861 Purpose. To define requirements for Department of Labor (DOL) grant and procurement programs in complying with the National Environmental Policy Act (NEPA) of 1969, as amended, and with related Acts and Executive Orders.
862 Authority. This section is issued to fulfill the requirements of the following:
a. National Environmental Policy Act of 1969,
Pub. L. 91-190, 83 Stat. 852 (42 U.S.C. 4321 et seq.), as amended by Pub. L. 94-83.
b. Executive Order 11514 of March 4, 1970 (35 FR 4247), "Protection and Enhancement of Environmental Quality."
c. Guidelines issued by the Council on Environmental Quality, 38 FR 20550 (40 CFR Part 1500).
d. Clean Air Act, as amended by Pub. L. 91-604, 84 Stat. 1676 (42 U.S.C. 1857 et seq.).
e. Federal Water Pollution Control Act, as amended by Pub. L. 92-500, 86 Stat. 816 (33 U.S.C. 1251 et seq.).
f. Executive Order 11738 of September 10, 1973 (38 FR 25161), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act With Respect to Federal Contracts, Grants, or Loans."
g. Executive Order 11752 of December 19, 1973 (38 FR 34793), "Prevention, Control, and Abatement of Environmental Pollution at Federal Facilities."
h. National Historic Preservation Act of 1966,
Pub. L. 89-665, 80 Stat. 915 (16 U.S.C. 470 et seq.).
i. Archeological and Historical Preservation Act of 1974, Pub. L. 93-991, 88 Stat. 174 (16 U.S.C. 469 et seq.).
j. Executive Order 11593 of May 13, 1971 (36 FR 8921), "Protection and Enhancement of the Cultural Environment."
k. Endangered Species Act of 1973, Pub. L. 93-205, 87 Stat. 884 (16 U.S.C. 1331 et seq.).
l. Office of Management and Budget (OMB) Circular No. A-95 (Revised), dated January 2, 1976 (41 FR 2052 ff), "Evaluation, Review, and Coordination of Federal and Federally Assisted Programs and Projects."
863 Background. To enhance and prevent further deterioration of the environment, Federal laws have been enacted, Executive Orders have been issued, and regulations and OMB Circulars have been published which impose requirements on programs and activities of Federal Executive Branch agencies. This section of the Department of Labor Manual Series (DLMS) defines the policy of the DOL and the responsibilities of DOL officials involved in the grant and procurement process in supporting environment-related requirements.
864 Definitions. For purposes of this section, the following definitions apply:
a. "Critical habitat" means any air, land, or water area which the Secretary of the Interior has determined is essential to the survival of wild populations of a species listed as threatened or endangered.
b. "Environment" means the aggregate of things, conditions, circumstances, and influences surrounding and affecting the existence or development of living things.
c. "Environmental assessment" is a review, made in the planning stage of a project or activity, of the present environment in which an activity is planned to make a judgment as to any environmental consequences likely to be caused by the project or activity and the extent of those consequences.
d. "Environmental Impact Statement" (EIS) is a report which identifies and analyzes in detail the environmental consequences of a proposed DOL activity and identifies feasible alternatives, if any, when it has been determined that the project or activity is a major DOL action which will significantly affect the human environment.
e. "Impact" is the difference between the environment with and without the proposed major DOL action.
f. "Negative declaration" is a written determination by the responsible DOL official, after an environmental assessment, which declares that the project or activity is not a major DOL action which will significantly affect the environment. The declaration gives the location of the project or activity, summarizes briefly its purpose, and provides the reasons for arriving at conclusions leading to the negative declaration.
865 Requirements--Federal Laws and Executive Orders. Requirements of the various environment-related laws, and Executive Orders and their implications for DOL activities include:
a. National Environmental Policy Act (NEPA). This is the most comprehensive of the environment-related laws, and (except for requirements of paragraph 869) compliance with its requirements will generally satisfy the requirements of other laws which are limited to a single aspect of the environment. For example, Section 101(b) of the Act requires that Federal agencies coordinate Federal functions so "that the Nation may:
(1) fulfill the responsibilities of each generation as a trustee of the environment for succeeding generations;
(2) assure for all Americans safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
(3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable or unintended consequences;
(4) preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice;
(5) achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities;
(6) enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources."
