Appendix 1
Excerpts from California and Federal Statutes
Excerpts from the CALIFORNIA PUBLIC RESOURCES CODE (CEQA statute):
21083.5. (a) The guidelines prepared and adopted pursuant to Section
21083 shall provide that, when an environmental impact statement has been,
or will be, prepared for the same project pursuant to the requirements of
the National Environmental Policy Act of 1969 (42 U.S.C. Section 4321 et
seq.) and implementing regulations, or an environmental impact report has
been, or will be, prepared for the same project pursuant to the requirements
of the Tahoe Regional Planning Compact (Section 66801 of the Government
Code) and implementing regulations, all or any part of that statement or
report may be submitted in lieu of all or any part of an environmental impact
report required by this division, if that statement or report, or the part
which is used, complies with the requirements of this division and the guidelines
adopted pursuant thereto.
(b) Notwithstanding subdivision (a), compliance with this division may be
achieved for the adoption in a city or county general plan without any additions
or changes of all or any part of the regional plan prepared pursuant to
the Tahoe Regional Planning Compact and implementing regulations by reviewing
environmental documents prepared pursuant to this division of any significant
effect on the environment not addressed in the environmental documents,
and proceeding in accordance with Section 21081. This subdivision does not
exempt a city or county from complying with the public review and notice
requirements of this division.
21083.6. In the event that a project requires both an environmental
impact report prepared pursuant to the requirements of this division and
an environmental impact statement prepared pursuant to the requirements
of the National Environmental Policy Act of 1969, an applicant may request
and the lead agency may waive the time limits established pursuant to Section
21100.2 or 21151.5 if it finds that additional time is required to prepare
the combined environmental impact report environmental impact statement
and that the time required to prepare such a combined document would be
shorter than that required to prepare each document separately.
21083.7. In the event that a project requires both an environmental
impact report prepared pursuant to the requirements of this division and
an environmental impact statement prepared pursuant to the requirements
of the National Environmental Policy Act of 1969, the lead agency shall,
whenever possible, use the environmental impact statement as such environmental
impact report as provided in Section 21083.5. In order to implement the
provisions of this section, each lead agency to which this section is applicable
shall consult, as soon as possible, with the agency required to prepare
such environmental impact statement.
21101. In regard to any proposed federal project in this state which
may have a significant effect on the environment and on which the state
officially comments, the state officials responsible for such comments shall
include in their report a detailed statement setting forth the matters specified
in Section 21100 prior to transmitting the comments of the state to the
federal government. No report shall be transmitted to the federal government
unless it includes such a detailed statement as to the matters specified
in Section 21100.
Excerpts from the CEQA GUIDELINES
Article 14. Projects Which are Also Subject to the National Environmental
Policy Act (NEPA)
15220. This article applies to projects that are subject to both CEQA
and NEPA. NEPA applies to projects which are carried out, financed, or approved
in whole or in part by federal agencies. Accordingly, this article applies
to projects which involve one or more state or local agencies and one or
more federal agencies.
15221. (a) When a project will require compliance with both CEQA
and NEPA, state or local agencies should use the EIS or finding of no significant
impact rather than preparing an EIR or negative declaration if the following
two conditions occur:
(1) An EIS or finding of no significant impact will be prepared before an
EIR or negative declaration would otherwise be completed for the project;
and
(2) The EIS or finding of no significant impact complies with the provisions
of these guidelines.
(b) Because NEPA does not require separate discussion of mitigation measures
or growth inducing impacts, these points of analysis will need to be added,
supplemented, or identified before the EIS can be used as an EIR.
15222. If a lead agency finds that an EIS or finding of no significant
impact would not be prepared by the federal agency by the time when a lead
agency will need to consider an EIR or negative declaration, the lead agency
should try to prepare a combined EIR-EIS or negative declaration-finding
of no significant impact. To avoid the need for the federal agency to prepare
a separate document for the same project, the lead agency must involve the
federal agency in preparation of the joint document. This involvement is
necessary because federal law generally prohibits a federal agency from
using an EIR prepared by a state agency unless the federal agency was involved
in the preparation of the document.
15223. When it plans to use an EIS or finding of no significant impact
or to prepare such a document jointly with a federal agency, the lead agency
shall consult as soon as possible with the federal agency.
15224. Where a project will be subject to both CEQA and the National
Environmental Policy Act, the one year time limit and the 105 day time limit
may be waived pursuant to Section 15110.
15225. Where the federal agency circulated the EIS or finding of
no significant impact for public review as broadly as state or local law
may require and gave notice meeting the standards in Section 15072(a) or
15087(a), the lead agency under CEQA may use the federal documents in place
of an EIR or negative declaration without recirculating the federal document
for public review. One review and comment period is enough. Prior to using
the federal document in this situation, the lead agency shall give notice
that it will use the federal document in the place of an EIR or negative
declaration and that it believes that the federal document meets the requirements
of CEQA. The notice shall be given in the same manner as a notice of the
public availability of a draft EIR under Section 15087.
