GAMUT Online : : Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 14. Projects Also Subject to the National Environmental Policy Act (NEPA) NEPA Document Ready Before CEQA Document. T14 15221

Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 14. Projects Also Subject to the National Environmental Policy Act (NEPA) NEPA Document Ready Before CEQA Document.

(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.

Authority cited:

Public Resources Code 21083

Reference:

Public Resources Code 21083.5

Public Resources Code 21083.7

Section 102(2)(C) of NEPA, 43 U.S.C.A. 4322(2)(C).

(Amended by Register 2005, No. 40.)