Appendix C to Part 61 - Immigration and Naturalization Service Procedures Relating to the Implementation of the National Environmental Policy Act
28:2.0.1.1.18.4.1.1.6 : Appendix C
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 liaison
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 identified 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.)
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 § 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: §
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
initial 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: § 1507.3(b)(2)(iii) - CEQ
Regulations.)