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What is the difference between a cooperating agency and a participating agency regarding roles and responsibilities in the process to prepare an EIS?

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What is the difference between a cooperating agency and a participating agency regarding roles and responsibilities in the process to prepare an EIS?

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“Cooperating agency” is defined in NEPA regulation and “participating agency” is defined in 23 U.S.C. 139(d). According to CEQ regulation (40 CFR 1508.5), “cooperating agency” means any Federal agency, other than a lead agency, that has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposed project or project alternative. A State or local agency of similar qualifications or, when the effects are on lands of tribal interest, a Native American tribe may, by agreement with the lead agencies, also become a cooperating agency. Participating agencies, as defined by SAFETEA-LU, are those with an interest in the project. The standard for participating agency status is more encompassing than the standard for cooperating agency status described above. Therefore, cooperating agencies are, by definition, participating agencies. But not all participating agencies are cooperating agencies. The lead agencies should consider the distinctions in decidin

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