Boarding a Moving Train: Joining the EIR Process
As discussed above, Federal and California agencies may cooperate to prepare
one document for base disposal and reuse plans which will satisfy both NEPA
and CEQA requirements. The following section suggests an alternative intervention
strategy for local agencies when a joint document is not being prepared
and the federal agency is proceeding on its own.
CEQA specifically allows the use of an EIS in place of an EIR when the EIS
meets all substantive requirements of CEQA (Section 21083.5 and Guidelines
Section 15221). A local agency may take a number of independent actions
which will help ensure that the EIS sufficiently complies with the provisions
of CEQA and the CEQA Guidelines to qualify as an EIR. As in the case
of joint preparation, the local agency must involve itself as early in the
process as possible.
Typically, in this situation no locally agreed upon reuse plan is yet available.
As a result, the local agency cannot expect the EIS to accurately reflect
the eventual direction on reuse. In the end, the result should be an EIS
which, although limited in its applicability to specific later projects,
at least can be considered the equivalent of an EIR.
The primary goal of the local agency should be that the EIS will meet the
basic notice and content requirements of CEQA. Tiering and application of
the subsequent/supplemental EIRs to later projects will be easier when there
is no question that the prior EIS meets all substantive CEQA requirements.
Here are specific suggestions for each stage of the federal EIS process.
Notice of Intent:
Request that the DoD agency submit a copy of the NOI to responsible State
and local agencies and to the State Clearinghouse, pursuant to 40 CFR 1506.6
(public involvement). The local agency should provide a list of agencies
and their addresses to the federal agency as part of this request. The local
agency should also request that the NOI list the possible environmental
impacts of the project.
Scoping:
The local agency should offer comments to the DoD agency relative to the
potential environmental effects, cumulative effects, growth-inducing impacts,
project alternatives, and mitigation measures which would be required to
comply with CEQA. The local agency's intention should be to direct the discussions
in the EIS in a manner which will fulfill CEQA requirements for content.
Notice of Availability (NOA):
The local agency should request that the DoD agency send the NOA to the
State Clearinghouse, as well as any other agencies that were sent the NOI,
and provide a comment period that is no shorter than that established by
the State Clearinghouse (at least 45 days). The NOI should contain all those
elements required by Section 21092. The local agency should also request
that the DoD agency send 10 copies of the Draft EIS to the Clearinghouse,
or do so itself. In addition, the local agency should request that the DoD
agency provide public notice of the NOA pursuant to Section 21092 (as encouraged
by 40 CFR 1506.2 and 1506.6), or provide such notice itself. Notice should
also be posted in the County Clerk's office for a period of not less than
30 days.
Draft EIS:
Taking a tip from Section 21101, which directs State agencies to include
in their comments on a draft EIS "a detailed statement" putting
the comments into the context of the mandated contents of an EIR, the local
agency's comments should identify that material which is otherwise required
of an EIR. Particular attention should be paid to the project description,
potential environmental effects, cumulative effects, growth-inducing impacts,
project alternatives, and mitigation measures. Further, the local agency's
comments may include additional discussion and analyses of these topics.
They may also restate the contents of the EIS' discussion of the project
in a format more consistent with CEQA.
For example, an EIS typically places equal emphasis on the project and alternatives.
CEQA, however, emphasizes the project and relates the discussions of significant
effects, cumulative effects, and growth inducing impacts directly to that
project. A local agency may identify and reference, or even restate, the
relevant EIS discussions as they relate to the reuse plan.
If no local base reuse plan was available during the drafting of the EIS,
this is the last practical opportunity for the local agency to attempt to
have such a plan incorporated into the EIS. If a local reuse plan has been
completed by this stage, the local agency should submit a copy of that plan
with its comments on the Draft EIS. The local agency may also include an
examination of the reuse plan's significant effects, cumulative effects,
and growth-inducing impacts.
Distribution of the Final EIS and Federal Action:
If a base reuse plan is completed after the end of the review period for
the Draft EIS, but during final distribution of the Final EIS, the local
agency should immediately so inform the DoD agency and provide it with a
copy of that plan. The local agency may suggest that for purposes of 40
CFR Section 1502.9 the base reuse plan constitutes "significant new
circumstances or information relevant to environmental concerns" requiring
preparation of a supplement to the Final EIS. The supplement would effectively
incorporate the local reuse plan into the EIS.
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Local Projects
State of California
Governor's Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
916-322-2318