15226. State and local agencies should cooperate with federal agencies
to the fullest extent possible to reduce duplication between the California
Environmental Quality Act and the National Environmental Policy Act. Such
cooperation should, to the fullest extent possible, include:
(a) Joint planning processes,
(b) Joint environmental research and studies,
(c) Joint public hearings,
(d) Joint environmental documents.
15227. When a state agency officially comments on a proposed federal
project which may have a significant effect on the environment, the comments
shall include or reference a discussion of the material specified in Section
15126. An EIS on the federal project may be referenced to meet the requirements
of this section.
15228. Where a federal agency will not cooperate in the preparation
of a joint document and will require separate NEPA compliance for the project
at a later time, the state or local agency should persist in efforts to
cooperate with the federal agency. Because NEPA expressly allows federal
agencies to use environmental documents prepared by an agency of statewide
jurisdiction, a local agency should try to involve a state agency in helping
prepare an EIR or negative declaration for the project. In this way there
will be a greater chance that the federal agency may later use the CEQA
document and not require the applicant to pay for preparation of a second
document to meet NEPA requirements at a later time.
Excerpts from the COUNCIL ON ENVIRONMENTAL QUALITY NEPA REGULATIONS
(Code of Federal Regulations)
40 CFR 1502.9. Except for legislation as provided in Section 1506.8
environmental impact statements shall be prepared in two stages and may
be supplemented.
(a) Draft environmental impact statements shall be prepared in accordance
with the scope decided upon in the scoping process. The lead agency shall
work with the cooperating agencies and shall obtain comments as required
in Part 1503 of this chapter. The draft statement must fulfill and satisfy
to the fullest extent possible the requirements established for final statements
in Section 102(2)(C) of the Act. If a draft statement is so inadequate as
to preclude meaningful analysis, the agency shall prepare and circulate
a revised draft of the appropriate portion. The agency shall make every
effort to disclose and discuss at appropriate points in the draft statement
all major points of view on the environmental impacts of the alternatives
including the proposed action.
(b) Final environmental impact statements shall respond to comments as required
in Part 1503 of this chapter. The agency shall discuss at appropriate points
in the final statement any responsible opposing view which was not adequately
discussed in the draft statement and shall indicate the agency's response
to the issues raised.
(c) Agencies:
(1) Shall prepare supplements to either draft or final environmental impact
statements if:
(i) The agency makes substantial changes in the proposed action that are
relevant to environmental concerns; or
(ii) There are significant new circumstances or information relevant to
environmental concerns and bearing on the proposed action or its impacts.
(2) May also prepare supplements when the agency determines that the purposes
of the Act will be furthered by doing so.
(3) Shall adopt procedures for introducing a supplement into its formal
administrative record, if such a record exists.
(4) Shall prepare, circulate, and file a supplement to a statement in the
same fashion (exclusive of scoping) as a draft and final statement unless
alternative procedures are approved by the Council.
40 CFR 1506.2. (a) Agencies authorized by law to cooperate with State
agencies of statewide jurisdiction pursuant to section 102(2)(D) of the
Act may do so.
(b) Agencies shall cooperate with State and local agencies to the fullest
extent possible to reduce duplication between NEPA and State and local requirements,
unless the agencies are specifically barred from doing so by some other
law. Except for cases covered by paragraph (a) of this section, such cooperation
shall to the fullest extent possible include:
(1) Joint planning processes.
(2) Joint environmental research and studies.
(3) Joint public hearings (except where otherwise provided by statute).
(4) Joint environmental assessments.
(c) Agencies shall cooperate with State and local agencies to the fullest
extent possible to reduce duplication between NEPA and comparable State
and local requirements, unless the agencies are specifically barred from
doing so by some other law. Except for cases covered by paragraph (a) of
this section, such cooperation shall to the fullest extent possible include
joint environmental impact statements. In such cases one or more Federal
agencies and one or more State or local agencies shall be joint lead agencies.
Where State laws or local ordinances have environmental impact statement
requirements in addition to but not in conflict with those in NEPA, Federal
agencies shall cooperate in fulfilling these requirements as well as those
of Federal laws so that one document will comply with all applicable laws.
(d) To better integrate environmental impact statements into State and local
planning processes, statements shall discuss any inconsistency of a proposed
action with any approved State or local plan and laws (whether or not federally
sanctioned). Where an inconsistency exists, the statement should describe
the extent to which the agency would reconcile its proposed action with
the plan or law.
40 CFR 1506.6. Agencies shall:
(a) Make diligent efforts to involve the public in preparing and implementing
their NEPA procedures.
