[Federal Register Volume 71, Number 13 (Friday, January 20, 2006)]
[Proposed Rules]
[Pages 3248-3253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-517]
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DEPARTMENT OF JUSTICE
28 CFR Part 61
[Docket No. USMS 101]
RIN 1105-AB13
Supplement to Justice Department Procedures and Council on
Environmental Quality Regulations To Ensure Compliance With the
National Environmental Policy Act
AGENCY: United States Marshals Service, Justice.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This rule proposes to add Appendix E to Part 61 of the
Department of Justice's regulations to ensure better compliance with
the National Environmental Policy Act of 1969. The rule supplements
existing Department procedures and regulations
[[Page 3249]]
of the Council on Environmental Quality and only pertains to internal
procedures of the United States Marshals Service.
DATES: Comments must be submitted on or before March 21, 2006.
ADDRESSES: For matters relating to this proposed rule, written comments
may be submitted to Joseph Band, Office of Chief Counsel, United States
Marshals Service, Washington, DC 20002. Comments may also be submitted
by fax to (202) 307-9456. To ensure proper handling, ``USMS Docket No.
101'' should be referenced on any correspondence. An electronic version
of this proposed rule can be viewed at http://www.regulations.gov.
Comments may also be submitted via e-mail to USMS at [email protected]
or by accessing the internet comment form found at http://www.regulations.gov. Any electronic comments should include ``USMS
Docket No. 101'' in the subject box.
SUPPLEMENTARY INFORMATION:
Need for This Rule
This rule is needed so that the United States Marshals Service
(USMS) can more fully comply with the National Environmental Policy Act
of 1969 (NEPA). Under NEPA, Federal agencies are required to implement
internal procedures to ensure proper environmental consideration of
proposed USMS actions. The procedures, proposed by this rule, will
promote the protection of the environment by minimizing the use of
natural resources and by improving planning and decision-making
processes to avoid excess pollution and environmental degradation.
Overview of the Standards That This Rule Proposes
In complying with and implementing NEPA, the USMS shall make
efforts to produce clear and concise NEPA documents and increase
administrative efficiency.
All NEPA documents, specifically Environmental Assessments (EAs)
and Environmental Impact Statements (EISs), shall be analytical, clear,
and concise. The documents shall focus on significant issues and shall
be presented in plain language and in the standard format outlined in
Appendix E. In order to reduce paperwork, EISs shall be limited to
approximately 150 pages, or in unusually complex matters, 300 pages. To
avoid duplicative work, NEPA documents shall, whenever possible, be
prepared jointly with State and local governments and shall adopt,
incorporate by reference, or combine existing USMS and other agencies'
analyses, documentation, and/or other environmental reports.
The USMS shall make every effort to prevent and reduce delay. The
USMS will follow the procedures outlined in the CEQ regulations
including: (1) Integrating the NEPA process in the early stages of
planning to ensure that decisions reflect environmental values and to
head off potential conflicts and/or delays; (2) emphasizing interagency
cooperation before the environmental analysis and documentation is
prepared; (3) ensuring the swift and fair resolution of any dispute by
designating a lead agency for any interagency projects; (4) employing
the scoping process to distinguish the significant issues requiring
consideration in the NEPA analysis; (5) setting deadlines for the NEPA
process as appropriate for individual proposed actions; (6) initiating
the NEPA analysis as early as possible to coincide with the agency's
presentation of a proposal by another party; and (7) using accelerated
procedures as described in the CEQ regulations for legislative
proposals.
Proposed Implementation of Charges
Through this proposed rule, the USMS is revising its guidance,
establishing policy, and assigning responsibilities for implementing
the requirements of Section 102(2) of NEPA (42 U.S.C. 4321, et seq.),
Executive Order 11514 of March 5, 1970, title ``Protection and
Enhancement of Environmental Quality,'' and regulations of the CEQ (40
CFR parts 1500-1508).