Section 102(2) (C) requires that Federal agencies consider the above environmental objectives in awarding contracts or grants or otherwise providing financial assistance for new or ongoing projects (except for general revenue sharing). Guidelines issued by the Council on Environmental Quality (40 CFR Part 1500) describe the specific actions to be taken where it appears that an environmental impact statement may be required.
b. The National Historic Preservation Act of 1966. Section 106 of this Act requires that "...any Federal agency having...jurisdiction over a proposed Federal or federally assisted undertaking in any State...or having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds..., take into account the effect of the undertaking on any district, site, building, structure, or object that is included in the NATIONAL REGISTER."
c. Endangered Species Act of 1973. Section 7 of the Act provides that "...Federal departments and agencies shall, ...insure that actions authorized, funded, or carried out by them do not jeopardize the continued existence of such endangered species and threatened species or result in the destruction or modification of habitat of such species which is determined..., to be critical."
d. Clean Air Act, as amended; Federal Water Pollution Control Act, as amended; Executive Order 11738. In response to requirements of Section 306 of the "Clean Air Amendments of 1970" and Section 508 of the "Federal Water Pollution Control Act Amendments of 1972" regarding Federal procurement responsibilities, the President issued Executive Order 11738. Section 4 of the Executive Order requires that Executive Branch agencies amend regulations to require that a provision requiring compliance with the two Acts be included in Federal grants, loans, or contracts. Part 15 of Title 40 of the Code of Federal Regulations (40 CFR Part 15), providing the implementing policies and procedures, was subsequently published by the Environmental Protection Agency (EPA).
e. Archeological and Historical Preservation Act of 1974. This Act provides for the preservation of historical and archeological materials for data which might be lost or destroyed due to the alteration of terrain because of construction of a dam by a Federal agency; or to alteration of terrain as a result of a Federal construction project or federally licensed activity or program.
866 Applicability to DOL Programs
a. To comply with requirements of the NEPA, each DOL Agency responsible for programs under which the DOL intends to establish a project or activity involving construction or leasing of property by the Department shall ensure that an environmental assessment is conducted in accordance with procedures set forth in paragraph 868 of this manual section. At this time, the following programs funded under the Comprehensive Employment and Training Act of 1973, as amended (CETA), frequently involve construction and leasing of property by the DOL (or by other Federal agencies for DOL programs through interagency agreement):
(1) Title IV -- Job Corps.
(2) Title VIII -- Young Adult Conservation Corps.
b. Whether or not construction or leasing of property is involved, each DOL Agency responsible for a DOL program involving the award of contracts and grants shall ensure compliance with environment-related requirements specified in paragraph 869 of this section.
867 National Environmental Policy Act Responsibilities. When it will be necessary to undertake construction or to lease property in connection with DOL programs (see paragraph 866a), environmental assessments shall be made and negative declarations or EIS's shall be prepared, as appropriate by:
a. Federal agencies, such as the Department of Interior or the Department of Agriculture when, through interagency agreement, they operate Job Corps programs (in Civilian Conservation Centers) or Young Adult Conservation Corps programs (in centers established by those agencies).
b. DOL Agency program officials, for other centers or for other projects under the Job Corps program or other programs if the programs involve construction or the leasing of property by the DOL. Officials shall make environmental assessments as early in the planning process as possible using procedures given in this section, in program regulations, and in instructions of the responsible DOL Agency. While contractors with special expertise may perform the preliminary review, DOL Agency officials shall be responsible for analyzing findings, for making decisions regarding the significance of environmental consequences, and for deciding to change the project or its location, to prepare a negative declaration, or to request the Assistant Secretary for Administration and Management to authorize continuation of the project and the issuance of an EIS. Unless major new construction is involved in establishing centers, it is unlikely that a project will constitute a major DOL action which significantly affects the environment. "Major new construction," for purposes of this manual section, means construction which is major, not only because of large dollar amounts expended, but because of major changes it makes in the nature of a site or its use. Factors which may enter into decisions include the former use of a proposed facility and the number of individuals the facility formerly served as compared with its use and population to be served under the project.
868 Environmental Assessments
a. General. In making environmental assessments required by paragraph 866a, responsible DOL Agency officials shall:
(1) Identify environmental areas on which project activities are likely to have a significant effect.
