28 U.S.C. 509, 510; 5 U.S.C. 301; Executive Order No.11991.
Order No. 927-81, 46 FR 7953, Jan. 26, 1981, unlessotherwise noted.
(a) The National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321
(b) Executive Order No. 11991 of May 24, 1977, directed the Council onEnvironmental Quality (CEQ) to issue regulations to implement the proceduralprovisions of NEPA. Accordingly, CEQ issued final NEPA regulations, 40 CFR parts1500-1508, (“The NEPA regulations”). These regulations providethat each federal agency shall, as necessary, adopt implementing procedures tosupplement the regulations. The NEPA regulations identify those sections of theregulations which must be addressed in agency procedures.
The purpose of this part is to establish Department of Justice procedureswhich supplement the relevant provisions of the NEPA regulations and to providefor the implementation of those provisions identified in 40 CFR 1507.3(b).
The procedures set forth in this part, with the exception of the appendices,apply to all organizational elements of the Department of Justice. Internalprocedures applicable, respectively, to
The NEPA regulations define “major federal action.” “Majorfederal action” does not include action taken by the Department of Justicewithin the framework of judicial or administrative enforcement proceedings orcivil or criminal litigation, including but not limited to the submission ofconsent or settlement agreements and investigations. Neither does “majorfederal action” include the rendering of legal advice.
(a) The NEPA regulations require agencies to establish three typical classesof action for similar treatment under NEPA. These classes are: actions normallyrequiring environmental impact statements (EIS), actions normally not requiringassessments or EIS, and actions normally requiring assessments but notnecessarily EIS. Typical Department of Justice actions falling within each classhave been identified as follows:
(1)
(2)
(3)
(ii) Proposals for legislation developed by or with the significantcooperation and support of the Department of Justice and for which theDepartment has primary responsibility for the subject matter.
(b) The Department of Justice shall independently determine whether an EIS oran environmental assessment is required where:
(1) A proposal for agency action is not covered by one of the typical classesof action above; or
(2) For actions which are covered, the presence of extraordinarycircumstances indicates that some other level of environmental review may beappropriate.
The NEPA regulations contain requirements to ensure adequate consideration ofenvironmental documents in agency decisionmaking. To implement theserequirements, the Department of Justice shall:
(a) Consider from the earliest possible point in the process all relevantenvironmental documents in evaluating proposals for Department action;
(b) Ensure that all relevant environmental documents, comments and responsesaccompany the proposal through existing Department review processes;
(c) Consider those alternatives encompassed by the range of alternativesdiscussed when evaluating proposals for Department action, or if it is desirableto consider substantially different alternatives, first supplement theenvironmental document to include analysis of the additional alternatives;
(d) Where an EIS has been prepared, consider the specific alternativesanalyzed in the EIS when evaluating the proposal which is the subject of theEIS.
(a) Each subunit of the Department of Justice which develops or significantlycooperates and supports a bill or legislative proposal to Congress which mayhave an effect on the environment shall, in the early stages of development ofthe bill or proposal, undertake an assessment to determine whether thelegislation will significantly affect the environment. The Office of LegislativeAffairs shall monitor legislative proposals to assure that Department proceduresfor legislation are complied with. Requests for appropriations need not be soanalyzed.
(b) If the Department of Justice has primary responsibility for the subject
If an environmental document includes classified matter, a version containingonly unclassified material shall be prepared unless the head of the office,board, bureau or division determines that preparation of an unclassified versionis not feasible.
CEQ shall be consulted when emergency circumstances make it necessary to takea major federal action with significant environmental impact without followingotherwise applicable procedural requirements under NEPA.
The Land and Natural Resources Division shall have final responsibility forensuring compliance with the requirements of the procedures set forth in thispart.
Interested persons may contact the Land and Natural Resources Division forinformation regarding Department Justice compliance with NEPA.
1.
2.
3.
The Bureau of Prisons performs its mission of protecting society byimplementing the judgments of the Federal courts and safeguarding Federaloffenders committed to the custody of the Attorney General.
The administration of the Federal Prison System consists of six divisions.The central office in Washington, DC, is supplemented by five regional officeslocated in Atlanta, San Francisco, Dallas, Kansas City, and Philadelphia.
4. (
In either case, if the issues appear significantly controversial, an informalpublic hearing will be held to present the issues to the community and seektheir involvement in the planning process. Upon completion of the preliminarygroundwork described above, the Bureau of Prisons will issue an A-95letter of intent to (1) either file an EIS; (2) file an EIA; or (3) discontinuethe efforts of locating a facility in the proposed area.
5.
6.
7.
(1) Construction of a new Federal correctional institution.
(2) Closing of an existing Federal correctional institution.
(3) Activation of a surplus facility for conversion to a Federal correctionalinstitution.
(4) Significant change from the original mission of a Federal correctionalinstitution.
(5) New construction at an existing Federal correctional institution whichmight significantly impact upon the existing community environment.
