Appendix D to Part 61 - Office of Justice Assistance, Research, and Statistics Procedures Relating to the Implementation of the National Environmental Policy Act
28:2.0.1.1.18.4.1.1.7 : Appendix D
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. 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. § 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. § 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.