(2) To the extent possible, quantify the changes which may be due to project activities to show amounts or degrees of change.
(3) Establish levels of change which would indicate that officials should:
(a) Conduct a more detailed analysis.
(b) Change project location or planned activities.
(c) Prepare a negative declaration.
(d) Request permission of the Assistant Secretary for Administration and Management to proceed with planned activities and to prepare an EIS.
b. Environmental Areas to be Considered. Officials shall consider the following areas to ascertain the effects of planned project activities on the environment. Factors identified are not to be considered all-inclusive. Officials shall, with respect to the:
(1) Historic and cultural environment -- review the "NATIONAL REGISTER OF HISTORIC PLACES," issued by the National Park Service, to identify sites, buildings, structures, and objects of archeological, architectural, or historic significance which could be destroyed or adversely affected by the proposed project. Procedures for the review are included in the "NATIONAL REGISTER OF HISTORIC PLACES" at 36 CFR Part 800. The REGISTER is published in the FEDERAL REGISTER each February with supplements on the first Tuesday of each month.
(2) Human environment of locality -- consider the following with respect to the effects of the project on the community and the quality of life in a locality based on Federal or State laws, or on local laws, ordinances, and traditions:
(a) Population (numbers, density, and makeup).
(b) Planned use of community facilities and services taking into consideration capacity, and present and former use including: Health services (hospitals, physicians), recreational facilities (parks, theaters), fire and police protection, schools, energy resources, waste disposal, water, roadway systems, sewage systems, communications, and public transportation.
(c) Proximity to residential areas.
(d) Possible effects of project or activities on quality of drinking water, air quality, noise levels, designated scenic areas, land use (zoning, soil quality including drainage or erosion problems), buildings valued for their design or which are otherwise locally significant, neighborhood character, or health and safety of residents.
(e) Other considerations appropriate to specific project activities.
(3) Natural Environment -- in addition to consideration of the natural environment with relation to a specific segment of human population (see paragraph (2)), assess possible short-term and long-term effects of planned activities on natural systems and resources of the nation including: rivers and streams, forests, wetlands, wilderness areas, or places or species designated for preservation including species of plants and animals and their critical habitats identified in regulations published by the Secretary of the Interior (50 CFR Chapter I, Part 17); and by the Secretary of Commerce (50 CFR Chapter II, Parts 217, 222.23, 223, and 227.4).
c. Determining Extent of Environmental Consequences. After officials have identified areas of possible environmental consequences, they shall determine whether the consequences are significant. Local and State officials shall assist in making decisions, if appropriate.
d. Negative Declaration. If officials determine that the proposed project or activity is not a major DOL action which could have serious environmental consequences, they shall prepare a negative declaration. The negative declaration shall give the location of the project or activity, summarize proposed activities, and provide the rationale for determining that the negative declaration is appropriate. Officials shall publish the negative declaration in the FEDERAL REGISTER. A sample declaration is included as Appendix A-868 to this manual section.
e. Environmental Impact Statement (EIS). If officials determine that the proposed protect or activity is a major DOL action which would have serious environmental consequences, they shall consider altering proposed activities or changing the site of a proposed project. In order that essential programs not be delayed, officials shall proceed with a project requiring an EIS only after obtaining prior authorization from the Assistant Secretary for Administration and Management to do so.
869 Additional Requirements. The following environmental requirements are independent of the requirements of the NEPA, and shall be adhered to in all DOL Agencies having contracts and grants providing for activities which could have an effect on the environment:
a. To comply with the National Historic Preservation Act of 1966 and the Archeological and Historic Preservation Act of 1974, each DOL Agency program office responsible for programs involving contracts and grants which could affect historical and archeological sites or objects shall maintain a current "NATIONAL REGISTER OF HISTORIC PLACES" (see paragraph 868b(1) for publication information). In the planning phase, responsible DOL Agency program officials shall analyze proposed projects or activities to be undertaken under grants or contracts and, where deemed appropriate, shall consult the REGISTER to ensure that planned activities or projects will not produce the following adverse effects on property included in the REGISTER:
"(1) Destruction or alteration of all or part of the property.
(2) Isolation from or alteration of its surrounding environment.
(3) Introduction of visual, audible or atmospheric elements that are out of character with the property or alter its setting.
