Appendix 2

Sample MOU for Joint EIS/EIR

Memorandum of Understanding

Agreement Regarding the Preparation of a Joint Environmental Document for the
[Project]

This agreement is entered into this day of ---_____, 199__, by and between/among the following parties:

[Agency A], hereinafter referred to as ______________;
[Agency B], hereinafter referred to as ______________;
[Agency C], hereinafter referred to as ______________; and
[Project Sponsor/Applicant], hereinafter referred to as ______________; and
California Trade and Commerce Agency, Office of Permit Assistance (OPA).

WHEREAS, has proposed to [Brief Project Description], and has applied for the necessary approvals from Federal, State, [and/or] local agencies; and

WHEREAS, the [Project Title] Project, hereinafter referred to as "Project," may have a "significant effect on the environment" (as defined by the California Environmental Quality Act, hereinafter referred to as CEQA), including but not limited to impacts on air and water quality, fish, and wildlife, which must be considered by [State and/or Local Agencies] when reviewing and acting on projects pursuant to CEQA and other applicable State laws; and

WHEREAS, the environmental impact from the Project must also be considered by the [Federal Agencies] when reviewing and acting on projects pursuant to the National Environmental Policy Act, hereinafter referred to as NEPA, and other applicable federal laws; and

WHEREAS, Office of Permit Assistance is required by California Government Code Section 65923 to ensure compliance with California Government Code Sections 65920-65957 by State agencies; and

WHEREAS, the parties now desire to prepare an environmental document on the proposed Project that includes all relevant information and analysis before acting on the [Applicant's] applications; and
WHEREAS, it is the mutual beneficial interest of all parties to share in the task of preparation of an environmental study on the Project because the reduction of duplication in staff efforts, sharing of staff expertise and information already existing, and promotion of intergovernmental coordination at the State and federal levels will serve the public interest by producing a more efficient environmental review process.

NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, it is agreed as follows:

1. THE STUDY

(A) Pursuant to this agreement, a joint environmental document, hereinafter referred to as the Study, shall be prepared on the Project, in accordance with NEPA, CEQA, ______________. The Study shall address the impacts on the environment of the Project and alternatives thereto, including but not limited to air and water quality and land use impacts of the proposed project and alternative proposals.

(B) In the event of disputes as to scientific issues relating to the Study, the Study shall contain conflicting viewpoints.

(C) In the event of disputes concerning mitigation measures the study shall identify the full range of measures under consideration.

2. AGENCY PROJECT REPRESENTATIVES AND THEIR DUTIES

(A) In the preparation of the Study, each decision-making agency shall be represented by its agency project representative or designee. Agency project representatives collectively referred to hereinafter as the Steering Committee:

Name

Agency

Address

Phone
[for each agency named above]

(B) The successful preparation of the Study requires complete and full communication between all parties involved. It is the duty of the agency project representatives to ensure close consultation throughout the document preparation and review process. The agency project representatives shall keep each other advised of the developments affecting the preparation of the Draft Study. Meetings of the Steering Committee shall be held as needed to ensure close consultation. A representative shall notify the other representatives in writing of a change in his or her address or telephone number.

(C) To the maximum extent practicable under existing laws and regulations, all parties agree to share all relevant information.

3. PROJECT COORDINATOR AND DUTIES

OPA hereby appoints the following project coordinator:
[Project Coordinator] ________________________________

It shall be the responsibility of OPA to assist all participants in maintaining full communication and coordination throughout the preparation of the Study.

4. JOINT RESPONSIBILITIES OF THE [All Agencies Involved]

(A) The Steering Committee shall determine:

(a) The scope and content of the Study for the Project to ensure that the requirements of the various federal and state statutes, mentioned in 1 above, are met and that the statutory findings required of the [agencies involved] for their respective decisions on the Project can be made;

(b) The consultant who will prepare the Study;

(c) Whether the work performed by the consultant is satisfactory and, if not, how best to correct the deficiencies in the work; and

(d) The division of responsibilities among co-lead agencies.

(B) The agencies shall not be required to participate in the cost of the portion of the Study to be accomplished by the contract.

