28 CFR 91.55 - Categorical exclusions.

§ 91.55 Categorical exclusions.
Activities undertaken by State, local, or tribal entities using VOI/TIS funds that are consistent with any of the following categories are presumed not to have a significant effect on the human environment and thus, are categorically excluded from the preparation of either an EA or an EIS. Although these activities are excluded from environmental reviews under NEPA, they are not excluded from compliance with other applicable local, State, or Federal environmental laws. Additionally, an otherwise excluded activity loses its exclusion and is subject to environmental review if it either would be located within or potentially affect any of the following: a 100-year flood plain, a wetland, important farmland, a proposed or listed endangered or threatened species, a proposed or listed critical habitat, a property that is listed or eligible for listing on the National Register of Historic Places, an area within an approved State Coastal Zone Management Program, a coastal barrier or a portion of a barrier within the Coastal Barrier Resources System, a river or portion of a river included in or designated for potential addition to the Wild and Scenic Rivers System, a designated or proposed Wilderness Area, or a sole source aquifer recharge area designated by the Environmental Protection Agency (EPA). The resulting environmental review for those activities that lose their exclusion status shall focus on the factor or factors that caused the loss of the exclusion.
(a) Minor renovations. Projects for minor renovations within an existing facility, unless the renovation would impact a structure which is on the National Register of Historic Places, or is eligible for listing on the register.
(b) Limited expansion. Projects for the expansion of an existing facility or within an existing correctional complex, which does not add more than 50 beds or increase the capacity of the facility by more than 50 percent whichever is smaller. This exclusion does not apply to either a phased project that exceeds these numerical thresholds or projects to expand facilities that:
(1) Are located in a floodplain;
(2) Will affect a wetland;
(3) Will affect a facility on the National Register of Historic Places or that is eligible for listing on the register;
(4) Will affect a federally proposed or listed endangered or threatened species or its habitat;
(5) Is controversial for environmental reasons; or
(6) Would not be served by adequate sewage treatment, solid waste disposal, or water facilities.
(c) Expansion of support facilities. Projects for the expansion of bed space within an existing facility (e.g., double bunking or conversion of non-cell space) which are using grant funds to expand or add support facilities, such as a kitchen, medical facilities, recreational space, or program space, to accommodate the increased number of inmates. This does not include projects to increase capacity for support facilities which might pose a threat to the environment, such as solid waste and waste water management, new roads, new or upgraded utilities coming into the facility, or prison industry programs that involve the use of chemicals and produce hazardous waste or water or air pollution.
(d) Security upgrades. Security upgrades of an existing facility which are inside the existing perimeter fence or involve the upgrade of the existing perimeter fence. This exclusion does not include such upgrades as adding lethal fences or increasing height or lighting of a perimeter fence in a residential area or other areas sensitive to the visual impacts resulting from height or lighting changes.
(e) Privatization. Projects that involve the leasing of bed space (which may include operational costs) from a facility operated by a private correctional corporation or that contract with a private correctional corporation for the operation of a state facility or program. This exclusion does not apply if the correctional agency has contracted with the private vendor to build the facility, operate the facility, or lease beds to the correctional agency using federal grant funds.
(f) Drug testing and treatment. Projects that use grant funds to implement drug treatment, testing, sanctions, or interdiction programs.

Title 28 published on 2013-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 4321 - Congressional declaration of purpose

§ 13701 - Definitions

§ 13702 - Authorization of grants

§ 13703 - Violent offender incarceration grants

§ 13704 - Truth-in-sentencing incentive grants

§ 13705 - Special rules

§ 13706 - Formula for grants

§ 13707 - Accountability

§ 13708 - Authorization of appropriations

§ 13709 - Payments for incarceration on tribal lands

§ 13710 - Payments to eligible States for incarceration of criminal aliens

§ 13711 - Support of Federal prisoners in non-Federal institutions

§ 13712 - Report by Attorney General

§ 13713 - Aimee’s Law

§ 13721 - Task force on prison construction standardization and techniques

§ 13722 - Efficiency in law enforcement and corrections

§ 13723 - Congressional approval of any expansion at Lorton and congressional hearings on future needs

§ 13724 - Conversion of closed military installations into Federal prison facilities

§ 13725 - Correctional job training and placement

§ 13726 - Findings

§ 13726a - Definitions

§ 13726b - Federal regulation of prisoner transport companies

§ 13726c - Enforcement

§ 13741 - Ounce of Prevention Council

§ 13742 - Ounce of prevention grant program

§ 13743 - “Indian tribe” defined

§ 13744 - Authorization of appropriations

§ 13751 to 13758 - Repealed.