When the inclusion of certain voluminous data in environmental documentswould prove impractical, the Bureau of Prisons will summarize the data andretain the original material as a part of its administrative record for theproject. This material will be made available to the public in a central placeto be designated in Environmental Impact Statements, and upon written request orcourt order copies of specified material will be provided. A charge may be madefor copying, in accordance with current Department of Justice guidelines forreproduction of records.
Decisionmakers shall verify the consideration of all available options in theEIS with a comparative analysis of the alternatives to be considered in thedecisionmaking process.
8.
(2) Acquisition of surplus facilities for conversion to Federal correctionalinstitutions, if the impact upon the quality of the human environment is likelyto be significant.
(3) The closing of an existing Federal correctional institution, if that islikely to have a significant impact upon the quality of the human environment.
(4) Significant change from the original mission of a Federal correctionalinstitution when the issue is likely to have an impact upon the quality of thehuman environment.
(5) New construction at an existing Federal correctional institution whichwould significantly affect the physical capacity, when the action is likely tohave an impact upon the quality of the human environment.
(6) New construction at an existing Federal correctional institution whichwould significantly impact upon the quality of the community environment.
9.
(2) Construction projects for existing facilities, including but not limitedto: additions and remodeling; replacement of building systems and components;maintenance and operations, repairs, and general improvements; when suchprojects do not significantly alter the program of the facility or significantlyimpact upon the quality of the environment in the community.
(3) Contracts for halfway houses, community corrections centers,comprehensive sanction centers, community detention centers, or other similarfacilities.
10.
(2) Construction of additional facilities at an existing institution when theimpact on the local environment is not seen to be significant, but when thealteration of programs or operations may be controversial.
(3) The closing of an institution or significant reduction in population ofan institution when the impact on the local environment is not seen to besignificant.
11.
(1) When the replacement of suddenly unavailable local utilities services,and/or resources, due to circumstances beyond the control of the Bureau ofPrisons, is vital to the lives and safety of inmates and staff or protection ofU.S. Government property.
(2) When unforeseen circumstances, such as greatly increased judicialcommitments, suddenly dictate the activation of facilities to house increasednumbers of Federal offenders and detainees significantly above the physicalcapacity of the combined Bureau of Prisons facilities in order to insure thelives and safety of inmates and staff or protection of U.S. Government property.
(3) When the sudden destruction of or damage to institutions dictatesimmediate replacement in order to protect the lives and safety of inmates andstaff and protection of U.S. Government property.
12. Review.
(1) If a proposed action is not covered by Sections 8 through 10 of thisappendix, the Bureau of Prisons will independently determine whether to prepareeither an environmental impact statement or an environmental assessment.
(2) When a proposed action that could be classified as a categoricalexclusion under Section 9 of this appendix involves extraordinary circumstancesthat may affect the environment, the Bureau shall conduct appropriateenvironmental studies to determine if the categorical exclusion classificationis proper for that proposed action.
1. Applicability.
2. Typical Classes of Action Requiring Similar Treatment Under NEPA.
3. Environmental Information.
1.
This part applies to all organizational elements of the Drug EnforcementAdministration [DEA].
2.
(a) Section 1507.3(c)(2) in conjunction with § 1508.4 requiresagencies to establish three typical classes of action for similar treatmentunder NEPA. These typical classes of action are set forth below:
(b) For the principal DEA program requiring environmental review, thefollowing chart identifies the point at which the NEPA process begins, the pointat which it ends, and the key agency officials or offices required to considerenvironmental documents in their decisionmaking.
(c) The DEA shall independently determine whether an EIS or an environmentalassessment is required where:
(1) A proposal for agency action is not covered by one of the typical classesof action in (a) above; or
(2) For actions which are covered, the presence of extraordinarycircumstances indicates that some other level of environmental review may beappropriate.
3.
Interested persons may contact the Office of Science and Technology forinformation regarding the DEA compliance with NEPA.
1.
2.
3.
In carrying out its statutory enforcement responsibilities. the INS isauthorized to arrest and detain aliens believed to be deportable and toeffectuate removal from the U.S. of aliens found deportable after hearing.
4.
(a) Insuring compliance with the requirements of NEPA and that the actionswith respect to the fulfillment of NEPA are coordinated;
(b) Providing for procedural and substantive training on environmentalissues, policy, procedures and clearance requirements;
(c) Providing guidance in the preparation and processing of EnvironmentalImpact Statements; and
(d) Participating in policy formulation, as necessary, in the application ofthe requirements of the National Environmental Policy Act of 1969.
5.
(b) Interested parties identified as such by the local clearinghouse (asestablished by the Office of Management and Budget Circular No. A-95) willbe advised and informed concerning proposed plans which might involve NEPAregulations.
(c) Upon completion of the preliminary groundwork described above, INS willissue an A-95 Letter of Intent to:
(1) File an Environmental Impact Assessment (EIA);
(2) File an Environmental Impact Statement (EIS). (Reference:1501.2—CEQ Regulations.)
6.
7.
8.
