Can a NEPA or CEQA document function as a federal consistency submittal? Do I have to submit a draft or final NEPA or CEQA document with my consistency submittal?
NEPA/CEQA documents are not legally required. See 15 CFR 930.37, ‘which provides:’ A Federal agency may use its NEPA documents as a vehicle for its consistency determination or negative determination under this subpart. However, a Federal agency’s federal consistency obligations under the Act are independent of those required under NEPA and are not necessarily fulfilled by the submission of a NEPA document. State agencies shall not require Federal agencies to submit NEPA documents as information required pursuant to 930.39. If a Federal agency includes its consistency determination or negative determination in a NEPA document, the Federal agency shall ensure that the NEPA document includes the information and adheres to the timeframes required by this subpart. Federal agencies and State agencies should mutually agree on how to best coordinate the requirements of NEPA and the Act. 15 CFR 930.39 and 930.58 describe the consistency determination and consistency certification information r
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