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documents are short, or where the EIS format and the regulations for clear,
analytical EISs also satisfy the requirements for a project report.
CHAPTER 11
22. Q. May state and federal agencies serve as joint lead agencies? If so, how
do they resolve law, policy and resource conflicts under NEPA and the relevant
state environmental policy act? How do they resolve differences in perspective
where, for example, national and local needs may differ?
A. Under Section 1501.5(b), federal, state or local agencies, as long as they
include at least one federal agency, may act as joint lead agencies to prepare
an EIS. Section 1506.2 also strongly urges state and local agencies and the
relevant federal agencies to cooperate fully with each other. This should
cover joint research and studies, planning activities, public hearings,
environmental assessments and the preparation of joint EISs under NEPA and the
relevant "little NEPA" state laws, so that one document will satisfy both
laws.
The regulations also recognize that certain inconsistencies may exist between
the proposed federal action and any approved state or local plan or law. The
Joint document should discuss the extent to which the federal agency would
reconcile its proposed action with such plan or law. Section 1506.2(d). (See
Question 23).
Because there may be differences in perspective as well conflicts among
federal, state and local goals for resources management, the Council has
advised participating agencies to adopt a flexible, cooperative approach. The
joint EIS should reflect all of their interests and missions, clearly
identified as such. The final document would then indicate how state and local
interests have been accommodated, or would identify conflicts in goals (e.g.,
how a hydroelectric project, which might induce second home development, would
require new land use controls). The EIS must contain a complete discussion of
scope and purpose of the proposal, alternatives, and impacts so that the
discussion is adequate to meet the needs of local, state and federal decision-
makers.
23a. Q. How should an agency handle potential conflicts between a proposal and
the objectives of Federal, state or local land use plans, policies and
controls for the area concerned? See Sec. 1502.16(c).
A. The agency should first inquire of other agencies whether there are any
potential conflicts. If there would be immediate conflicts or if conflicts
could arise in the future when the plans are finished (see Question 23(b)
below), the EIS must acknowledge and describe the extent of those conflicts.
If there are any possibilities of resolving the conflicts, these should be
explained as well. The EIS should also evaluate the seriousness of the impact
of the proposal on the land use plans and policies, and whether, or how much,
the proposal will impair the effectiveness of land use control mechanisms for
the area. Comments from officials of the affected area should be solicited
early and should be carefully acknowledged and answered in the EIS.
23b. Q. What constitutes a "land use plan or policy" for purposes of this
discussion?
A. The term, "land use plans," includes all types of formally adopted
documents for land use planning, zoning and related regulatory requirements.
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