5. RESPONSIBILITIES OF STATE OR LOCAL LEAD AGENCY

6. RESPONSIBILITIES OF FEDERAL LEAD AGENCY

(The following responsibilities must be delegated among the two lead agencies:)

(A) Except as listed in 4 above, [selected agency] shall be solely responsible for entering into a contract with the selected consultant and administering the preparation of the Study for the Project.

(B) Between the receipt of the Draft Study and [selected agency] certification of the final Study, the [selected agency] shall prepare copies of all comments and proposed responses to the comments for review by the Steering Committee.

(C) In order to ensure that the Draft Study adequately considers their concerns, a preliminary Draft of the Study will be provided to the Steering Committee prior to official completion. (See timetable 7, below)

(D) In order to obtain comments from all public agencies and from the general public on the draft Study, [selected agency] shall conduct the first noticed public hearing on the draft Study (see timetable 7 below) with the joint participation of the [Steering Committee].

(E) The Final Study, including all comments received and the responses to the comments, including all comments submitted by the [other agencies] shall be prepared by the consultant under the [selected agency's] direction.

7. TIME LIMITS AND TIMETABLE

(A) The [State and/or local agencies] are required to approve or disapprove the Project based on the EIR, in conformance with the time schedule and procedures set out in California Government Code Sections 65920-65957.

(B) The [federal agencies] hereby agree to cooperate with [State and/or local agencies] in conformance with said time schedule and procedures. The agencies involved have agreed upon the following timetable:

Week no.1: Application found to be complete.
Week no.2: Notice of Preparation/Intention sent to interested parties.
Week no.4: Scoping Meeting.
Week no.8: Request for Proposals for Study issued.
Week no.10: Pre-bid conference.
Week no.14: Proposals due to delegated co-lead agency.
Week no.16: Contractor selected.
Week no.18: Contract awarded.
Week no.27: Preliminary Draft Study reviewed by Steering Committee.
Week no.30: Draft Study received by [co-lead agencies].
Week no.36: First public hearing on Draft Study.
Week no.38: Continued public hearing on Draft Study.
Week no.43: Final Study received by agency project representatives.
Week no.48: Certification/Adoption of Final Study by co-lead agencies.
Week no.52: Decision on project.

The time limits established herein are maximum time limits for the agencies involved to reach a decision on the project. It is understood that best efforts will be made by all parties to comply with this timetable.

8. ASSESSMENT/CERTIFICATION OF COMPLETENESS OF FINAL STUDY

The agencies involved shall independently assess and certify the completeness of the final Study within the time constraints of California Government Code Sections 65920-65957.

9. CEQA CERTIFICATION BY STATE OR LOCAL LEAD AGENCY

Upon independent certification of the final study, notification shall be made by [State and/or local lead agency] , pursuant to CEQA. Thereafter, [other affected agencies] may consider and act on the Project, making the findings required by law. Unless an extension is otherwise previously agreed upon by all parties, this agreement shall expire on date of above notification.

10. NEPA CERTIFICATION AND DECISION BY FEDERAL LEAD AGENCY

The [federal lead agency] shall independently certify the final study and provide notice of the decision pursuant to applicable federal laws and regulations.

11. AGREEMENT COORDINATED WITH NEPA AND CEQA

Each agency shall be free to fulfill its statutory responsibilities, including permit issuance, in accordance with CEQA and NEPA requirements or other applicable statutes.

12. GENERAL AGREEMENTS

(A) The agencies further agree to take whatever further steps they deem necessary, including further agreements or amendments to this Agreement, in order to fulfill the purpose of this Agreement.

(B) Each provision of this Memorandum of Understanding is subject to the laws of the United States and the delegated authority in each instance.

(C) The agencies may terminate their participation in this agreement upon thirty days written notice served upon the other parties. The party electing to terminate the agreement shall state in writing its reason for desiring the termination and provide such to the other parties. During the ensuing thirty day period all parties shall actively attempt to resolve any disagreements so that the termination of this agreement may be avoided.

IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed on the respective dates set forth opposite their signatures.

[SIGNATURES, DATES]


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State of California
Governor's Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
916-322-2318