(4) Transfer or sale of a federally owned property without adequate conditions or restrictions regarding preservation, maintenance, or use.
(5) Neglect of a property resulting in its deterioration or destruction."
If deemed necessary for specific contracts or grants, program officials may arrange to make lists of property included in the REGISTER for an area available to contractors or grantees or prospective contractors or grantees.
b. To comply with Section 7 of the Endangered Species Act of 1973, each DOL Agency program office responsible for programs involving contracts or grants which could affect identified threatened or endangered species or their critical habitats, shall maintain current lists published by the Department of the Interior and the Department of Commerce. Agency program officials shall consult the lists to ensure that activities planned under contracts or grants do not jeopardize the continued existence of a species or its critical habitat. If deemed necessary for specific contracts or grants, program officials may provide excerpts from the lists to contractors or grantees or prospective contractors or grantees.
c. To carry out the requirements of the Clean Air Act and the Federal Water Pollution Control Act, DOL procurement and grant officials shall include the certification and provision prescribed in the Federal Procurement Regulations (41 CFR 1-1.2302) in all nonexempt DOL contracts and grants in excess of $100,000.
DEPARTMENT OF LABOR
Employment and Training Administration
Proposed Job Corps Center at
Determination of Negative Environmental Impact
AGENCY: Employment and Training Administration, Labor.
ACTION: Notice-Finding of Negative Environmental Impact.
SUMMARY: The purpose of this notice is to announce a determination by the Department under the National Environmental Policy Act and 40 CFR Part 1500 that the establishment of a Job Corps center at , does not constitute a major Federal action which will significantly affect the environment.
FOR FURTHER INFORMATION CONTACT: Director, Job Corps, Room 6100, Patrick Henry Building, 601 D StreEt N.W., Washington, D.C. 20213, Telephone (202) 376-6995.
SUPPLEMENTARY INFORMATION: Title IV of the Comprehensive Employment and Training Act of 1973, as amended (CETA), 29 U.S.C. 911 et seq., directs the Secretary of Labor to establish Job Corps centers to provide occupational training to disadvantaged youths ages 16 through 21. The Secretary has issued regulations published at 29 CFR Part 97a, implementing Title IV of CETA. Pursuant to his authority, the Secretary is establishing a Job Corps center at the location.
Pursuant to 40 CFR Part 1500, the Department of Labor has conducted an environmental assessment as part of a site utilization study and has determined that preparation of an environmental impact statement is not required since the establishment of this Job Corps center is not a major Federal action which will significantly affect the quality of the human environment within the meaning of 40 CFR Section 1500.6(c). The proposed Job Corps center will be a training center with residential, nonresidential and educational facilities for approximately disadvantaged youth, men, and women, ages 16 through 21, who need and can benefit from intensive employment-related services. The function of the center and the staff of approximately will be to provide skill training in selected vocational courses and continuing and/or remedial education in academic subjects.
The proposed use of the facility is intended for essentially the same purpose as used by the previous occupant, specifically residential living and education.
The center will be a self-contained facility located on the top slopes of approximately miles north of , and miles west of . The site is located on approximately acres of mountain land, of which acres are cleared and enclosed by fencing. The facility consists of approximately buildings, of which buildings are proposed for utilization.
Onsite sewage treatment facilities will be upgraded as required to meet applicable Federal, State, and local standards. This will be accomplished either by the remodeling of the existing plant or by the installation of a new prepackaged plant with tertiary treatment.
The two deep wells operating onsite will more than adequately meet the volume requirements and standards for water supply. The system includes one gallon exterior water tank and an interior gallon storage reservoir utilizing charcoal bed water treatment in addition to an automatic chlorination and caustic soda treatment system.
The proposed Job Corps center will be operated in compliance with the Job Corps Environmental Standards published at 29 CFR 97a.116, and with applicable Federal, State, and local regulations concerning environmental health.
The proposed Job Corps center will comply with the water quality and related standards established pursuant to the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., with Executive Order 11752, and with regulations and guidelines of the United States Environmental Protection Agency.
The center installation will be designed, operated, and maintained so as to conform to Federal air quality standards, including those found in Executive Order 11752 and 40 CFR Part 86.
Signed at Washington, D.C. this
day of , ?.
Director, Job Corps
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