Sec. 6. National Environmental Policy Act Considerations
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Not later than 5 years after the date of enactment of this Act, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Interior, in consultation with the Administrator of the Environmental Protection Agency, the Council on Environmental Quality, and the National Environmental Justice Advisory Council, after taking into consideration recommendations from the advisory panel and data reported pursuant to section 4, shall review and update procedures relating to the implementation of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to major Federal actions carried out at Federal carceral facilities.
Not later than 5 years after the date of enactment of this Act, the Attorney General, in coordination with the Secretary of Homeland Security and the Secretary of the Interior, shall submit a report to the appropriate congressional committees detailing how the agencies’ procedures relating to the implementation of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to major Federal actions carried out at Federal carceral facilities have been updated pursuant to subsection (a).
An environmental impact statement prepared for a proposed agency action relating to Federal carceral facilities completed pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) shall include an analysis of the direct, indirect, and cumulative environmental impacts of the proposed action on communities with environmental justice concerns, including both surrounding communities and populations of incarcerated people and carceral facility staff within the relevant facility.
An environmental impact statement prepared for a proposed agency action relating to new construction or expansion of Federal carceral facilities completed pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) shall include, as part of the analysis of reasonable alternatives required pursuant to that section, analyses regarding decarceration, diversion, compassionate release, and other programs designed to reduce the size of the incarcerated population.
All draft and final environmental assessments, findings of no significant impact, categorical exclusion determinations, environmental impact statements, and supporting documentation, including Federal Register notices shall also be made readily and freely accessible to incarcerated people at, or who are foreseeably likely to be transferred to, facilities impacted by the applicable major Federal action, by proactively providing incarcerated people and carceral facility staff with opportunities to access and study physical or digital copies of the documents.
All incarcerated people and carceral facility staff at, or who are foreseeably likely to be transferred to or employed at, facilities impacted by a major Federal action that is subject to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall be given the opportunity to participate in the scoping and public review process for an environmental impact statement by being given access to resources to study the environmental impact statement and submit public comments.
The relevant Federal agency shall include in its record of decision or finding of no significant impact, as applicable, prepared for any review process subject to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) a summary of how the feedback from incarcerated people and carceral facility staff pursuant to subsection
(e)was factored into the agency’s decision-making process.
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