MAY THE CITY OF SANTA ANA REQUIRE A CONTRACTOR BUILDING A FEDERAL OFFICE BUILDING IN THE CITY TO SUBMIT AN ENVIRONMENTAL IMPACT REPORT PURSUANT TO SECTION 21-100 OF THE CALIFORNIA PUBLIC RESOURCES CODE

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/~ T~ housing on land owned by the National government (Oklahoma City v ~ Sanders (1938) 94 F 2d 323). Furthermore, the~National government has established legislation declaring a national environmental policy (42 U.S.C.A. Section 4321 et. seq.). Section 4332 requires ::a detailed environmental impact statement on all major federal actions;~significantly effecting the quality of human environment. .Such a statement has been prepared on the proposed Federal Building. Local laws~do not. necessarily vanish when the Federal government assumes jurisdiction over property - local laws may continue unless and until abrogated by congress (James Stewart and Co. v Sadrakuza (1940) 309 US 94). The extent of any preemption must be determined by finding whether State or local police power regulations are compatible with the policy expressed in the Federal statute and the constitution (Public Housing Administration v Bristol Township (1956) 146 F.S. 859). Congress has set out a comprehensive environmental impact statement•requirement, and the General Services Administration has applied those requirements to the proposed Federal building. It would appear that the Federal Government has preempted the field~as regards Federal property, and that therefore the National Government need not comply with State or local environmental impact requirements. l-ihis view is strengthened by subparagraph (c) of section 4332, that provides a vehicle for appropriate State and local agencies to attach their comments and views to the Federal statements, Thus the establishment of comprehensive environmental impact requirements for Federal projects would appear to preempt the applicability of any State provisions to such projects. ''~ Section 21101 of the California Public Resources Code provides that on Federal Projects on which the State officially comments, the State officials resposal for such comments shall make an environmental impact report and .transmit-the comments of the State to•the Federal Government. Thus if the State wishes to officially comment on the Federal environmental impact statement it can require a report to be prepared. This does not appear to be a mandatory requirement, but rather a voluntary one, and it does not appear that the State or any subdivision thereof has decided to officially so comment, nor is there any requirement that such comment be made.. Therefore, we conclude that~an environmental impact report is not required of the proposed Federal Building. 64