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BOEM <br /> National Environmental Policy Act(NEPA)Substitution for Section 106 Consulting Party Guide <br /> Updated August 4, 2021 <br /> V. When and How do I provide input? <br /> Opportunities for formal and informal consultation will occur throughout the development of the EIS. <br /> Consulting Parties will be formally invited to submit comments twice during this process:first,during <br /> the NEPA Scoping Period (so that comments can be incorporated into the Draft EIS)and second, during <br /> the Draft EIS public comment period (so that comments can be incorporated into the Final EIS).While <br /> comments can be submitted by Consulting Parties at any time,we encourage you to submit these during <br /> the scoping comment period,thus allowing BOEM to consider these comments in the development of <br /> the Draft and Final EIS. <br /> Furthermore, BOEM is encouraging lessees to coordinate with Consulting Parties prior to their COP <br /> submission to request input as they develop their proposed avoidance, minimization,and mitigation <br /> measures. <br /> VI. Will sensitive information regarding historic properties or traditional practices or places <br /> remain confidential under NEPA Substitution? <br /> All sensitive information provided during the"NEPA substitution for Section 106" process will be treated <br /> the same way it would have been under the standard Section 106 review process as set out in 36 CFR§ <br /> 800.3 through 800.6. Please note that all comments submitted through the NEPA process are submitted <br /> through regulations.gov and are available for viewing by the public. However, BOEM will provide a <br /> different means for Consulting Parties to provide comments that contain sensitive information, if <br /> requested. For Indian Tribes,as defined at 36 CFR§800.16(m), BOEM's Tribal Liaison Officers can <br /> provide additional guidance on sharing sensitive information for Section 106 review purposes. <br /> VII. What is the role of third-party contractors in the"NEPA substitution for Section 106" process? <br /> A third-party contractor has been contracted to aid with the preparation of each EIS assessing the <br /> environmental effects of a renewable energy COP.The lessee pays for the third-party contractor's <br /> services, but BOEM is responsible for providing all work direction as well as reviewing all work <br /> performed by the third-party contractor.Third-party contractor support is essential so BOEM can meet <br /> deadlines for multiple projects occurring simultaneously.Throughout the "NEPA substitution for Section <br /> 106" process you can expect to be contacted by the third-party contractor.The third-party contractor <br /> will support BOEM by performing various administrative and logistical tasks, including but not limited to <br /> coordinating communication with the consulting parties;distributing BOEM-approved documents; <br /> providing technical assistance; and hosting and facilitating NEPA and/or NHPA meetings,webinars,and <br /> calls with consulting parties. It is important to note that it is BOEM's responsibility to comply with <br /> Section 106 and all decisions and content of the Draft EIS, Final EIS, and ROD as well as other documents <br /> are determined by BOEM. <br /> Additionally, BOEM fully recognizes that the responsibility to consult with the appropriate federally <br /> recognized tribes(as defined at 36 CFR 800.16(m)) is its own and cannot be delegated, per 36 CFR <br /> Section 800.2(c)(4). Due to the special legal relationship between BOEM and federally recognized <br /> Tribes,third party contractors will not participate in government-to-government consultations between <br /> BOEM and federally recognized Tribes. <br /> Page 4 of 4 <br />