This rule is intended to (1) Enhance the USMS' ability to comply
with NEPA, related legal authorities, and Executive Orders; (2) allow
non-significant program actions to be exempt from the requirement to
prepare and EA or EIS; (3) focus NEPA analysis upon major federal
actions significantly affecting the quality of the environment; (4)
ensure public involvement in decision-making regarding environmental
impact on local communities; and (5) reflect changes in the current
USMS organizational structure. Development of these revised regulations
has been orchestrated by USMS headquarters and district office
personnel who represent the USMS' collective technical and managerial
expertise in environmental quality and NEPA compliance. In addition to
revising Part 61 by adding Appendix E, the USMS will provide guidance
materials to district offices.
These proposed changes affect USMS internal procedures only. The
USMS consulted with the CEQ during the development of this rule.
Regulatory Certifications
Executive Order 12866
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, ``Regulatory Planning and Review'' Sec. 1(b),
Principles of Regulation. The Department of Justice has determined that
this rule is not a ``significant regulatory action'' under Executive
Order 12866, Sec. 3(f), Regulatory Planning and Review, and,
accordingly, this rule has been reviewed by the Office of Management
and Budget. This rule provides environmental benefits by ensuring the
USMS' compliance with NEPA, which aims to minimize the use of natural
resources and improve planning to avoid excess pollution and
environmental degradation. Further, this rule only affects USMS
internal procedures. Whatever costs that may result from this rule
should be outweighed by the reduction in delay and excessive paperwork
by improved procedures.
Executive Order 13132
This regulation only affects the internal procedures of the USMS
and, accordingly, will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Executive Order 12988
This regulation meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988.
Regulatory Flexibility Act
The Director of the USMS, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by
approving it, certifies that it will not have a significant economic
impact on a substantial number of small entities because this
regulation only affects the internal procedures of the USMS.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure of $100,000,000 or
more in any one year by state, local, and tribal governments, in the
aggregate, or by the private sector, nor will it significantly or
uniquely affect small governments.
[[Page 3250]]
Therefore, no actions were deemed necessary under the provisions of the
Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by Sec. 804 of the Small
Business Regulatory Enforcement Fairness Act of 1996. This rule will
not result in an annual effect on the economy of $100,000,000 or more,
a major increase in costs or prices, significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of the United States-based companies to compete with
foreign-based companies in domestic and export markets.
Environmental Impact
This proposed rule supplements CEQ regulations and provides
guidance to USMS employees regarding procedural requirements for NEPA
analysis and documentation activities. In accordance with NEPA, the
rule implements procedures that establish specific criteria for, and
identification of, three classes of actions: Those that require
preparation of an environmental impact statement; those that require
preparation of an environmental assessment; and those that are
categorically excluded from further NEPA review (40 CFR 1507.3(b)).
However, these procedures only provide internal guidance to assist USMS
employees and do not serve to make the final determination of what
level of NEPA analysis is required for any particular proposed action.
The CEQ does not require agencies to prepare a NEPA analysis or
document before establishing such procedures. See Heartwood, Inc. v.
U.S. Forest Service, 73 F. Supp. 2d 962, 972-73 (S.D. Ill. 1999),
aff'd, 230 F.3d 947, 954-55 (7th Cir. 2000) (holding that establishing
categorical exclusions does not require NEPA analysis and
documentation). The requirements for establishing agency NEPA
procedures are set forth at 40 CFR 1505.1 and 1507.3. The USMS has
consulted with the CEQ during the development of these categorical
exclusions and is providing an opportunity for public review.
List of Subjects in 28 CFR Part 61
Environmental protection, Environmental impact statement.
Accordingly, for the reasons set forth in the preamble, part 61 of
chapter I of Title 28 of the Code of Federal Regulations is proposed to
be amended to read as follows:
PART 61--PROCEDURES FOR IMPLEMENTING THE NATIONAL ENVIRONMENTAL
POLICY ACT
1. The authority citation for part 61 continues to read as follows:
Authority: 28 U.S.C. 509; 5 U.S.C. 301; Executive Order 11911.
