[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: 40CFR1506.8]



[Page 887-888]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1506_OTHER REQUIREMENTS OF NEPA--Table of Contents

 

Sec.  1506.8  Proposals for legislation.



    (a) The NEPA process for proposals for legislation (Sec.  1508.17) 

significantly affecting the quality of the human environment shall be 

integrated with the legislative process of the Congress. A legislative 

environmental impact statement is the detailed statement required by law 

to be included in a recommendation or report on a legislative proposal 

to Congress. A legislative environmental impact statement shall be 

considered part of the formal transmittal of a legislative proposal to 

Congress; however, it may be transmitted to Congress up to 30 days later 

in order to allow time for completion of an accurate statement which can 

serve as the basis for public and Congressional debate. The statement 

must be available in time for Congressional hearings and deliberations.

    (b) Preparation of a legislative environmental impact statement 

shall conform to the requirements of these regulations except as 

follows:

    (1) There need not be a scoping process.

    (2) The legislative statement shall be prepared in the same manner 

as a draft statement, but shall be considered the ``detailed statement'' 

required by statute; Provided, That when any of the following conditions 

exist both the draft and final environmental impact statement on the 

legislative proposal shall be prepared and circulated as provided by 

Sec. Sec.  1503.1 and 1506.10.

    (i) A Congressional Committee with jurisdiction over the proposal 

has a



[[Page 888]]



rule requiring both draft and final environmental impact statements.

    (ii) The proposal results from a study process required by statute 

(such as those required by the Wild and Scenic Rivers Act (16 U.S.C. 

1271 et seq.) and the Wilderness Act (16 U.S.C. 1131 et seq.)).

    (iii) Legislative approval is sought for Federal or federally 

assisted construction or other projects which the agency recommends be 

located at specific geographic locations. For proposals requiring an 

environmental impact statement for the acquisition of space by the 

General Services Administration, a draft statement shall accompany the 

Prospectus or the 11(b) Report of Building Project Surveys to the 

Congress, and a final statement shall be completed before site 

acquisition.

    (iv) The agency decides to prepare draft and final statements.

    (c) Comments on the legislative statement shall be given to the lead 

agency which shall forward them along with its own responses to the 

Congressional committees with jurisdiction.