Section

[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR61.11]

[Page 149-154]

TITLE 28--JUDICIAL ADMINISTRATION

CHAPTER I--DEPARTMENT OF JUSTICE (Continued)

PART 61--PROCEDURES FOR IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT--Table of Contents

Subpart B--Implementing Procedures

Sec. 61.11 Environmental information.

Interested persons may contact the Land and Natural Resources
Division for information regarding Department Justice compliance with
NEPA.

Appendix A to Part 61--Bureau of Prisons Procedures Relating to the
Implementation of the National Environmental Policy Act

1. Authority: (CEQ Regulations) NEPA, the Environmental Quality
Improvement Act of 1970, as amended (42 U.S.C. 4371 et seq.) section 309
of the Clean Air Act, as amended (42 U.S.C. 7609), and Executive Order
11514, Protection and Enhancement of Environmental Quality (March 5,
1970, as amended by Executive Order 11991, May 24, 1977.)
2. Purpose: This guide shall apply to efforts associated with the
leasing, purchase, design, construction, management, operation and
maintenance of new and existing Bureau of Prisons facilities as well as
the closing of existing Bureau of Prisons institutions. These procedures
shall be used by the Regional Facilities Administration staff as well as
the Central Office of Facilities Development and Operations staff.
Activities concerning Bureau of Prisons compliance with NEPA shall be
handled by and coordinated with these staff members and coordinated by
Central Office Personnel. (Reference shall be made to Part 1507--Agency
Compliance of the CEQ Regulations.)
3. Agency Description: The Bureau of Prisons, a component of the
U.S. Department of Justice, is responsible for providing custody and
care to committed Federal offenders in an integrated system of
correctional institutions across the nation.
The Bureau of Prisons performs its mission of protecting society by
implementing the judgments of the Federal courts and safeguarding
Federal offenders committed to the custody of the Attorney General.

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The administration of the Federal Prison System consists of six
divisions. The central office in Washington, DC, is supplemented by five
regional offices located in Atlanta, San Francisco, Dallas, Kansas City,
and Philadelphia.
4. (Reference: Sec. 1501.2(d)(1)--CEQ Regulations) The Bureau of
Prisons shall make available the necessary technical staff to review
proposals and prepare feasibility studies for facilities under
consideration for possible use as Federal correctional institutions.
(Reference: Sec. 1501.2(d)(2)--CEQ Regulations) At the appropriate time
after project funding approval, the Bureau of Prisons, having identified
a preferred general area for a new facility, will inform the members of
Congress representing the affected locale of the intent to pursue the
establishment of a Federal correctional institution in the area. This
activation might include but not be limited to: (1) The construction of
a new facility; (2) or Surplus Federal, state, or local facility to the
Bureau of Prisons for prior use. The Bureau of Prisons shall advise and
inform interested parties concerning proposed plans which might result
in implementation of the NEPA regulations. After inital informal
contacts have been made, the Bureau of Prisons will with the aid of
local area officials, begin to identify desired locations for the
proposed new facility. In the event of proposed activation of an
existing facility for prison use, the Bureau of Prisons shall seek
initial involvement among local officials and advice on alternative
courses of action.
In either case, if the issues appear significantly controversial, an
informal public hearing will be held to present the issues to the
community and seek their involvement in the planning process. Upon
completion of the preliminary groundwork described above, the Bureau of
Prisons will issue an A-95 letter of intent to (1) either file an EIS;
(2) file an EIA; or (3) discontinue the efforts of locating a facility
in the proposed area.
5. Public Involvement: (Reference: Part 1506.6(3)--CEQ Regulations)
Information regarding the policies of the Bureau of Prisons for
implementing the NEPA process can be obtained from: Bureau of Prisons
Facilities Development and Operations Office, 320 First Street, NW.,
Washington, DC 20534.
6. Supplemental Statements: (Reference: Part 1502.9(c)(3)--CEQ
Regulations) If it is necessary to prepare a supplement to a Draft or
Final Environmental Impact Statement, the supplement shall be introduced
into the project administrative record.
7. Bureau of Prisons Decisionmaking Procedures: (Reference: Part
1501.1 (a) through (e)--CEQ Regulations) Major decision points likely to
involve the NEPA process:
(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
correctional institution.
(4) Significant change from the original mission of a Federal
correctional institution.
(5) New construction at an existing Federal correctional institution
which might significantly impact upon the existing community
environment.
When the inclusion of certain voluminous data in environmental
documents would prove impractical, the Bureau of Prisons will summarize
the data and retain the original material as a part of its
administrative record for the project. This material will be made
available to the public in a central place to be designated in
Environmental Impact Statements, and upon written request or court order
copies of specified material will be provided. A charge may be made for
copying, in accordance with current Department of Justice gudelines for
reproduction of records.
Decisionmakers shall verify the consideration of all available
options in the EIS with a comparative analysis of the alternatives to be
considered in the decisionmaking process.
8. Those Actions Which Normally Do Require Environmental Impact
Statements: (Reference: Sec. 1507.3(b)(2)(ii)--CEQ Regulations (1) New
Federal correctional institution construction projects.
(2) Acquisition of surplus facilities for conversion to Federal
correctional institutions, if the impact upon the quality of the human
environment is likely to be significant.
(3) The closing of an existing Federal correctional institution, if
that is likely to have a significant impact upon the quality of the
human environment.
(4) Significant change from the original mission of a Federal
correctional institution when the issue is likely to have an impact upon
the quality of the human environment.
(5) New construction at an existing Federal correctional institution
which would significantly affect the physical capacity, when the action
is likely to have an impact upon the quality of the human environment.
(6) New construction at an existing Federal correctional institution
which would significantly impact upon the quality of the community
environment.
9. Those Actions Which Normally do not Require Either an
Environmental Impact Statement or an Environmental Assessment:
(Reference: Part 1507.3(b)(2)(ii) and Part 1508.4--CEQ Regulations) (1)
Increase or decrease in population of a facility, above or below its
physical capacity.
(2) Construction projects for existing facilities, including but not
limited to: additions and remodeling; replacement of building systems
and components; maintenance