2. Appendix E to part 61 is added to read as follows:
Appendix E to Part 61--United States Marshals Service Procedures
Relating to the Implementation of the National Environmental Policy Act
1. Authority. These procedures are issued pursuant to the National
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321, et seq.,
regulations of the Council on Environmental Quality (CEQ), 40 CFR part
1500, et seq., regulations of the Department of Justice (DOJ), 28 CFR
part 61, 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 provisions supplement existing DOJ and CEQ
regulations and outline internal USMS procedures to ensure compliance
with NEPA. The USMS, through these provisions, shall promote the
environment by minimizing the use of natural resources and by improving
planning and decision-making processes to avoid excess pollution and
environmental degradation.
(a) The USMS's Environmental Assessments (EAs) and Environmental
Impact Statements (EISs) shall be as concise as possible and EISs
should be limited to approximately 150 pages in normal circumstances or
300 pages for proposals of unusual scope or complexity. The USMS shall,
whenever possible, jointly prepare documents with state and local
governments and, when appropriate, avoid duplicative work by adopting,
or incorporating by reference, existing USMS and other agencies'
analyses and documentation.
(b) In developing an EA or EIS, the USMS shall comply with CEQ
regulations, observing that EAs and EISs should:
(1) Be analytic, rather than encyclopedic;
(2) Be written in plain language;
(3) Follow a clear, standard format in accordance with CEQ
regulations;
(4) Follow a scoping process to distinguish the significant issues
from the insignificant issues;
(5) Include a brief summary;
(6) Emphasize the more useful sections of the document, such as the
discussions of alternatives and their environmental consequences, while
minimizing the discussion of less useful background information;
(7) Scrutinize existing NEPA documentation for relevant analyses of
programs, policies, or other proposals that guide future action to
eliminate repetition;
(8) Where appropriate, incorporate material by reference, with
citations and brief descriptions, to avoid excessive length; and
(9) Integrate NEPA requirements with other environmental review and
consultation requirements mandated by law, Executive Order, or
Department of Justice or USMS policy. When preparing an EA or EIS, the
USMS shall require comments to be as specific as possible and when
circulating a document where only minor changes have been made, only
the changes to the draft should be attached, rather than the entire
statement.
(c) To ensure compliance with NEPA, the USMS shall make efforts to
prevent and reduce delay. The USMS will follow the procedures outlined
in the CEQ regulations including:
(1) Integrating the NEPA process in the early stages of planning to
ensure that decisions reflect environmental values and to head off
potential conflicts and/or delays;
(2) Emphasizing interagency cooperation before the environmental
analysis and documentation is prepared;
(3) Ensuring the swift and fair resolution of any dispute over the
designation of lead agency;
(4) Employing the scoping process to distinguish the significant
issues requiring consideration in the NEPA analysis;
(5) Setting deadlines NEPA process as appropriate for individual
proposed actions;
(6) Initiating the NEPA analysis as early as possible to coincide
with the agency's presentation of a proposal by another party; and
(7) Using accelerated procedures, as described in the CEQ
regulations for legislative proposals.
3. Agency Description. The USMS is a federal law enforcement
agency. The agency performs numerous law enforcement activities
including judicial security, warrant investigations, witness
protection, custody of individuals arrested by federal agencies,
prisoner transportation, management of seized assets, and other law
enforcement missions.
4. Typical Classes of USMS Actions.
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(a) The general types of proposed actions and projects that the
USMS undertakes are as follows:
(1) Operational concepts and programs, including logistics
procurement, personnel assignment, real property and facility
management, and environmental programs.
(2) Transfers or disposal of equipment or property.
(3) Leases or entitlement for use, to include donation or exchange.
(4) Federal contracts, actions, or agreements for detentions
services. A detention facility may be a facility (A) owned and/or
operated by a contractor or (B) owned and/or operated by a state or
local government.
(5) General law enforcement activities that are exempt from NEPA
analysis under CEQ regulation CFR 1508.18, that involve bringing
judicial, administrative, civil, or criminal enforcement actions.