(b) Provide public notice of NEPA-related hearings, public meetings, and
the availability of environmental documents so as to inform those persons
and agencies who may be interested or affected.
(1) In all cases the agency shall mail notice to those who have requested
it on an individual action.
(2) In the case of an action with effects of national concern notice shall
include publication in the Federal Register and notice by mail to national
organizations reasonably expected to be interested in the matter and may
include listing in the 102 Monitor. An agency engaged in rulemaking may
provide notice by mail to national organizations who have requested that
notice be regularly provided. Agencies shall maintain a list of such organizations.
(3) In the case of an action with effects primarily of local concern the
notice may include:
(i) Notice to State and areawide clearinghouses pursuant to OMB Circular
A-95 (revised).
(ii) Notice to Indian tribes when effects may occur on reservations.
(iii) Following the affected State's public notice procedures for comparable
actions.
(iv) Publication in local newspapers (in papers of general circulation rather
than legal papers).
(v) Notice through other local media.
(vi) Notice to potentially interested community organizations including
small business associations.
(vii) Publication in newsletters that may be expected to reach potentially
interested persons.
(viii) Direct mailing to owners and occupants of nearby or affected property.
(ix) Posting of notice on and off site in the area where the action is to
be located.
(c) Hold or sponsor public hearings or public meetings whenever appropriate
or in accordance with statutory requirements applicable to the agency.
Criteria shall include whether there is:
(1) Substantial environmental controversy concerning the proposed action
or substantial interest in holding the hearing.
(2) A request for a hearing by another agency with jurisdiction over the
action supported by reasons why a hearing will be helpful. If a draft environmental
impact statement is to be considered at a public hearing, the agency should
make the statement available to the public at least 15 days in advance (unless
the purpose of the hearing is to provide information for the draft environmental
impact statement).
(d) Solicit appropriate information from the public.
(e) Explain in its procedures where interested persons can get information
or status reports on environmental impact statements and other elements
of the NEPA process.
(f) Make environmental impact statements, the comments received, and any
underlying documents available to the public pursuant to the provisions
of the Freedom of Information Act (5 U.S.C. 552), without regard to the
exclusion for interagency memoranda where such memoranda transmit comments
of Federal agencies on the environmental impact of the proposed action.
Materials to be made available to the public shall be provided to the public
without charge to the extent practicable, or at a fee which is not more
than the actual costs of reproducing copies required to be sent to other
Federal agencies, including the Council [on Environmental Quality].
40 CFR 1506.10. (a) The Environmental Protection Agency shall publish
a notice in the Federal Register each week of the environmental impact statements
filed during the preceding week. The minimum time periods set forth in this
section shall be calculated from the date of publication of this notice.
(b) No decision on the proposed action shall be made or recorded under Section
1505.2 by a Federal agency until the later of the following dates:
(1) Ninety (90) days after publication of the notice described above under
in paragraph (a) of this section for a draft environmental impact statement.
(2) Thirty (30) days after publication of the notice described above in
paragraph (a) of this section for a final environmental impact statement.
An exception to the rules on timing may be made in the case of an agency
decision which is subject to a formal internal appeal. Some agencies may
have a formally established appeal process which allows other agencies or
the public to take appeals on a decision and make their views known, after
publication of the final environmental impact statement. In such cases,
where a real opportunity exists to alter the decision, the decision shall
be made and recorded at the same time the environmental impact statement
is published. This means that the period for appeal of the decision and
the 30-day period prescribed in paragraph (b)(2) of this section may run
concurrently. In such cases the environmental impact statement shall explain
the timing and the public's right of appeal. An agency engaged in rulemaking
under the Administrative Procedure Act or other statute for the purpose
of protecting the public health or safety, may waive the time period in
paragraph (b)(2) of this section and publish a decision on the final rule
simultaneously with publication of the notice of the availability of the
final environmental impact statement as described in paragraph (a) of this
section.
(c) If the final environmental impact statement is filed within ninety (90)
days after a draft environmental impact statement is filed with the Environmental
Protection Agency, the minimum thirty (30) day period and the minimum ninety
(90) day period may run concurrently. However, subject to paragraph (d)
of this section agencies shall not allow less than 45 days for comments
on draft statements.
(d) The lead agency may extend prescribed periods. The Environmental Protection
Agency may upon a showing by the lead agency of compelling reasons of national
policy reduce the prescribed periods and may upon a showing by any other
Federal agency of compelling reasons of national policy also extend the
prescribed periods, but only after consultation with the lead agency. Failure
to file timely comments shall not be a sufficient reason for extending a
period. If the lead agency does not concur with the extension of time, EPA
may not extend it for more than 30 days. When the Environmental Protection
Agency reduces or extends any period of time it shall notify the Council.
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EIS/EIR
State of California
Governor's Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
916-322-2318