. The lead agency will 

notify other relevant Participating Agencies as early as possible of upcoming projects for 

construction and operation of interstate natural gas pipelines and, in consultation with 

other involved Participating Agencies, identify those projects that will be subject to this 

Agreement. The lead agency will then, taking into consideration the relative priorities of

other projects subject to this Agreement, establish a commensurate schedule for the 

project review process, including key times for consultation. Such schedule shall be as 

expeditious as possible and consistent with the periods for analysis and response that are 

required by the statutes and regulations applicable to the proposed project. In 

establishing this schedule, the relevant Participating Agencies will strive to ensure that 

individual permitting processes and related permit review activities occur on a 

concurrent, rather than sequential, basis with the objective of avoiding unnecessary 

delays in the process and the schedule established by the lead agency. If at any point 

during the consultation process a relevant Participating Agency anticipates an inability to 

comply with the agreed-upon schedule, it will communicate the reason for this inability 

as soon as possible to the lead agency. The lead agency will then work with that agency 

to help avoid the anticipated delay if possible. 

a. In light of its overall responsibility for determining whether projects are 

consistent with the public convenience and necessity, FERC will be the lead 

agency for preparation of an EIS or EA on major interstate natural gas pipeline 

projects, unless, at the request of another Participating Agency (or after FERC’s 

own review), FERC, in consultation with that agency, determines that another 

agency better meets the CEQ lead agency requirements. 

b. The lead agency will encourage prospective applicants to establish and 

maintain an electronic web-based repository in which all filings by the applicants 

for authorizations, including filings with local, state and federal agencies, are 

made available to all Participating Agencies involved in their project. The 

repository should also include orders, requests and other pertinent documents. 

Such repository will be completely at the expense of the applicant. 

c. The lead agency will include in any Notice of Intent to Prepare an EIS or 

EA guidance to the public regarding the process set forth in this Agreement. 

3. Consult with FERC on FERC’s Pre-Filing Process. 

a. For those projects where a prospective applicant is proposing to use 

FERC’s pre-filing environmental review process, the other Participating Agencies 

will, as appropriate, indicate their willingness and ability to work in the pre-filing 

timeframe along with the lead agency and other stakeholders to study the project. 

FERC’s pre-filing process is described in the FERC’s website. 

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b. When requested by a prospective applicant, FERC will make a 

determination as to whether the proposed project would benefit from the opening 

of a pre-filing docket to undergo a FERC pre-filing environmental review, 

including NEPA and related environmental statutes. If a pre-filing FERC docket 

is opened, the other relevant Participating Agencies will participate in the prefiling review process. 

B. Proactive Participation. Each Participating Agency will, as soon as 

possible after notification by a prospective applicant, an applicant, the lead agency, or 

otherwise: 

1. Identify the applicable statutory, regulatory and policy responsibilities of each 

agency. 

2. Identify the issues and concerns related to the proposed project that need to be 

addressed in order for the agency to meet its obligations. 

3. Provide to the prospective applicant, an applicant, and/or the lead agency, relevant 

studies, data (such as maps showing features over which the agency may have 

jurisdiction), and any other information concerning the status of matters the agency 

considers relevant (including matters that may be under consideration, such as proposing 

a species for listing as endangered or threatened, or proposing an area for wilderness 

status). 

4. During the pre-filing stage, identify issues and concerns and attempt to resolve 

them while the draft documentation is being developed. 

C. Sharing of Data. The Participating Agencies will share the information 

gathered, considered and relied upon by each of them with all other relevant Participating 

Agencies. Specifically, the Participating Agencies agree to: 

1. Cooperate in the preparation of requests for additional studies or data, to avoid 

duplicative requests and to compile a consistent set of information on which all of the 

Participating Agencies will rely. 

2. Cooperate in identifying and developing the information at the level of detail 

required to complete environmental and cultural resources project review. 

3. Cooperate in developing alternative routes and/or actions. 

4. Cooperate in developing mitigation measures. 

D. Communicate Informally. The Participating Agencies agree to 

informally communicate with the lead agency early and throughout the process to ensure 

that issues are raised as soon as possible and shared among all agencies. The lead agency 

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will coordinate and share information with and among other Participating Agencies. 

E. Resolve Disputes. While retaining ultimate responsibility for making 

determinations and exercising their individual responsibilities in accordance with existing 

statutory responsibilities, the Participating Agencies will consult with each other to 

resolve disputes using existing dispute resolution methods and in accordance with 

existing statutory authorities. With respect to disputes regarding the procedures set forth 

in this Agreement, the Participating Agencies will consult with the CEQ. If a 

Participating Agency identifies such a dispute, it shall notify all other Participating 

Agencies and attempt to resolve the issue. If the dispute is not resolved within thirty (30) 

days of the notification of the dispute: 

1. Any of the Participating Agencies involved in the dispute may forward the matter 

to the CEQ. 

