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NBAF Document Library

The Record of Decision (ROD), which documents the agency’s final decision, was signed on January 12, 2009 and published in the Federal Register on January 16, 2009. The Manhattan, Kansas site was selected for the construction and operation of the National Bio and Agro-Defense Facility. All comments on the NBAF Final Environmental Impact Statement (EIS) were considered before the Record of Decision was issued.

The Department of Homeland Security prepared an environmental impact statement (EIS) to evaluate siting alternatives for the construction and operation of a proposed National Bio and Agro-Defense Facility (NBAF) as required by the National Environmental Policy Act (NEPA). The NBAF Final EIS analyzes the potential environmental impacts of taking no action, as well as siting, constructing and operating the proposed NBAF at the six site alternatives.

Appendix H is the Comment Response Document of the NBAF Final EIS, showing the comments submitted on the NBAF Draft EIS and the Department's response to those comments.

Instructions for how to locate a specific comment that was submitted on the NBAF Draft EIS and the associated Department response are located in the Section 1.4 of Appendix H, available from the link below:

After you have identified the file name where your comment is located, navigate to the page below and click on that file name to find the comment and the Department response. Please note that Chapter 2 of Appendix H is not readable by accessibility software due to its format.

If assistance is required to read this document, please contact the Department via e-mail at

The Department received a small number of comment documents that were postmarked before the end of the comment period (August 25, 2008), but were not delivered to the NBAF Program Office in time for publication in the CRD. The Department did consider the comments and posted both the comments and responses.

Other historical documents related to the EIS include the following:

  • 2002: Homeland Security Act transferred ownership of PIADC from USDA to DHS and provided for USDA (APHIS and ARS) activities on site.
  • 2004: HSPD-9 directed DHS and USDA to develop a plan to provide “safe, secure, and state-of-the-art” agriculture biocontainment capabilities for research and diagnostics.
  • 2008: Farm Bill authorized USDA Secretary to issue FMD permit to PIADC’s successor facility (NBAF).
  • 2016: S. Rept. 114-259 “encourages DHS and USDA to work together on a plan for the future operation of NBAF, including consideration of the appropriate agency to manage the facility.”
  • 2018: Conference Report, Omnibus Appropriations: The agreement acknowledges that the United States Department of Homeland Security (DHS) will continue to be responsible for the construction of the National Bio and Agro-Defense Facility (NBAF). The agreement provides an additional $4,000,000 to USDA to support operational activities of the NBAF.
  • 2019: Conference Report, Consolidated Appropriations Act: “The conferees recognize that the Department proposes to transfer the responsibility for operational planning, and future operations of NBAF to USDA and support the fiscal year 2019 funding request to allow NBAF to be fully operational by December 31, 2022. The conferees appreciate the joint DHS/USDA transition team working to identify and outline transition activities to address all requirements for the timely operational stand-up of NBAF. The conferees provide...$42,000,000 to address stand-up activities and other initial costs to operate and maintain the facility.”
  • 2019: Consolidated Appropriations Act: Sec. 408: The Secretary of Homeland Security may transfer personnel and up to $15,000,000 in unexpended balances of amounts made available to the Department of Homeland Security "… to the Department of Agriculture for the purpose of contract and associated support of the operations of the National Bio and Agro-Defense Facility…”