N.M. Admin. Code § 20.2.99.105

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.2.99.105 - GENERAL CONSULTATION PROCEDURES

The following are the responsibilities of lead and participating agencies at each stage of the consultation process.

A. It shall be the affirmative responsibility of the lead agency to initiate the consultation process by:

(1) notifying other participants of the plan, program or project which must undergo the interagency consultation process;

(2) preparing an initial draft of the document being developed, together with necessary supporting information;

(3) convening consultation meetings and agendas when the initial draft of the document being developed is complete; and

(4) appointing the conveners of technical meetings.

B. It shall be the responsibility of the lead agency to facilitate the interagency consultation process by:

(1) conferring with all other agencies identified under Subsection C of 20.2.99.102 NMAC who are participating in the particular consultation process;

(2) providing all appropriate information needed for meaningful input to the participating agencies, including timely notification of all policy level and relevant technical meetings;

(3) soliciting early and continuing input from participating agencies;

(4) scheduling consultation meetings as specified in this part;

(5) conducting the consultation process as described in this section (20.2.99.105 NMAC);

(6) assuring that all relevant documents and information, including drafts of the document being developed and necessary background documents, are supplied to all participants in the consultation process in a timely manner;

(7) assuring, where required, policy-level contact with those agencies;

(8) considering the views of each participating agency and (except with respect to those actions for which only notification is required) responding to written comments in a timely, substantive written manner prior to making any final decision on the document that is the subject of the consultation process; and

(9) assuring that such views and written responses are made part of the record of any decision or action.

C. Regular consultation on major activities, as defined in 20.2.99.106 NMAC, shall include policy level meetings beginning no later than nine months prior to the date a final document is required (or the date on which such agency begins its own work on such document, if later) and continuing at regular, scheduled intervals no less frequently than quarterly. In addition, technical meetings shall be convened as necessary. Not later than 30 days prior to the adoption or approval of the final document or decision, the lead agency shall supply the final draft document, including all relevant information and documents, as appropriate, to the participating agencies.

D. Regular consultation on routine activities, as defined in 20.2.99.107 NMAC, shall include meetings at regular, scheduled intervals no less frequently than semiannually, and shall be on the agenda of at least one policy level meeting. In addition, technical meetings shall be convened as necessary.

E. The lead agency shall provide each final document for which a consultation process was required to be undertaken (including, but not limited to, the relevant portions of SIPs or implementation plan revisions, transportation plans, and TIPs, and determinations of conformity), together with all supporting information, as appropriate, to each participating agency within 14 calendar days after adopting or approving such document or making such determination. The lead agency may supply a checklist of available supporting information, which the participating agencies may use to request all or part of such supporting information, in lieu of generally distributing all supporting information.

F. It shall be the responsibility of each participating agency (those listed in Paragraph (1) of Subsection C of 20.2.99.102 NMAC) during the consultation process to:

(1) confer with the lead and other participating agencies (those listed in Paragraph (1) of Subsection C of 20.2.99.102 NMAC) in the consultation process;

(2) review and comment as appropriate (including comments in writing) on all proposed and final draft documents and decisions within 30 days of receipt;

(3) attend consultation and decision meetings;

(4) assure policy-level contact with other participants;

(5) provide input on any area of substantive expertise or responsibility (including, but not limited to planning assumptions, modeling, information on status of TCM implementation, and interpretation of regulatory or other requirements); and

(6) provide technical assistance to the lead agency or consultation process in accordance with this section when requested.

G. A meeting that is scheduled or required for another purpose may be used for the purposes of consultation if the conformity consultation purpose is specifically identified in the announcement for the meeting and all participating agencies are notified of such meeting.

N.M. Admin. Code § 20.2.99.105

Adopted, New Mexico Register, Volume XXV, Issue 16, August 29, 2014, eff. 9/15/2014