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<br />ATTACHMENTE
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<br />2008-DJ-BX-OI03
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<br />4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of
<br />the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of govermnent,
<br />without the express prior written approval ofOJP.
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<br />5. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other
<br />related federal enviromnental impact analyses requirements in the use of these grant funds, either directly by the
<br />grantee or by a subgrantee, Accordingly, prior to obligating grant funds, the grantee agrees to first determine if
<br />any of the following activities will be related to the use of the grant funds,
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<br />The grantee understands that this special condition applies to its following new activities whether or not they are
<br />being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee,
<br />a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this
<br />special condition must first be met. The activities covered by this special condition are:
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<br />a. New construction;
<br />b. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National
<br />Register of Historic Places or (b) located within a IOO-year flood plain;
<br />c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its
<br />basic prior use or (b) significantly change its size; and,
<br />d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as
<br />an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
<br />recreational, or education environments.
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<br />Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its
<br />sub grantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific
<br />request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program enviromnental
<br />assessment of that funded program or activity.
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<br />6. This special condition facilitates compliance with the provisions of the National Environmental Policy Act
<br />(NEP A) relating to clandestine methamphetamine laboratory operations, including the identification, seizure,
<br />or closure of clandestine methamphetamine laboratories [hereinafter, "meth lab operations"]. No monies from
<br />this award may be obligated to support meth lab operations unless the grantee implements this special
<br />condition.
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<br />The Office of Justice Prograros (OJP). in consultation with the Bureau of Justice Assistance, the Drug
<br />Enforcement Administration, and the Office for Community Oriented Policing Services, prepared a Program-
<br />level Environmental Assessment (Assessment) governing meth lab operations. The Assessment describes the
<br />adverse environmental, health, and safety impacts likely to be encountered by law enforcement agencies as they
<br />implement specific actions under their methamphetamine laboratory operations. Consistent with the
<br />Assessment, the following terms and conditions shall apply to the grantee for any OJP funded methlab
<br />operations:
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<br />A. The grantee shall ensure compliance by OJP funded sub-grantees with federal, state, and local
<br />enviromnental, health, and safety laws and regulations applicable to meth lab operations, to include the
<br />disposal of the chemicals, equipment, and wastes resulting from those operations.
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<br />B. The grantee shall have a Mitigation Plan in place that identifies and documents the processes and points of
<br />accountability within its state. This plan will be used to ensure that the adverse environmental, health, and
<br />safety impacts delineated in the Assessment are mitigated in a manner consistent with the requirements of this
<br />condition.
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<br />C. The grantee shall monitor OJP funded meth lab operations to ensure that they comply with the following
<br />nine mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's
<br />Mitigation Plan. These mitigation measures must be included as special conditions in all subgrants: (See Part II
<br />of this special condition)
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<br />7. 1. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure
<br />of clandestine methamphetamine laboratories;
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