[[Page 151]]

and operations, repairs, and general improvements; when such projects do
not significantly alter the program of the facility or significantly
impact 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
similar facilities.
10. Those Actions Which Normally Require Environmental Assessments
but not Necessarily Environmental Impact Statements: (Reference:
Sec. 1507.3(b)(2)(iii)--CEQ Regulations) (1) Acquisition of surplus
facilities for conversion to Federal correctional institution.
(2) Construction of additional facilities at an existing institution
when the impact on the local environment is not seen to be significant,
but when the alteration of programs or operations may be controversial.
(3) The closing of an institution or significant reduction in
population of an institution when the impact on the local environment is
not seen to be significant.
11. Emergency Actions: (Reference: Part 1506.11--CEQ Regulations).
After consultation with the Council on Environmental Quality regarding
alternative courses of action, the Bureau of Prisons may take action
without observing the provisions of the CEQ Regulations and these Bureau
of Prisons Procedures in the following cases:
(1) When the replacement of suddenly unavailable local utilities
services, and/or resources, due to circumstances beyond the control of
the Bureau of Prisons, is vital to the lives and safety of inmates and
staff or protection of U.S. Government property.
(2) When unforeseen circumstances, such as greatly increased
judicial commitments, suddenly dictate the activation of facilities to
house increased numbers of Federal offenders and detainees significantly
above the physical capacity of the combined Bureau of Prisons facilities
in order to insure the lives and safety of inmates and staff or
protection of U.S. Government property.
(3) When the sudden destruction of or damage to institutions
dictates immediate replacement in order to protect the lives and safety
of inmates and staff and protection of U.S. Government property.
12. Review.
(1) If a proposed action is not covered by Sections 8 through 10 of
this appendix, the Bureau of Prisons will independently determine
whether to prepare either an environmental impact statement or an
environmental assessment.
(2) When a proposed action that could be classified as a categorical
exclusion under Section 9 of this appendix involves extraordinary
circumstances that may affect the environment, the Bureau shall conduct
appropriate environmental studies to determine if the categorical
exclusion classification is proper for that proposed action.

