REG 7 CFR PART 1A-2012 LAW ENFORCEMENT AUTHORITIES.pdf

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1、118 7 CFR Subtitle A (1112 Edition) 1.673 1.673 How will the Forest Service analyze a proposed alternative and formulate its modified condition? (a) In deciding whether to adopt a proposed alternative, the Forest Serv-ice must consider evidence and sup-porting material provided by any li-cense party

2、 or otherwise available to the Forest Service, including: (1) Any evidence on the implementa-tion costs or operational impacts for electricity production of the proposed alternative; (2) Any comments received on the Forest Services preliminary condition; (3) Any ALJ decision on disputed issues of ma

3、terial fact issued under 1.660 with respect to the preliminary condition; (4) Comments received on any draft or final NEPA documents; and (5) The license partys proposal under 1.671. (b) The Forest Service must adopt a proposed alternative if the Forest Serv-ice determines, based on substantial evid

4、ence provided by any license party or otherwise available to the Forest Service, that the alternative: (1) Will, as compared to the Forest Services preliminary condition: (i) Cost significantly less to imple-ment; or (ii) Result in improved operation of the project works for electricity pro-duction;

5、 and (2) Will provide for the adequate pro-tection and utilization of the reserva-tion. (c) When the Forest Service files with FERC the condition that the Forest Service adopts as its modified condi-tion under 1.672(b), it must also file: (1) A written statement explaining: (i) The basis for the ado

6、pted condi-tion; and (ii) If the Forest Service is not adopt-ing any alternative, its reasons for not doing so; and (2) Any study, data, and other factual information relied on that is not al-ready part of the licensing proceeding record. (d) The written statement under paragraph (c)(1) of this sect

7、ion must demonstrate that the Forest Service gave equal consideration to the effects of the condition adopted and any alter-native not adopted on: (1) Energy supply, distribution, cost, and use; (2) Flood control; (3) Navigation; (4) Water supply; (5) Air quality; and (6) Preservation of other aspec

8、ts of environmental quality. 1.674 Has OMB approved the infor-mation collection provisions of 1.670 through 1.673? Yes. This rule contains provisions that would collect information from the public. It therefore requires ap-proval by the Office of Management and Budget (OMB) under the Paper-work Redu

9、ction Act of 1995, 44 U.S.C. 3501 et seq. (PRA). According to the PRA, a Federal agency may not con-duct or sponsor, and a person is not re-quired to respond to, a collection of in-formation unless it displays a cur-rently valid OMB control number that indicates OMB approval. OMB has re-viewed the i

10、nformation collection in this rule and approved it under OMB control number 10940001. PART 1aLAW ENFORCEMENT AUTHORITIES Sec. 1a.1 General statement. 1a.2 Authorization. 1a.3 Persons authorized. 1a.4 Limitations. 1a.5 Responsibility of the Inspector Gen-eral. AUTHORITY: Sec. 1337, Pub. L. 9798; 5 U.

11、S.C. 301; 5 U.S.C. App. I. SOURCE: 47 FR 2073, Jan. 14, 1982, unless otherwise noted. 1a.1 General statement. This part sets forth the rules issued by the Secretary of Agriculture to im-plement section 1337 of Public Law 97 98 relating to: (a) Arrests without warrant for cer-tain criminal felony vio

12、lations; (b) Execution of warrants for arrests, searches of premises and seizures of evidence; and (c) The carrying of firearms by des-ignated officials of the Office of Inspec-tor General. VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00128 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pma

13、ngrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-119 Office of the Secretary, USDA 1b.1 1a.2 Authorization. Any official of the Office of Inspector General who is designated by the In-spector General according to 1a.3 a

14、nd 1a.5 of this part and who is engaged in the performance of his/her official du-ties under the authority provided in section 6, or described in section 9, of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized to (a) Make an arrest without a warrant for any criminal felony violation s

15、ub-ject to 1a.4, if such violation is com-mitted, or if the official has probable cause to believe that such violation is being committed, in his/her presence; (b) Execute and serve a warrant for an arrest, for the search of premises, or the seizure of evidence if such warrant is issued under author

16、ity of the United States upon probable cause to believe that any criminal felony violation, subject to 1a.4, has been committed; and (c) Carry a firearm. 50 FR 13759, Apr. 8, 1985 1a.3 Persons authorized. Any person who is employed in the Office of Inspector General and who is designated by the Insp

17、ector General in accordance with and subject to 1a. and who conducts investigations of al-leged or suspected felony criminal vio-lations of statutes administered by the Secretary of Agriculture or any agency of the Department of Agriculture may exercise the authorities listed in and pursuant to 1a.2

18、. 1a.4 Limitations. The powers granted by 1a.2(a) and 1a.2(b) shall be exercised only when a designated official is engaged in an in-vestigation of alleged or suspected fel-ony violations of statutes administered by the Secretary of Agriculture or any agency of the Department. 50 FR 13759, Apr. 8, 1

19、985 1a.5 Responsibility of the Inspector General. The Inspector General shall: (a) Issue directives conforming to this part governing the exercise of the authorities granted by this part. These directives should contain the policies and procedures by which the authori-ties will be exercised by desig

20、nated of-ficials of the Office of Inspector Gen-eral; (b) Establish criteria for qualifica-tion by officials of the Office of Inspec-tor General who are designated to exer-cise the authorities granted in this part; (c) Monitor the implementation and exercise of the authorities granted by this part;

21、(d) Designate, pursuant to 1a.2, 1a.3 and 1a.4, and the directives issued under paragraph (a) of this section, and the criteria established under para-graph (b) of this section, employees who have satisfied all the qualifica-tions set by the Inspector General to exercise the authorities granted by 1

22、a.2; and (e) Submit to the Attorney General of the United States the name of any employee of the Office of Inspector General designated pursuant to para-graph (d) of this section. Any designa-tion not specifically disapproved by the Attorney General within 30 days after the date of submission shall

23、be deemed approved. PART 1bNATIONAL ENVIRONMENTAL POLICY ACT Sec. 1b.1 Purpose. 1b.2 Policy. 1b.3 Categorical exclusions. 1b.4 Exclusion of agencies. AUTHORITY: 5 U.S.C. 301; 42 U.S.C. 4321 et seq.; E.O. 11514, 3 CFR, 19661970 Comp., p. 902, as amended by E.O. 11991, 3 CFR, 1978 Comp., p. 123; E.O.

24、12114, 3 CFR, 1980 Comp., p. 356; 40 CFR 1507.3. SOURCE: 48 FR 11403, Mar. 18, 1983, unless otherwise noted. 1b.1 Purpose. (a) This part supplements the regula-tions for implementation of the Na-tional Environmental Policy Act (NEPA), for which regulations were published by the Council on Environ-me

25、ntal Quality (CEQ) in 40 CFR parts 1500 through 1508. This part incor-porates and adopts those regulations. (b) This part sets forth Departmental policy concerning NEPA, establishes categorical exclusions of actions car-ried out by the Department and its VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00129 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-