[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