2. CEQ will make a written recommendation on resolution of the dispute within 

thirty (30) days of receiving the documentation from Participating Agencies, unless there 

is an agreement among all relevant Participating Agencies that the period should be 

extended for a particular reason; 

3. Recommendations received from CEQ will be taken into account by the lead 

agency in consultation with the relevant Participating Agencies, in a manner consistent 

with applicable law, when determining further actions regarding the subject of the 

dispute. Any recommendation not accepted by the lead or Participating Agencies will 

have to be fully explained in writing to the Chairman of the CEQ. 

4. This opportunity to consult with the CEQ shall be separate and apart from the 

opportunity to do so provided for in the CEQ’s regulations at 40 C.F.R. Part 1504. 

IV. IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: 

A. Nothing in this Agreement obligates the Participating Agencies to expend 

appropriations or enter into any contract or other obligation. 

B. This Agreement may be modified or amended upon written request of any 

party hereto and the subsequent written concurrence of all of the Participating Agencies. 

Participation in this Agreement may be terminated sixty (60) days after providing written 

notice of such termination to the other Participating Agencies. 

C. This Agreement is intended only to improve the working relationships of 

the Participating Agencies in connection with expeditious decisions with regard to 

interstate natural gas pipeline project authorizations and is not intended to, nor does it 

create any right, benefit, or trust responsibility, substantive or procedural, enforceable at 

law or equity by a any person or party against the United States, its agencies, its officers, 

or any other person. 

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D. This Agreement is to be construed in a manner consistent with all effective 

existing laws and regulations. 

E. This Agreement neither expands nor is in derogation of those powers and 

authorities vested in the Participating Agencies by applicable law, statutes or regulations. 

F. The terms of this Agreement are not intended to be enforceable by any 

party other than the signatories hereto. 

G. The Participating Agencies intend to fully carry out the terms of this 

Agreement. All provisions in this Agreement, however, are subject to available 

resources. In addition, this Agreement does not limit the ability of any of the 

Participating Agencies to review and respond to final applications. 

H. If a prospective applicant, applicant, or other person requests a correction 

of information disseminated pursuant to this Agreement, as authorized by Section 515 of 

the Treasury and General Government Appropriations Act for FY 2001 (P.L. 106-554), 

the process by which such request will be addressed will be that established by the 

agency that disseminated the information. 

 

V. PRINCIPAL CONTACTS 

Each Participating Agency hereby designates principal initial contacts for the 

agency. These contacts may be changed at the Participating Agency’s discretion upon 

notice to the other Participating Agencies. (See Attachment 1.) 

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ATTACHMENT 1 

PRINCIPAL CONTACTS 

The following are the principal initial contacts for each agency: 

Department of the Army:

Chip Smith

Assistant for Environment, Tribal and Regulatory Affairs 

Office of the Assistant Secretary of the Army (Civil Works)

108 Army Pentagon 2E641

Washington, D.C. 20310-0108

chip.smith@hqda.army.mil

703-693-3655 voice

703-614-3588 fax 

Michael D. Smith 

Acting Chief, Regulatory Branch 

Headquarters, U. S. Army Corps of Engineers 

441 G Street, N.W. 

Washington, D.C. 20314 

michael.d.smith@hq02.usace.army.mil 

(202) 761-4598 voice 

(202) 761-5096 fax 

Department of Agriculture:

Tom Thompson 

Deputy Chief, National Forest System 

USDA Forest Service 

14th & Independence SW 

P.O. Box 96090 

Washington, D.C. 20090 - 6090 

(202) 205-1523 voice 

(202) 205-1758 fax 

Jack Craven 

Director of Lands 

USDA Forest Service 

14th & Independence SW 

P.O. Box 96090 

Washington, D.C. 20090 - 6090 

jcraven@fs.fed.us 

(202) 205-1248 voice 

(202) 205-1604 fax 
Department of Commerce:

Sloan Rappoport (for non-project specific issues) 

Senior Policy Advisor 

Office of the Secretary 

U.S. Department of Commerce 

14th and Constitution Ave. NW

Washington, D.C. 20230 

SRappoport@doc.gov 

(202) 482-1707 voice 

(202) 482-4191 fax 

Karen Abrams (for project-specific coordination) 

Marine Resource Habitat Specialist 

Office of Habitat Protection 

National Marine Fisheries Service 

SSMC 3 

1315 East-West Highway 

Silver Spring, MD 20910 

karen.abrams@noaa.gov 

(301) 713-2325 ext. 174 voice 

(301) 713-1043 fax 

Department of the Interior:

Patricia E. Morrison 

Deputy Assistant Secretary for 

Land and Minerals Management 

Department of the Interior 

1849 C Street, N.W. 

Room 6618 

Washington D.C. 20240 

Patty_Morrison@ios.doi.gov

(202) 208-3840 voice 

(202) 208-3144 fax 
Walter Cruickshank 

Deputy Director 

Minerals Management Service 

Department of the Interior 

1849 C Street, N.W.

Room 4213 

Washington D.C. 20240 

Walter.cruickshank@mms.gov

(202) 208-3500 voice 

(202) 208-7242 fax 

Department of Transportation:

Martin T. Whitmer, Jr. 

