[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1506.2]



[Page 885]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1506_OTHER REQUIREMENTS OF NEPA--Table of Contents

 

Sec.  1506.2  Elimination of duplication with State and local procedures.



    (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 

or 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.