[Order No. 927-81, 46 FR 7953, Jan. 26, 1981, as amended by Order No.
2142-98, 63 FR 11121, Mar. 6, 1998]

Appendix B to Part 61--Drug Enforcement Administration Procedures
Relating to the Implementation of the National Environmental Policy Act

1. Applicability.
2. Typical Classes of Action Requiring Similar Treatment Under NEPA.
3. Environmental Information.
1. Applicability.
This part applies to all organizational elements of the Drug
Enforcement Administration [DEA].
2. Typical Classes of Action Requiring Similar Treatment Under NEPA.
(a) Section 1507.3(c)(2) in conjunction with Sec. 1508.4 requires
agencies to establish three typical classes of action for similar
treatment under NEPA. These typical classes of action are set forth
below:

----------------------------------------------------------------------------------------------------------------
(2) Actions normally not requiring (3) Actions normally requiring
(1) Actions normally requiring EIS environmental assessments or EIS environmental assessments but
(Categorical exclusions) not necessarily EIS
----------------------------------------------------------------------------------------------------------------
None.................................... Scheduling of drugs as controlled Chemical eradication of plant
substances. species from which controlled
substances may be extracted.
Establishing quotas for controlled
substances.
Registration of persons authorized
to handle controlled substances.
Storage and destruction of
controlled substances.
Manual eradication of plant species
from which controlled substances
may be extracted.
----------------------------------------------------------------------------------------------------------------

(b) For the principal DEA program requiring environmental review,
the following chart identifies the point at which the NEPA process
begins, the point at which it ends, and the key agency officials or
offices required to consider environmental documents in their
decisionmaking.

[[Page 152]]

----------------------------------------------------------------------------------------------------------------
Key officials or
Completion of NEPA offices required to
Principal program Start of NEPA process process consider environmental
documents
----------------------------------------------------------------------------------------------------------------
Eradication of plant species from Prepare an Final review of Office of Science and
which controlled substances may be environmental environmental Technology.
extracted. assessment. assessment or
Environmental Impact
Statement.
----------------------------------------------------------------------------------------------------------------

(c) The DEA shall independently determine whether an EIS or an
environmental assessment is required where:
(1) A proposal for agency action is not covered by one of the
typical classes of action in (a) above; or
(2) For actions which are covered, the presence of extraordinary
circumstances indicates that some other level of environmental review
may be appropriate.
3. Environmental Information
Interested persons may contact the Office of Science and Technology
for information regarding the DEA compliance with NEPA.

Appendix C to Part 61--Immigration and Naturalization Service Procedures
Relating to the Implementation of the National Environmental Policy Act

1. General. These procedures are published pursuant to the National
Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et
seq.), the Environmental Quality Improvement Act of 1970, as amended (42
U.S.C. 4371 et seq.). Section 309 of the Clean Air Act, as amended (42
U.S.C. 7609), and Executive Order 11514, Protection and Enhancement of
Environmental Quality (March 5, 1970, as amended by Executive Order
11991, May 24, 1977).
2. Purpose. These procedures shall apply to efforts associated with
the leasing, purchase, design, construction, and maintenance of new and
existing INS facilities. All activities concerning the Immigration and
Naturalization Service's compliance with NEPA shall be coordinated with
Central Office Engineering staff.
3. Agency Description. The INS administers and enforces the
immigration and nationality laws. This includes determining the
admissibility of persons seeking entry into the United States and
adjudicating requests for benefits and privileges under the immigration
and nationality laws. The enforcement actions of INS involve the
prevention of illegal entry of persons into the United States and the
investigation and apprehension of aliens already in the country who
because of inadmissibility at entry or misconduct committed following
entry may be subject to deportation.
In carrying out its statutory enforcement responsibilities. the INS
is authorized to arrest and detain aliens believed to be deportable and
to effectuate removal from the U.S. of aliens found deportable after
hearing.
4. Designation of Responsible Official. The Chief Engineer,
Facilities and Engineering Branch shall be the liasion official for INS
with the Council on Environmental Quality, the Environmental Protection
Agency, and the other departments and agencies concerning environmental
matters. Duties of the Chief Engineer include:
(a) Insuring compliance with the requirements of NEPA and that the
actions with respect to the fulfillment of NEPA are coordinated;
(b) Providing for procedural and substantive training on
environmental issues, policy, procedures and clearance requirements;
(c) Providing guidance in the preparation and processing of
Environmental Impact Statements; and
(d) Participating in policy formulation, as necessary, in the
application of the requirements of the National Environmental Policy Act
of 1969.
5. NEPA and INS Planning. (a) INS will make available to the public
proposals and feasibility studies for facilities under consideration for
possible use as INS facilities.
(b) Interested parties indentified as such by the local
clearinghouse (as established by the Office of Management and Budget
Circular No. A-95) will be advised and informed concerning proposed
plans which might involve NEPA regulations.
(c) Upon completion of the preliminary groundwork described above,
INS will issue 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. Public Involvement. Information regarding the policies of INS for
implementing the NEPA process can be obtained from: Immigration and
Naturalization Service, Facilities and Engineering Branch, 425 I Street
NW., Washington, DC 20536. (Reference: Part 1506.6(3)--CEQ Regulations.)
7. Supplemental Statements. If it is necessary to prepare a
supplement to a draft or a Final Environmental Impact Statement, the
supplement shall be introduced into the administrative record pertaining
to the project. (Reference: Part 1502.9(c)(3)--CEQ Regulations.)