(b) Scope of Analysis
(1) Some USMS projects, contracts, and agreements may propose a
USMS action that is one component of a larger project involving a
private action or an action by a local or state government. The USMS
NEPA analysis and document (e.g., the EA or EIS) should address the
impacts of the specific USMS activity and those portions of the entire
project over which the USMS has sufficient control and responsibility
to warrant federal review.
(2) The USMS has control and responsibility for portions of a
project beyond the limits of USMS jurisdiction where the environmental
consequences of the larger project are essentially products of USMS
specific action, turning an otherwise non-federal project into a
federal action.
(3) Sufficient control and responsibility for a facility is a site-
specific determination based on the extent to which an entire project
will be within the agency's jurisdiction and on other factors that
determine the extent of Federal control and responsibility. As an
example, for construction of a facility, other factors would include,
but not be limited to, the length of the contract for construction or
use of the facility, the extent of government control and funding in
the construction or use of the facility, whether the facility is being
built solely for Federal requirements, the extent to which the costs of
construction or use will be paid with federal funds, the extent to
which the facility will be used for non-federal purposes, and whether
the project would proceed without USMS action.
(4) Some USMS projects, contracts, and agreements may propose a
USMS action that is one component of a larger project involving actions
by other Federal agencies. Federal control and responsibility
determines whether the total Federal involvement of the USMS and other
Federal agencies is sufficient to grant legal control over additional
portions of the project. NEPA review would be extended to an entire
project when the environmental consequences of the additional portions
of the project are essentially products of Federal financing,
assistance, direction, regulation, or approval. The USMS shall contact
the other Federal agencies involved in the action to determine their
respective roles (i.e., as lead and cooperating agencies).
(5) Once the scope of analysis has been defined, the NEPA analysis
for an action should include direct, indirect, and cumulative impacts
on all Federal interests within the purview of NEPA. The USMS can,
whenever practicable, incorporate by reference and rely upon the
environmental analyses and reviews of other Federal, tribal, state, and
local agencies.
5. Environmental Impact Statement (EIS).
(a) An EIS is a document required of Federal agencies for proposals
significantly affecting the quality of the human environment that
describes the positive and negative effects of the proposed action and
any reasonable alternatives. A Notice of Intent (NOI) will be published
in the Federal Register as soon as practicable after a decision to
prepare an EIS is made and before the scoping process is initiated. An
EIS shall describe how alternatives considered in it, and the decisions
based on it, will or will not achieve the goals of NEPA to prevent
damage to the environment and promote human health. Additionally, an
EIS shall describe how the USMS will comply with relevant environmental
laws and policies. The format and content of an EIS are set out at 40
CFR part 1502. The USMS may prepare an EIS without prior preparation of
an EA.
(b) A Record of Decision (ROD) will be prepared at the time a
decision is made regarding a proposed that is analyzed and documented
in an EIS. The ROD will state the decision, discuss the alternatives
considered, and state whether all alternative practicable means to
avoid or minimize environmental harms have been adopted, or if not,
whey they were not. Where applicable, the ROD will also describe and
adopt a monitoring and enforcement program for any mitigation.
(c) Actions that normally require preparing an EIS include:
(1) USMS actions that are likely to have a significant
environmental impact on the human environment; or
(2) Construction of a major facility on a previously undisturbed
site.
6. Environmental Assessment (EA).
(a) An EA is a concise public document that is prepared for actions
that do not normally require preparation of an EIS, but do not meet the
requirements of a Categorical Exclusion (CE). An EA serves to briefly
provide sufficient evidence and analysis for determining whether to
prepare an EIS or Finding of No Significant Impact (FONSI), aid in
complying with NEPA when an EIS is not necessary, and facilitate
preparation of an EIS when one is required. The EA results in either a
determination that a proposed action may have a significant impact on
the human environment and, therefore, requires further study in an EIS,
or the issuance of a FONSI. The contents of an EA are described at 40
CFR 1508.
(b) A FONSI will include the EA or a summary of the EA. The FONSI
will be prepared and made available to the public through means, as
described in paragraph 9 of this Appendix, including publication in
local newspapers and in the Federal Register for matters of national
concern. The FONSI will be available for review and comment for 30 days
prior to signature and the initiation of the action unless special
circumstances warrant reducing the public comment period to 15 days.
