28 CFR Appendix B
Drug Enforcement Administration Procedures Relating to the Implementation of the National Environmental Policy Act
July 24, 2020
CFR

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:

Open Table
(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.

Open Table
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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