National Environmental Policy Act: Categorical Exclusions

DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 61

AG Order No. 2142-98

National Environmental Policy Act: Categorical Exclusions

AGENCY: Department of Justice.

ACTION: Interim rule.

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SUMMARY: The Department of Justice is adding a categorical exclusion

for actions by the Bureau of Prisons (Bureau). This new categorical

exclusion is for actions undertaken by the Bureau that normally do no

require the preparation of either an environmental impact statement or

an environmental assessment, including contracts for halfway houses,

community corrections centers, comprehensive sanction centers,

community detention centers, or other similar facilities. The Bureau

will continue to determine independently whether the preparation of an

environmental impact statement or an environmental assessment is

required for an agency action not otherwise covered by a categorical

exclusion. In addition, when a proposed agency action that could be

classified as a categorical exclusion involves extraordinary

circumstances that may affect the environment, the Bureau shall conduct

appropriate environmental studies to determine if the categorical

exclusion classification is proper.

DATES: Effective March 6, 1998. Comments must be submitted by May 5,

1998.

ADDRESSES: Comments must be submitted to the Rules Unit, Office of

General Counsel, Bureau of Prisons, HOLC Room 754, 320 First Street,

NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General

Counsel, Bureau of Prisons, phone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Department of Justice is noting an

amendment to the internal procedures developed by the Bureau that

supplement the department-wide procedures for the implementation of the

National Environmental Policy Act (NEPA). These procedures (28 CFR part

[[Page 11121]]

61) were originally published at 46 FR 7953 (Jan. 26, 1981).

The Bureau's procedures were included as Appendix A of 28 CFR part

61 for informational purposes. Section 9 of Appendix A identifies

actions that normally do not require the preparation of either an

environmental impact statement or an environmental assessment. This

amendment adds a new paragraph (3) to Section 9 in order to

categorically exclude contracts for certain types of facilities. These

categorically excluded actions include contracts for halfway houses,

community corrections centers, comprehensive sanction centers,

community detention centers, or other similar facilities. Based upon

the Bureau's experience in undertaking such actions in the past, no

significant environmental impacts normally occur as a result of such

contracts and activities. A new Section 12 is also being added

providing that if a proposed action is not covered by Sections 8

through 10 of the appendix, the Bureau of Prisons will independently

determine whether to prepare either an environmental impact statement

or an environmental assessment. In addition, when a proposed action

that could be classified as a categorical exclusion under Section 9 of

the 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.

As the Department noted when initially promulgating the

regulations, the requirements of 5 U.S.C. 553 do not apply to the

publication of these internal procedures. The provisions of the

Department of Justice and component procedures that provide for

internal management of NEPA review are exempt under 5 U.S.C. 553(a)(2).

The Department, nevertheless, is issuing this amendment as an interim

rule in order to afford the public an opportunity to comment.

This rule falls within a category of actions that the Office of

Management and Budget (OMB) has determined not to constitute

``significant regulatory actions'' under section 3(f) of Executive

Order 12866 and, accordingly, it was not reviewed by OMB. After review

of the law and regulations, the Attorney General herein certifies that

this amendment, for the purpose of the Regulatory Flexibility Act (5

U.S.C. 601 et seq.), does not have a significant impact on a

substantial number of small entities because it pertains to the

agency's internal management.

This rule will not have substantial direct effects on the states,

on the relationship between the national government and the states, or

the distribution of power and responsibilities among the various levels

of government. Therefore, in accordance with Section 6 of Executive

Order 12612, the Department of Justice has determined that this rule

does not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

Interested persons may submit comments on this amendment in writing

to the Rules Unit, Office of General Counsel, Bureau of Prisons, 320

First Street, NW., HOLC Room 754, Washington, DC 20534. Comments

received during the comment period will be considered before the rule

is finalized; comments received after the deadline will be considered

to the extent practicable. All comments received remain on file for

public inspection at the above address.

List of Subjects in 28 CFR Part 61

Environmental impact statements.

Accordingly, by virtue of the authority vested in the Attorney

General by law, including 5 U.S.C. 301 and 28 U.S.C. 509 and 510, part

61 of title 28 of the Code of Federal Regulations is amended as

follows:

PART 61--PROCEDURES FOR IMPLEMENTING THE NATIONAL ENVIRONMENTAL

POLICY ACT

1. The authority citation for 28 CFR part 61 continues to read as

follows:

Authority: 28 U.S.C. 509, 510; 5 U.S.C. 301; Executive Order No.

11991.

2. Appendix A is amended by adding a new paragraph 9.(3) and a new

Section 12 to read as follows:

Appendix A--Bureau of Prisons--Procedures Relating to the

Implementation of the National Environmental Policy Act

* * * * *

9. * * *

(3) Contracts for halfway houses, community corrections centers,

comprehensive sanction centers, community detention centers, or other

similar facilities.

* * * * *

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.

Dated: February 26, 1998.

Janet Reno,

Attorney General.

[FR Doc. 98-5791 Filed 3-5-98; 8:45 am]

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