Implementing the action can proceed after consideration of public
comments and the decision-maker signs the FONSI.
(c) Actions that normally require preparation of an EA include:
(1) Proposals to conduct an expansion of an existing facility;
(2) Awarding a contracting or entering into an agreement for new
construction at a previously developed site or an expansion of an
existing facility; or
(3) Projects or other proposed actions that are activities
described in categorical exclusions, but do not qualify for a
categorical exclusion because they involve extraordinary circumstances.
7. Categorical Exclusions (CE).
(a) CEs are certain categories of activities determined not to have
individual or cumulative significant effects on the human environment
and, absent extraordinary circumstances, are excluded from preparation
of an EA or EIS under NEPA. Using CEs for such activities reduces
unnecessary paperwork and delay. Such activities are not excluded from
compliance with other applicable local, state, or federal environmental
laws.
[[Page 3252]]
(b) Extraordinary circumstances must be considered before relying
upon a CE to determine whether the proposed action may have a
significant environmental effect. Any of the following circumstances
preclude the use of a CE:
(1) The project may have effects on the quality of the environment
that are likely to be highly controversial;
(2) The scope or size of the project is greater than normally
experienced for a particular action described in subsection (c) below;
(3) There is potential for degradation, even if slight, of already-
existing poor environmental conditions;
(4) A degrading influence, activity, or effect is initiated in an
area not already significantly modified from its natural condition;
(5) There is a potential for adverse effects on areas of critical
environmental concern or other protected resources including, but not
limited to, threatened or endangered species or their habitats,
significant archaeological materials, prime or unique agricultural
lands, wetlands, coastal zones, sole source aquifers, 100-year-old
flood plains, places listed, proposed, or eligible for listing on the
National Register of Historic Places, natural landmarks listed,
proposed, or eligible for listing on the National Registry of Natural
Landmarks, Wilderness Areas or wilderness study areas, or Wild and
Scenic River areas; or
(6) Possible significant direct, indirect, or cumulative
environmental impacts exist.
(c) Actions that normally qualify for a CE include:
(1) Minor renovations or repairs within an existing facility,
unless the project would adversely impact a structure listed in the
National Register of Historic Places or is eligible for listing in the
register.
(2) Facility expansion or construction of a limited addition to an
existing structure or facility and new construction or reconstruction
of a small facility on a previously developed site. The exclusion
applies only if:
(i) The structure and proposed use comply with local planning and
zoning and any applicable state or federal requirements; and
(ii) The site and the scale of construction are consistent with
those of existing adjacent or nearby buildings.
(3) Security upgrades of existing facility grounds and perimeter
fences. This exclusion does not include such upgrades as adding lethal
fences or major increases in height or lighting of a perimeter fence in
a residential area or other area sensitive to the visual impacts
resulting from height and lighting changes.
(4) Federal contracts or agreements for detentions services,
including actions such as procuring guards for detention services or
leasing bed space (which may include operational costs) from an
existing facility operated by a state or a local government or a
private correctional corporation.
(5) General administrative activities that involve a limited
commitment of resources. Examples of such include: personnel actions or
policy related to personnel issues, organizational changes, procurement
of office supplies and systems, and commitment or reallocation of funds
for previously reviewed and approved programs or activities.
(6) Change in contractor or federal operators at an existing
contractor-operated correctional or detention facility.
(7) Transferring, leasing, maintaining, acquiring, or disposing of
interests in land where there is no change in the current scope and
intensity of land use, including management and disposal of seized
assets pursuant to federal laws.
(8) Transferring, leasing, maintaining, acquiring, or disposing of
equipment, personal property, or vessels that do not increase the
current scope and intensity of USMS activities, including management
and disposal of seized assets pursuant to Federal forfeiture laws.
(9) Routine procurement of goods and services to support operations
and infrastructure that are conducted in accordance with Department of
Justice energy efficiency policies and applicable Executive Orders,
such as E.O. 13148.