§ 13771 - Grant authorization

§ 13772 - Uses of funds

§ 13773 - Program requirements

§ 13774 - Applications

§ 13775 - Reports

§ 13776 - Definitions

§ 13777 - Authorization of appropriations

§ 13791 - Community schools youth services and supervision grant program

§ 13792 - Repealed.

§ 13793 - Authorization of appropriations

§ 13801, 13802 - Repealed.

§ 13811 - Grant authority

§ 13812 - Authorization of appropriations

§ 13821 - Purpose

§ 13822 - Provision of assistance

§ 13823 - Approval of applications

§ 13824 - Availability of lines of credit and use

§ 13825 - Limitations on use of funds

§ 13826 - Program priority for special emphasis programs

§ 13841 - Community development corporation improvement grants

§ 13842 - Emerging community development corporation revolving loan funds

§ 13851 - Definitions

§ 13852 - Authorization of appropriations

§ 13853 - Prohibition

§ 13861 - Grant authorization

§ 13862 - Use of funds

§ 13863 - Applications

§ 13864 - Allocation of funds; limitations on grants

§ 13865 - Award of grants

§ 13866 - Reports

§ 13867 - Authorization of appropriations

§ 13868 - Definitions

§ 13881 - Purpose

§ 13882 - Definitions

§ 13883 - Authorization of appropriations

§ 13891 - Authority to make grants

§ 13892 - Eligibility to receive grants

§ 13893 - Report

§ 13901 - Authority of Attorney General

§ 13902 - Requirements

§ 13911 - Prevention, diagnosis, and treatment of tuberculosis in correctional institutions

§ 13921 - Gang Resistance Education and Training projects

§ 13925 - Definitions and grant provisions

§ 13931 - Grants for capital improvements to prevent crime in public transportation

§ 13941 - Training programs

§ 13942 - Confidentiality of communications between sexual assault or domestic violence victims and their counselors

§ 13943 - Information programs

§ 13951 - Confidentiality of abused person’s address

§ 13961 - Research agenda

§ 13962 - State databases

§ 13963 - Number and cost of injuries

§ 13971 - Rural domestic violence, dating violence, sexual assault, stalking, and child abuse enforcement assistance

§ 13973 - Repealed.

§ 13975 - Transitional housing assistance grants for victims of domestic violence, dating violence, sexual assault, or stalking

§ 13981 - Civil rights

§ 13991 - Grants authorized

§ 13992 - Training provided by grants

§ 13993 - Cooperation in developing programs in making grants under this part

§ 13994 - Authorization of appropriations

§ 14001 - Authorization of circuit studies; education and training grants

§ 14002 - Authorization of appropriations

§ 14011 - Payment of cost of testing for sexually transmitted diseases

§ 14012 - National baseline study on campus sexual assault

§ 14013 - Report on battered women’s syndrome

§ 14014 - Report on confidentiality of addresses for victims of domestic violence

§ 14015 - Report on recordkeeping relating to domestic violence

§ 14016 - Enforcement of statutory rape laws

§ 14031 - Grant program

§ 14032 - Authorization of appropriations

§ 14033 - Application requirements

§ 14034 - Disbursement

§ 14035 - Technical assistance, training, and evaluations

§ 14036 - Training programs for judges

§ 14037 - Recommendations on intrastate communication

§ 14038 - Inclusion in National Incident-Based Reporting System

§ 14039 - Report to Congress

§ 14040 - Definitions

§ 14041 - Enhanced training and services to end abuse in later life

§ 14041a, 14041b - Omitted

§ 14041b

§ 14042 - Task force

§ 14043 to 14043a–3 - Repealed.