Assistant to the Secretary for Policy 

Office of the Secretary 

U.S. Department of Transportation 

Suite 10200 

400 Seventh Street, S.W.

Washington, D.C. 20590 

(202) 366-6024 voice 

(202) 366-3506 fax 

martin.whitmer@ost.dot.gov 

Stacey L. Gerard 

Associate Administrator for Pipeline Safety

Research and Special Programs Administration

U.S. Department of Transportation

400 Seventh Street, S.W.

Washington, D.C. 20590

202-366-4595 voice

202-366-4566 fax 

James K. O'Steen

Deputy Associate Administrator for Pipeline Safety

Research and Special Programs Administration

Department of Transportation

400 7th St SW

Washington, D.C. 20590

james.osteen@rspa.dot.gov

(202) 366-4595 voice 

(202) 366-4566 fax
Department of Energy:

Jimmy Glotfelty 

Senior Advisor 

Office of the Secretary 

1000 Independence Avenue, S.W.

Washington, D.C. 20585

jimmy.glotfelty@hq.doe.gov

(202) 586-6210 voice 

(202) 586-7169 fax

Advisory Council for Historic Preservation:

Don L. Klima 

Director 

Office of Federal Agency Programs 

Advisory Council on Historic Preservation 

1100 Pennsylvania Avenue, NW 

Suite #809 

Washington, D.C. 20004 

dklima@achp.gov 

(202) 606-8524 voice 

(202) 606-8672 or 8647 fax 

Laura Henley Dean 

Office of Federal Agency Programs 

Advisory Council on Historic Preservation 

1100 Pennsylvania Avenue, NW 

Suite #809 

Washington, D.C. 20004 

ldean@achp.gov 

(202) 606-8527 voice 

(202) 606-8672 or 8647 fax 

Federal Energy Regulatory Commission:

Alison Silverstein

Technical Advisor to the Chairman

Federal Energy Regulatory Commission

888 First Street, NE

Washington, D.C. 20426

Alison.silverstein@ferc.gov

Phone: 202-208-0388 

Fax: 202-208-0064
Carol E. Connors

Deputy Director

Congressional and Intergovernmental Affairs

Federal Energy Regulatory Commission 

888 First Street, NE

Washington, D.C. 20426

Carol.connors@ferc.gov

Phone: 202-208-2111

Fax: 202-208-2106

J. Mark Robinson, Director

Office of Energy Projects

Federal Energy Regulatory Commission

888 1st St., NE

Washington, D.C. 20426

mark.robinson@ferc.gov

(202) 208-2700

Richard R. Hoffmann, Chief

Gas Branch 2, Office of Energy Projects

Federal Energy Regulatory Commission

888 1st St., NE

Washington, D.C. 20426

richard.hoffmann@ferc.gov

(202) 208-0066

Council on Environmental Quality:

Dinah Bear 

General Counsel 

Council on Environmental Quality 

722 Jackson Place, N.W.

Washington, D.C. 20503 

dinah_bear@ceq.eop.gov 

(202) 395-7421 voice 

(202) 456-0753 fax 

Horst Greczmiel 

Associate Director for NEPA Oversight 

Council on Enviornmental Quality 

722 Jackson Place, N.W.

Washington, D.C. 20503 

horst_greczmiel@ceq.eop.gov 

(202) 395-0827 voice 

(202) 456-0753 fax 
Environmental Protection Agency:

Joseph Montgomery 

Director 

NEPA Compliance Division 

Office of Federal Activities (2252A) 

U.S. Environmental Protection Agency 

1200 Pennsylvania Avenue, N.W. 

Washington, D.C. 20460 

montgomery.joseph@epa.gov 

(202) 564-7157 voice 

(202) 564-0072 fax 

Cliff Rader 

NEPA Compliance Division 

Office of Federal Activities (2252A) 

U.S. Environmental Protection Agency 

1200 Pennsylvania Avenue, N.W. 

Washington, D.C. 20460 

rader.cliff@epa.gov 

(202) 564-7159 voice 

(202) 564-0072 fax