(10) Routine transportation of prisoners or detainees between
facilities and flying activities in compliance with Federal Aviation
Administration Regulations. This only applies where the activity is in
accordance with normal flight patterns and elevations for the facility
and where the flight patterns/elevations have been addressed in an
installation master plan or other planning document that has been the
subject of a NEPA review.
(11) Lease extensions, renewals, or succeeding leases where there
is no change in the intensity of the facility's use.
8. Responsibilities.
(a) The Director of the USMS, in conjunction with the Senior
Environmental Advisor, possesses ultimate authority over the NEPA
process.
(b) The Senior Environmental Advisor's duties include:
(1) Advising the Director or other USMS decision maker on USMS NEPA
procedures and compliance.
(2) Supervising the Environmental Coordinator.
(3) Acting as NEPA liaison to CEQ for the Director and other USMS
decision makers on important decisions outside the authority of the
Environmental Coordinator.
(4) Consulting with CEQ regarding alternative NEPA procedures
requiring the preparation of an EIS in emergency situations.
(5) Consulting with CEQ and officials of other federal agencies to
settle agency disputes over the NEPA process, including designating
lead and cooperating agencies.
(c) The USMS Environmental Coordinator will act as the agency's
NEPA contact, and will be responsible for:
(1) Ensuring that adequate EAs and EISs are prepared at the
earliest possible time; ensuring that decisions are made in accordance
with the general policies and purposes of NEPA; verifying information
provided by applicants; evaluating environmental effects; assuring
that, when appropriate, EAs and EISs contain documentation from
independent parties with expertise in particular environmental matters;
and taking responsibility for the scope and content of EAs prepared by
applicants. The Environmental Coordinator shall return EAs and EISs
that are found to be inadequate.
(2) Ensuring that the USMS conducts an independent evaluation, and
where appropriate, prepares a FONSI, a NOI, and/or a ROD.
(3) Coordinating the efforts for preparation of an EIS consistent
with the requirements of the CEQ regulations at 40 CFR part 1502.
(4) Cooperating and coordinating planning efforts with other
federal agencies.
(5) Providing for agency training on environmental matters.
(d) The agency shall ensure compliance with NEPA for cases where
actions are planned by private applicants or other non-federal entities
before federal involvement. The USMS, through the Environmental
Coordinator, shall:
(1) identify types of actions initiated by private parties, state
and local agencies and other non-federal entities for which agency
involvement is reasonably foreseeable;
(2) Provide (A) full public notice that agency advice on such
matters is available, (B) detailed written publications containing that
advice, and (C) early consultation in cases where
[[Page 3253]]
agency involvement is reasonably foresseeable; and
(3) Consult early with appropriate Indian tribes, state and local
agencies, and interested private persons and organizations on those
projects in which USMS involvement is reasonably foreseeable.
(e) To assist in ensuring that all federal agencies' decisions are
made in accordance with the general policies and purposes of NEPA, the
USMS, through the Environmental Coordinator, shall:
(1) Comment within the specified time period on other federal
agencies' EISs, where the USMS has jurisdiction by law regarding a
project, and make such comments as specific as possible with regard to
adequacy of the document, the merits of the alternatives, or both.
(2) Where the USMS is the lead agency on a project, coordinate with
other federal agencies and supervise the development of and retain
responsibility for the EIS.
(3) Where the USMS is a cooperating agency on a project, cooperate
with any other federal agency acting as lead agency through
information-sharing and staff support.
(4) Independently evaluate, provide guidance on, and take
responsibility for scope and contents of NEPA analyses performed by
contractors or applicants used by USMS. When the USMS is the lead
agency, USMS will choose the contractor to prepare and EIS, require the
contractor to execute a disclosure statement stating that the
contractor has no financial or other interest in the outcome of the
project, and participate in the preparation of the EIS by providing
guidance and an independent evaluation prior to approval.
(5) Consider alternatives to a proposed action where it involves
unresolved conflicts concerning available resources. The USMS shall
make available to the public, prior to a final decision, any NEPA
documents and additional decision documents or parts thereof addressing
alternatives.
