AMENDING THE NATIONAL ENVIRONMENTAL POLICY ACT ΤΟ CLARIFY THE FEDERAL AND STATE ROLES IN THE PREPARATION OF ENVIRONMENTAL ANALYSES ON CERTAIN FEDERAL PROGRAMS JULY 24 (legislative day, JULY 21), 1975.-Ordered to be printed Mr. JACKSON, from the committee of conference, CONFERENCE REPORT [To accompany H.R. 3130] The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 3130) to amend the National Environmental Policy Act of 1969 in order to clarify the procedures therein with respect to the preparation of environmental impact statements, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment insert the following: That section 102 (2) of the National Environmental Policy Act of 1969 (83 Stat. 852) is amended by redesignating subparagraphs (D), (E), (F), (G), and (H) as subparagraphs (E), (F), (G), (H), and (I), respectively; and by adding immediately after subparagraph (C) the following new subparagraph: "(D) Any detailed statement required under subparagraph (C) after January 1, 1970, for any major Federal action funded under a program of grants to States shall not be deemed to be legally insufficient solely by reason of having been prepared by a State agency or official, if: "(i) the State agency or official has statewide jurisdiction and has the responsibility for such action, "(ii) the responsible Federal official furnishes guidance and participates in such preparation, 57-010 O 66 "(iii) the responsible Federal official independently evaluates such statement prior to its approval and adoption, and "(iv) after January 1, 1976, the responsible Federal official provides early notification to, and solicits the views of, any other State or any Federal land management entity of any action or any alternative thereto which may have significant impacts upon such State or affected Federal land management entity and, if there is any disagreement on such impacts, prepares a written assessment of such impacts and views for incorporation into such detailed statement. The procedures in this subparagraph shall not relieve the Federal official of his responsibilities for the scope, objectivity, and content of the entire statement or of any other responsibility under this Act; and further, this subparagraph does not affect the legal sufficiency of statements prepared by State agencies with less than statewide jurisdiction.". And the Senate agree to the same. HENRY M. JACKSON, PAUL J. FANNIN, MARK O. HATFIELD, Managers on the Part of the Senate. LEONOR K. SULLIVAN, ROBERT L. LEGGETT, JOHN DINGELL, JOHN M. MURPHY, PHILIP E. RUPPE, EDWIN B. FORSYTHE, Managers on the Part of the House. S.R. 331 JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE The managers on the part of the House and Senate at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 3130), to amend the National Environmental Policy Act of 1969 in order to clarify the procedures therein with respect to the preparation of environmental impact statements, submit the following joint statement to the House and the Senate in explanation of the effect of the action agreed upon by the managers and recommended in the accompanying conference report. The Senate amendment struck out all of the House bill after the enacting clause and inserted a substitute text. The committee of conference has agreed to a substitute for both the House bill and the Senate amendment. The language agreed upon by the conference committee retains virtually verbatim the language of the bill enacted by the House. It also preserves the purpose of the Senate amendment. The conference committee, however, agreed to alter the language of that amendment in order to clarify certain ambiguities therein. Except for clarifying, clerical and conforming changes, the language of the conference report differs from the bill enacted by the House and the amendment enacted by the Senate in four respects: 1. The House bill amended the National Environmental Policy Act of 1969 ("NEPA", 83 Stat. 852) to create a new subsection at the end of section 102. The Senate amendment amended NEPA by inserting the language of H.R. 3130 at the end of section 102 (2) (C), the specific provision of NEPA which contains the environmental impact statement ("EIS") requirement. The conference report amends NEPA by redesignating subparagraphs (D) through (H) as subparagraphs (E) through (I), respectively, and adds a new subparagraph (D). The language of the conference report refers specifically and applies only to section 102(2)(C); the new subparagraph (D) was created solely for clarifying and reference purposes. 2. The House bill referred to environmental impact statements "prepared after January 1, 1970." The Senate amendment referred to any such statement "prepared after January 1, 1970, on a major Federal action funded under a program of grants to States," thus removing from the application of H.R. 3130 Federal licensing, permitting, certificating, contracting, construction programs or other programs which do not provide grants to States. The conference committee adopted the Senate language. 3. The House bill permitted delegation of EIS preparation responsibilities to a "State agency or official." The intent of the House bill was to restate administrative and case law concerning the legally permis S.R. 331 |