The NEPA process

Reclamation and ISC have prepared the NM Unit draft EIS as joint lead agencies pursuant to the National Environmental Policy Act of 1969 (NEPA; 42 USC § 4321 et seq.). As joint lead federal agencies, Reclamation and the ISC are collectively responsible for all decisions relating to the preparation of the NM Unit EIS during the NEPA process.

Joint lead agency responsibilities include:

• Managing schedule and budget activities;

• Developing and implementing a public outreach, education, and involvement plan;

• Conducting and documenting environmental investigations;

• Preparing EIS related documents; and

• Issuing a record of decision (ROD) at the end of the NEPA process.

The New Mexico CAP Entity (Entity) is the project proponent and is comprised of representatives from counties, municipalities, irrigation districts, and soil and water conservation districts in the four counties of Catron, Grant, Hidalgo, and Luna in southwest New Mexico. The ISC is a non-voting member and a fiscal agent of the Entity. EMPSi is the NEPA contractor assisting Reclamation and the ISC in conducting the necessary studies and preparing the EIS using an interdisciplinary approach as required by NEPA.

Cooperating agencies are those agencies that have jurisdiction by law or special expertise on relevant environmental issues. The role of cooperating agencies is to review important EIS documentation and provide input to Reclamation and the ISC as the joint lead agencies.

The NM Unit draft EIS cooperating agencies include:

• U.S. Army Corps of Engineers (USACE)

• U.S. Geological Survey (USGS)

• U.S. Bureau of Land Management (BLM)

• U.S. Fish and Wildlife Service (USFWS)

• New Mexico Department of Game and Fish (NMDGF)

• San Carlos Irrigation and Drainage District (SCIDD)

• Catron County (CC)

• San Francisco Soil and Water Conservation District (SFSWCD)

NM Unit draft EIS Schedule

How the NM Unit draft EIS relates to other regulations and consultation

• Tribal consultation: Pursuant to NEPA, the National Historic Preservation Act (NHPA), and Executive Order 13175, the joint lead agencies initiated tribal consultation in July 2017 and contacted 22 potentially affected Native American tribes and tribal organizations with interests in the planning area. To date, 17 tribes have responded to the consultation requests and follow-up.

• NHPA: Reclamation is responsible for complying with Section 106 of the NHPA and its implementing regulations (36 CFR 800). The exact scope of the undertaking is not known; however, there is the potential for adverse effects to historic properties. Per 36 CFR 800.14(b)(1)(ii), a programmatic agreement (PA) is in preparation to address the potential for future adverse effects. Section 106 consultation is on-going the joint lead agencies intend to complete and sign the PA before the ROD is signed.

• ESA: In accordance with Section 7 of the Endangered Species Act (ESA), the joint lead agencies are consulting with the USFWS and preparing a biological assessment to address potential impacts from the proposed NM Unit on federally listed threatened or endangered species and related habitat.

• CWA: Per October 28, 2019 guidance from the USACE Albuquerque District and Las Cruces Regulatory Office, the NM Unit project qualifies as an exempted activity under Section 404 of the Clean Water Act (CWA) and no permits will be required.

• PR&Gs: Principles, Requirements and Guidelines (PR&Gs) analysis describes how federal agencies should evaluate proposed infrastructure projects, grants and programs that may affect water resources. A PR&G analysis of the proposed NM Unit alternatives has been conducted; however, the PR&G analysis does not supersede NEPA or other planning requirements. PR&Gs consider economic, financial and regional impacts—relevant relevant portions of which can inform NEPA analyses.