[[Page 153]]

8. INS Decisionmaking Procedure. (a) Policy--(1) The Chief Engineer
will consider all practical means, including the ``no-action''
alternative and other alternatives to the proposed action, which will
enhance, protect, and preserve the quality of the environment, restore
environmental quality previously lost, and minimize and mitigate
unavoidable adverse effects. He will analyze and study the environment
together with engineering, economic, social and other considerations to
insure balanced decisionmaking in the overall public interest.
(2) During INS project planning and the related decisonmaking
process, environmental effects will be weighed together with the
engineering, economic and social and other considerations affecting the
public interest.
(b) Preparation of the environmental impact statements. (1)
Situations where Environmental Impact Statements (EIS) are required are
described in section 102(2)(C) of NEPA. EIS constitute an integral of
the plan formulation process and serve as a summation and evaluation of
the effects, both beneficial and adverse, that each alternative action
would have on the environment, and as an explanation and objective
evaluation of the plan which is finally recommended.
(2) Should the Chief Engineer determine in assessing the impact of a
minor action that an environmental statement is not required, the
determination to that effect will be placed in the project file. This
negative determination shall be made available to the public as required
in Sec. 1506.6 of the CEQ regulations and shall include a statement of
the facts and the basis for the decision.
(3) When inclusion of certain voluminous data in an EIS would prove
to be impractical, INS will summarize the data and retain the original
material as a part of its administrative record for the project. This
material will be made available to the public in a central place to be
designated in the EIS, and upon written request or court order, copies
of specified material will be provided. A charge for the reproduction of
records may be made in accordance with current Department of Justice
guidelines. (Reference: Part 1505 CEQ Regulations.)
9. Actions Which Normally Do Require Environmental Impact
Statements: (a) Construction of a new INS facility which would have a
significant impact upon the environment.
(b) Construction of a new addition to an existing INS facility which
would significantly affect the physical capacity and which would have a
significant impact upon the environment. (Reference:
Sec. 1507.3(b)(2)(i)--CEQ Regulations.)
10. Actions Which Normally Do Not Require Either An Environmental
Impact Statement Or An Environmental Assessment: (a) Construction
projects for existing facilities including but not limited to:
Remodeling; replacement of building systems and components; maintenance
and operations repairs and general improvements when such projects do
not significantly alter the intitial occupancy and program of the
facility or significantly impact upon the environment.
(b) Increase or decrease in population of a facility within its
physical capacity. (Reference: Part 1507.3(b)(2)(ii) and Part 1508.4--
CEQ Regulations.)
11. Actions Which Normally Require An Environmental Assessment But
Not Necessarily Environmental Impact Statements:
(a) Construction of a new addition to an existing INS facility which
may affect 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: Sec. 1507.3(b)(2)(iii)--CEQ Regulations.)

Appendix D to Part 61--Office of Justice Assistance, Research, and
Statistics Procedures Relating to the Implementation of the National
Environmental Policy Act

1. Authority

These procedures are issued pursuant to the National Environmental
Policy Act (NEPA) of 1969, 42 U.S.C. 4321, et seq., Regulations of the
Council on Environmental Quality, 40 CFR part 1500, et seq., the
Environmental Quality Improvement Act of 1970, as amended, 42 U.S.C.
4371, et seq., Section 309 of the Clean Air Act, as amended, 42 U.S.C.
7609, and Executive Order 11514, ``Protection and Enhancement of
Environmental Quality,'' March 5, 1970, as amended by Executive Order
11991, March 24, 1977.

