[Code of Federal Regulations]
[Title 40, Volume 31]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1506.8]

[Page 889-890]
 
                   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 890]]

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.