From supranational to intertribal - Governing Transboundary Waters: Canada, the United States, and Indigenous Communities - page 59

Governor of Washington. The governance processes aim to be transparent, with
agendas and meeting minutes publicly available through websites and meetings
open to the public.
Two “lead agencies” deal with the day-to-day operations of the ECC: the British
Columbia Ministry of Environment, Lands and Parks (Ministry) and the Washington
Department of Ecology (Ecology). These agencies are responsible for the imple-
mentation of the goals outlined in the Environmental Cooperation Agreement signed
by British Columbia Premier Harcourt and Washington State Governor Gardner.
They provide the necessary institutional support and staffing to manage the council
and coordinate the international task forces. They also engaged in other activities
promoting transboundary environmental governance, such as coordinating. This
sub-governance structure, where subnational actors take a more prominent role than
federal actors, is indicative of rescaling processes found throughout North America.
What is interesting, however, is that while the documentation of rescaling of
environmental governance mechanisms is pervasive within a domestic setting , 7 fe w
studies look specifically at rescaling in a transboundary settin g. 8

Memorandum of Understanding and Agreements

The Environmental Cooperation Agreement provides the general framework for
binational cooperation and the creation of its council. In 1996, the lead agencies
developed a Memorandum of Understanding (MOU) to detail further their specific
roles in binational governance. The MOU serves as a framework to assist in the
implementation of the ECA and to serve as a link between specific agreements.
Specifically, the provincial/state agencies agree to:

• designate lead liaisons for cross-border communications who serve as primary

contacts on issues related to the ECA;

• establish communications among staff members (upon request by the other

jurisdictions);

• enable open information-sharing and awareness of processes for public review;

• comment on environmental issues with cross-border impacts;

• refer appropriate agencies within the state and province when an issue needing

resolution does not fall within the responsibilities of the lead agency; and

• create working relationships with regional representatives of federal agencies

to assist with transboundary cooperation.

Furthermore, the state and province agree to support the implementation mechan-
isms prepared by the lead agencies:

• exchange draft permits on proposed major projects that could have cross-border

impacts;

• include the regional office of the other jurisdiction in the distribution of

environmental assessments for major projects within a close radius to the border;