2. Purpose

It is the purpose of these procedures to supplement the procedures
of the Department of Justice so as to insure compliance with NEPA. These
procedures supersede the regulations contained in 28 CFR part 19.

3. Agency description

The Office of Justice Assistance, Research, and Statistics (OJARS)
assists State and local units of government in strengthening and
improving law enforcement and criminal justice by providing financial
assistance and funding research and statistical programs. OJARS will
coordinate the activities and provide the staff support for three
Department of Justice Federal financial assistance offices: the Law
Enforcement Assistance Administration, the National Institute of
Justice, and the Bureau of Justice Statistics.

[[Page 154]]

Each of the assistance offices has the authority to award grants,
contracts and cooperative agreements pursuant to the Justice System
Improvement Act of 1979, Public Law 96-157 (December 27, 1979).

4. Typical classes of action undertaken

(a) Actions which normally require an environmental impact
statement.
(1) None.
(b) Actions which normally do not require either an environmental
impact statement or an environmental assessment.
(1) The bulk of the funded efforts; training programs, court
improvement projects, research, and gathering statistical data.
(2) Minor renovation projects or remodeling.
(c) Actions which normally require environmental assessments but not
necessarily environmental impact statements.
(1) Renovations which change the basic prior use of a facility or
significantly change the size.
(2) New construction.
(3) Research and technology whose anticipated and future application
could be expected 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,
Law Enforcement Assistance Administration; the Director, Bureau of
Justice Statistics; or the Director, National Institute of Justice, to
be necessary and appropriate.

5. Agency procedures

An environmental coordinator shall be designated in the Bureau of
Justice Statistics, the Law Enforcement Assistance Administration, and
in the National Institute of Justice. Duties of the environmental
coordinator shall include:
(a) Insuring that adequate environmental assessments are prepared at
the earliest possible time by applicants on all programs or projects
that may have a significant impact on the environment. The assessments
shall contain documentation from independent parties with expertise in
the particular environmental matter when deemed appropriate. The
coordinator shall return assessments that are found to be inadequate.
(b) Reviewing the environmental assessments and determining whether
an Environmental Impact Statement is required or preparing a ``Finding
of No Significant Impact.''
(c) Coordinating the efforts for the preparation of an Environmental
Impact Statement 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.

6. Compliance with other environmental statutes

To the extent possible an environmental assessment, as well as an
environmental impact statement, shall include information necessary to
assure compliance with the following:
Fish and Wildlife Coordination Act, 16 U.S.C. 661, et seq.; the
National Historic Preservation Act of 1966, 16 U.S.C. 470, et seq.;
Flood Disaster Protection Act of 1973, 42 U.S.C. 400, et seq.; Clean Air
Act and Federal Water Pollution Control Act, 42 U.S.C. 1857, et seq.; 33
U.S.C. 1251, et seq.; Safe Drinking Water Act, 42 U.S.C. 300, et seq.;
Wild and Scenic Rivers Act, 16 U.S.C. 1271, et seq.; the Coastal Zone
Management Act of 1972, 16 U.S.C. 1451, et seq.; and other environmental
review laws and executive orders.

7. Actions planned by private applicants or other non-Federal entities

Where actions are planned by private applicants or other non-Federal
entities before Federal involvement:
(a) The Policy and Management Planning Staff, Office of Criminal
Justice Programs, LEAA, Room 1158B, 633 Indiana Ave., Washington, DC
20531, Telephone: 202/724-7659, will be available to advise potential
applicants of studies or other information foreseeably required for
later Federal action;
(b) OJARS will consult early with appropriate State and local
agencies and with interested private persons and organizations when its
own involvement is reasonably foreseeable;
(c) OJARS will commence its NEPA process at the earliest possible
time (Ref. Sec. 1501.2(d) CEQ Regulations).

8. Supplementing an EIS

If it is necessary to prepare a supplement to a draft or a final
EIS, the supplement shall be introduced into the administrative record
pertaining to the project. (Ref. Sec. 1502.9(c)(3) CEQ Regulations).

9. Availability of information

Information regarding status reports on EIS's and other elements of
the NEPA process and policies of the agencies can be obtained from:
Policy and Management Planning Staff, Office of Criminal Justice
Programs, LEAA, Room 1158B, 633 Indiana Avenue, Washington, DC 20531,
Telephone: 202/724-7659.