8.3 Clean Water Act
The issuance, reissuance, or transfer of a term grazing permit or lease that is consistent with a land use plan developed using the National Environmental Policy Act (NEPA) process should not be considered a federal action requiring state certification under section 401 of the Clean Water Act (CWA). The NEPA process ensures the affected environment, the environmental consequences, and a full range of reasonable alternatives have been developed and considered in the decision-making process for all major federal actions proposed by the federal land management agencies. The NEPA scoping process involves the general public, state and local governments and Indian tribes, affected interest, and organizations, and includes the opportunity to submit comments on the planning provisions prior to the issuance of any management decisions. The NEPA process provides full and fair consideration of water quality issues contained in the CWA. As such, state certification is not necessary for the issuance, reissuance, or transfer of a federal term grazing permit.