Appendix A to Part 61 - Bureau of Prisons Procedures Relating to the Implementation of the National Environmental Policy Act
28:2.0.1.1.18.4.1.1.4 : Appendix A
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.
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: § 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: § 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 initial 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 guidelines 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: § 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 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: § 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]