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Code of Federal Regulations Title 28. Judicial Administration 28 CFR Pt. 61, App. B—DRUG ENFORCEMENT ADMINISTRATION PROCEDURES RELATING TO THE IMPLEMENTATION OF THE NATIONAL ENVIRONMENTAL POLICY ACT

Current as of January 02, 2025 | Updated by Findlaw Staff

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.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 28. Judicial Administration 28 CFR Pt. 61, App. B—DRUG ENFORCEMENT ADMINISTRATION PROCEDURES RELATING TO THE IMPLEMENTATION OF THE NATIONAL ENVIRONMENTAL POLICY ACT - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-28-judicial-administration/cfr-pt-28-61-app-b/

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