(2) During INS project planning and the related decisonmaking process,environmental effects will be weighed together with the engineering, economicand social and other considerations affecting the public interest.
(b)
(2) Should the Chief Engineer determine in assessing the impact of a minoraction that an environmental statement is not required, the determination tothat effect will be placed in the project file. This negative determinationshall be made available to the public as required in § 1506.6 of theCEQ regulations and shall include a statement of the facts and the basis for thedecision.
(3) When inclusion of certain voluminous data in an EIS would prove to beimpractical, INS will summarize the data and retain the original material as apart of its administrative record for the project. This material will be madeavailable to the public in a central place to be designated in the EIS,
9.
(b) Construction of a new addition to an existing INS facility which wouldsignificantly affect the physical capacity and which would have a significantimpact upon the environment. (Reference: § 1507.3(b)(2)(i)—CEQRegulations.)
10.
(b) Increase or decrease in population of a facility within its physicalcapacity. (Reference: Part 1507.3(b)(2)(ii) and Part 1508.4—CEQRegulations.)
11.
(a) Construction of a new addition to an existing INS facility which mayaffect the physical capacity and may have some impact upon the environment.
(b) Closing of an INS facility which may have some impact on the environment.(Reference: § 1507.3(b)(2)(iii)—CEQ Regulations.)
These procedures are issued pursuant to the National Environmental Policy Act(NEPA) of 1969, 42 U.S.C. 4321,
It is the purpose of these procedures to supplement the procedures of theDepartment of Justice so as to insure compliance with NEPA. These proceduressupersede the regulations contained in 28 CFR part 19.
The Office of Justice Assistance, Research, and Statistics (OJARS) assistsState and local units of government in strengthening and improving lawenforcement and criminal justice by providing financial assistance and fundingresearch and statistical programs. OJARS will coordinate the activities andprovide the staff support for three Department of Justice Federal financialassistance offices: the Law Enforcement Assistance Administration, the NationalInstitute of Justice, and the Bureau of Justice Statistics. Each of theassistance offices has the authority to award grants, contracts and cooperativeagreements pursuant to the Justice System Improvement Act of 1979, Public Law96-157 (December 27, 1979).
(a) Actions which normally require an environmental impact statement.
(1) None.
(b) Actions which normally do not require either an environmental impactstatement or an environmental assessment.
(1) The bulk of the funded efforts; training programs, court improvementprojects, research, and gathering statistical data.
(2) Minor renovation projects or remodeling.
(c) Actions which normally require environmental assessments but notnecessarily environmental impact statements.
(1) Renovations which change the basic prior use of a facility orsignificantly change the size.
(2) New construction.
(3) Research and technology whose anticipated and future application could beexpected to have an effect on the environment.
(4) Implementation of programs involving the use of chemicals.
(5) Other actions in which it is determined by the Administrator, LawEnforcement Assistance Administration; the Director, Bureau of JusticeStatistics; or the Director, National Institute of Justice, to be necessary andappropriate.
An environmental coordinator shall be designated in the Bureau of JusticeStatistics, the Law Enforcement Assistance Administration, and in the NationalInstitute of Justice. Duties of the environmental coordinator shall include:
(a) Insuring that adequate environmental assessments are prepared at theearliest possible time by applicants on all programs or projects that may have asignificant impact on the environment. The assessments shall
(b) Reviewing the environmental assessments and determining whether anEnvironmental Impact Statement is required or preparing a “Finding of NoSignificant Impact.”
(c) Coordinating the efforts for the preparation of an Environmental ImpactStatement consistent with the requirements of 40 CFR part 1502.
(d) Cooperating and coordinating efforts with other Federal agencies.
(e) Providing for agency training on environmental matters.
To the extent possible an environmental assessment, as well as anenvironmental impact statement, shall include information necessary to assurecompliance with the following:
Fish and Wildlife Coordination Act, 16 U.S.C. 661,
Where actions are planned by private applicants or other non-Federal entitiesbefore Federal involvement:
(a) The Policy and Management Planning Staff, Office of Criminal JusticePrograms, LEAA, Room 1158B, 633 Indiana Ave., Washington, DC 20531, Telephone:202/724-7659, will be available to advise potential applicants of studiesor other information foreseeably required for later Federal action;
(b) OJARS will consult early with appropriate State and local agencies andwith interested private persons and organizations when its own involvement isreasonably foreseeable;
(c) OJARS will commence its NEPA process at the earliest possible time (Ref.§ 1501.2(d) CEQ Regulations).
If it is necessary to prepare a supplement to a draft or a final EIS, thesupplement shall be introduced into the administrative record pertaining to theproject. (Ref. § 1502.9(c)(3) CEQ Regulations).
Information regarding status reports on EIS's and other elements of the NEPAprocess and policies of the agencies can be obtained from: Policy and ManagementPlanning Staff, Office of Criminal Justice Programs, LEAA, Room 1158B, 633Indiana Avenue, Washington, DC 20531, Telephone: 202/724-7659.