(6) Conduct appropriate NEPA procedures for the proposed action as
early as possible for consideration by the appropriate decision-maker,
and ensure that all relevant environmental documents, comments, and
responses accompany the proposal through the agency review process for
the final decision.
(7) Include as part of the administrative record relevant
environmental documents, comments, and responses in formal rulemaking
or adjudicatory proceedings.
(8) Where emergency circumstances require taking action that will
result in a significant environmental impact, contact CEQ via the USMS
Senior Environmental Advisor for consultation on alternative
arrangements. Alternative arrangements will be limited to those
necessary to control the immediate impacts of the emergency.
9. Public Involvement.
(a) In accordance with NEPA and CEQ regulations and to ensure
public involvement in decision-making regarding environmental impact on
local communities, the USMS shall also engage in the following
procedures during its NEPA process:
(1) When preparing an EA, EIS, or FONSI, USMS personnel in charge
of preparing the document will invite comment from affected federal,
tribal, state, local agencies, and other interested persons, as early
as the scoping process.
(2) The USMS will disseminate information to potentially interested
or affected parties, such as local communities and Indian tribes,
through such means as news releases to various local media,
announcements to local citizens groups, public hearings, and posting
signs near the affected area.
(3) The USMS will mail notice to those individuals or groups who
have requested one on a specific action or similar actions.
(4) For matters of national concern, the USMS will publish
notification in the Federal Register and will send notification by mail
to national organizations reasonably expected to be interested.
(5) If a decision is made to develop an EIS, the USMS will publish
a NOI in the Federal Register as soon as possible.
(6) The personnel in charge of preparing the NEPA analysis and
documentation will invite public comment and maintain two-way
communication channels throughout the NEPA process, provide
explanations of where interested parties can obtain information on
status reports of the NEPA process and other relevant documents, and
keep public affairs officers at all levels informed.
(7) The USMS will establish a Web site to keep the public informed.
(8) During the NEPA process, responsible personnel will consult
with local government and tribal officials, leaders of citizen groups,
and members of identifiable population segments within the potentially
affected environment, such as farmers and ranchers, homeowners, small
business owners, minority and disadvantaged communities, and tribal
members.
10. Scoping. Prior to starting the NEPA analysis, USMS personnel
responsible for preparing either an EA or EIS shall engage in an early
scoping process to identify the significant issues to be examined in
depth, and to identify and eliminate from detailed study those issues
which are not significant or which have been adequately addressed by
prior environmental review. The scoping process should identify any
other environmental analyses being conducted relevant to the proposed
action, address timing and set time limits with respect to the NEPA
process, set page limits, designate respective responsibilities among
the lead and cooperating agencies, identify any other environmental
review and consultation requirements to allow for integration with the
NEPA analysis, and hold an early scoping meeting which may be
integrated with other initial planning meetings.
11. Mitigation and Monitoring. USMS personnel, who are responsible
for preparing NEPA analyses and documents, will consider mitigation
measures to avoid or minimize environmental harm. EAs and EISs will
consider reasonable mitigation measures relevant to the proposed action
and alternatives. Paragraph 5(b) of this Appendix describes the
requirements for documenting mitigation measures in a ROD.
12. Supplementing an EA or EIS. When substantial changes are made
to a proposed action that are relevant to environmental concerns, a
supplement will be prepared for an EA or a draft or final EIS. A
supplement will also be prepared when significant new circumstances
arise or new relevant information surfaces concerning and bearing upon
the proposed action or its impacts. Any necessary supplement shall be
processed in the same way as an original EA or EIS, with the exception
that new scoping is not required. Any supplement shall be added to the
formal administrative record, if such record exists.
13. Compliance with Other Environmental Statutes.
To the extent practicable, a NEPA document shall include
information necessary to assure compliance with all applicable
environmental statutes.
Dated: January 6, 2006.
John F. Clark,
Acting Director, United States Marshals Service.
[FR Doc. 06-517 Filed 1-19-06; 8:45 am]
BILLING CODE 4410-04-M