28 CFR Appendix B to Part 61, Drug Enforcement Administration Procedures Relating to the Implementation of the National Environmental Policy Act

Appendix B to Part 61 - Drug Enforcement Administration Procedures Relating to the Implementation of the National Environmental Policy Act

1. Applicability.

2. Typical Classes of Action Requiring Similar Treatment Under NEPA.

3. Environmental Information.

1. Applicability.

This part applies to all organizational elements of the Drug Enforcement Administration [DEA].

2. Typical Classes of Action Requiring Similar Treatment Under NEPA.

(a) Section 1507.3(c)(2) in conjunction with § 1508.4 requires agencies to establish three typical classes of action for similar treatment under NEPA. These typical classes of action are set forth below:

(1) Actions normally requiring EIS (2) Actions normally not requiring environmental assessments or EIS (Categorical exclusions) (3) Actions normally requiring environmental assessments but not necessarily EIS
None Scheduling of drugs as controlled substances Chemical eradication of plant species from which controlled substances may be extracted.
Establishing quotas for controlled substances
Registration of persons authorized to handle controlled substances
Storage and destruction of controlled substances
Manual eradication of plant species from which controlled substances may be extracted

(b) For the principal DEA program requiring environmental review, the following chart identifies the point at which the NEPA process begins, the point at which it ends, and the key agency officials or offices required to consider environmental documents in their decisionmaking.

Principal program Start of NEPA process Completion of NEPA process Key officials or offices required to consider environmental documents
Eradication of plant species from which controlled substances may be extracted Prepare an environmental assessment Final review of environmental assessment or Environmental Impact Statement Office of Science and Technology.

(c) The DEA shall independently determine whether an EIS or an environmental assessment is required where:

(1) A proposal for agency action is not covered by one of the typical classes of action in (a) above; or

(2) For actions which are covered, the presence of extraordinary circumstances indicates that some other level of environmental review may be appropriate.

3. Environmental Information

Interested persons may contact the Office of Science and Technology for information regarding the DEA compliance with NEPA.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
Presidential Documents

Executive Order ... 11991