Sample MOU for Joint EIS/EIR
Memorandum of Understanding
Agreement Regarding the Preparation of a Joint Environmental Document for
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 ______________;
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;
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:
[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]
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
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
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
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.
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State of California
Governor's Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814