§ 14043a

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

§ 14043b - Grants to protect the privacy and confidentiality of victims of domestic violence, dating violence, sexual assault, and stalking

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

§ 14043c - Creating hope through outreach, options, services, and education for children and youth (“CHOOSE Children & Youth”)

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

§ 14043d - Findings

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

§ 14043e - Findings

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

42 U.S. Code § 13801, 13802 - Repealed.

§ 14043f - Grant for national resource center on workplace responses to assist victims of domestic and sexual violence

§ 14043g

§ 14044 - Prevention of domestic trafficking in persons

§ 14044a - Establishment of a grant program to develop, expand, and strengthen assistance programs for certain persons subject to trafficking

§ 14044b - Protection of juvenile victims of trafficking in persons

§ 14044c - Enhancing State and local efforts to combat trafficking in persons

§ 14044d - Senior Policy Operating Group

§ 14044e - Definitions

§ 14044f - Grants for law enforcement training programs

§ 14045 - Grants for outreach and services to underserved populations

§ 14045a - Enhancing culturally specific services for victims of domestic violence, dating violence, sexual assault, and stalking

§ 14045b - Grants to combat violent crimes on campuses

§ 14045c - Repealed.

§ 14045d - Consultation

§ 14051 - Increased penalties for drug-dealing in “drug-free” zones

§ 14052 - Enhanced penalties for illegal drug use in Federal prisons and for smuggling drugs into Federal prisons

§ 14053 - Violent crime and drug emergency areas

§ 14061 - Juvenile anti-drug and anti-gang grants in federally assisted low-income housing

§ 14062 - Gang investigation coordination and information collection

§ 14071 to 14073 - Repealed.

§ 14081 - Rural Crime and Drug Enforcement Task Forces

§ 14082 - Rural drug enforcement training

§ 14083 - More agents for Drug Enforcement Administration

§ 14091 - Purposes

§ 14092 - Definitions

§ 14093 - Establishment of Office of the Police Corps and Law Enforcement Education

§ 14094 - Designation of lead agency and submission of State plan

§ 14095 - Scholarship assistance

§ 14096 - Selection of participants

§ 14097 - Police Corps training

§ 14098 - Service obligation

§ 14099 - State plan requirements

§ 14100 - Repealed.

§ 14101 - Authorization of appropriations

§ 14102 - Repealed.

§ 14111 - Definitions

§ 14112 - Allotment

§ 14113 - Establishment of program

§ 14114 - Scholarships

§ 14115 - Eligibility

§ 14116 - State application

§ 14117 - Local application

§ 14118 - Scholarship agreement

§ 14119 - Authorization of appropriations

§ 14131 - Quality assurance and proficiency testing standards

§ 14132 - Index to facilitate law enforcement exchange of DNA identification information

§ 14133 - Federal Bureau of Investigation

§ 14134 - Authorization of appropriations

§ 14135 - The Debbie Smith DNA Backlog Grant Program

§ 14135a - Collection and use of DNA identification information from certain Federal offenders

§ 14135b - Collection and use of DNA identification information from certain District of Columbia offenders

§ 14135c - Conditions of release generally

§ 14135d - Authorization of appropriations

§ 14135e - Privacy protection standards

§ 14136 - DNA training and education for law enforcement, correctional personnel, and court officers

§ 14136a - Sexual assault forensic exam program grants

§ 14136b - DNA research and development

§ 14136c - National Forensic Science Commission

§ 14136d - DNA identification of missing persons

§ 14136e - Kirk Bloodsworth Post-Conviction DNA Testing Grant Program

§ 14141 - Cause of action

§ 14142 - Data on use of excessive force

§ 14151 - Repealed.

§ 14161 - Repealed.

§ 14163 - Capital representation improvement grants

§ 14163a - Capital prosecution improvement grants

§ 14163b - Applications

§ 14163c - State reports

§ 14163d - Evaluations by Inspector General and administrative remedies

§ 14163e - Authorization of appropriations

§ 14171 - Motor vehicle theft prevention program

§ 14181 - Missing Alzheimer’s Disease Patient Alert Program

§ 14191 - Presidential summit

§ 14192 - Establishment; committees and task forces; representation

§ 14193 - Purposes

§ 14194 - Responsibilities of Commission

§ 14195 - Administrative matters

§ 14196 - Staff and support services

§ 14197 - Powers

§ 14198 - Report; termination

§ 14199 - Authorization of appropriations

§ 14211 - Creation of Violent Crime Reduction Trust Fund

§ 14212 - Repealed.

§ 14213 - Extension of authorizations of appropriations for fiscal years for which full amount authorized is not appropriated

§ 14214 - Flexibility in making of appropriations

§ 14221 - Task force relating to introduction of nonindigenous species

§ 14222 - Coordination of substance abuse treatment and prevention programs

§ 14223 - Edward Byrne Memorial Formula Grant Program

Public Laws