28 CFR 91.62 - Preparing an Environmental Assessment.

§ 91.62 Preparing an Environmental Assessment.
(a) In general. An Environmental Assessment (EA) is a concise public document that provides sufficient evidence and analysis for determining whether OJP should issue a Finding of No Significant Environmental Impact (FONSI) or prepare an Environmental Impact Statement (EIS). It is designed to help public officials make decisions that are based on an understanding of the human and physical environmental consequences of the proposed project and take actions, in the location and design of the project, that protect, restore and enhance the environment. Completing an EA requires considering all potential impacts associated with the construction of the correctional facility project, its operation and maintenance, any related projects including those off-site, and the attainment of the project's major objectives. The latter requires an analysis of the environmental impacts of any training and vocational activities to be conducted by the inmates.
(b) Project planning and site selection. During the planning phase of the project, OJP and the grantee jointly define the project, explore the various alternatives and identify a proposed site for the construction or renovation project. In order to identify possible environmental concerns and reduce the likelihood of later opposition to the project, the grantee should involve other interested parties at this stage through public meetings which allow affected or interested parties to learn about the need for the action, the scope of the proposed action, and any alternatives being considered. These public meetings should also provide interested parties an opportunity to express comments or concerns about potential consequences of the action. Additionally, minority and low-income populations as well as Indian tribes that may be affected by the proposal should be consulted at this early stage. The grantee should obtain their views on proposed sites and mitigation measures as an important step in meeting the environmental justice goals of Executive Order 12898.
(c) Draft environmental assessment. The grantee should prepare an EA after identifying the proposed site, but before reaching a final decision to proceed with the effort at that location. The grantee may prepare the EA or contract for the preparation of all or parts of the EA. In order to adequately assess all of the potential environmental impacts, a multi-disciplinary team must be used to perform the environmental analysis. Any state or local environmental impact review requirements should also be incorporated into the EA process. The amount of analysis and detail provided must be commensurate with the magnitude of the expected impact. At a minimum, an EA should include a brief discussion of the need for the proposal, the alternatives considered, the environmental impacts of the proposed action and alternatives considered, and a list of agencies and persons consulted. VOI/TIS grant funds may be used to pay the costs of preparing the environmental assessment.
(d) OJP's Review of the Draft EA. The Office of Justice Programs will review the EA for the following:
(1) Has the need for the proposed action been established?
(2) Have the relevant areas of environmental concern been identified?
(3) Have other agencies with an interest been consulted?
(4) Has the grantee provided opportunities for public involvement?
(5) Have reasonable alternatives and mitigation measures been considered and implemented where possible, including the costs and resources to operate the facility?
(6) Has a convincing case been made that the project as presently conceived will have only insignificant impacts on each of the identified areas of environmental concern?
(7) Has the grantee adequately documented compliance with other related federal environmental laws and regulations as well as similar state and local environmental impact review requirements.
(e) Draft Finding of No Significant Impact (FONSI) or determination that EIS is required. If the EA satisfies all the factors in OJP's seven-part review set forth in the previous paragraph, OJP will issue a draft FONSI. If OJP's review of the EA results in a response of “no” to any of the questions, except question 6, then the EA is incomplete and will be returned for further work. If the only “no” is in response to question 6, then OJP will issue a determination requiring an EIS for that particular project at that site. Given the cost and time required to complete an EIS, the grantee may wish to explore another alternative site at this point.
(f) Circulate EA and draft FONSI for public comment. The grantee must provide public notice of availability of a Finding of No Significant Impact. The notice must be timed so that interested agencies and the public have 30 days for review and comment on the draft EA.
(g) Review comments and modify plans, as appropriate. The grantee must review any public or agency comments received as a result of review of the EA and draft FONSI, and should modify its plans, if appropriate. Modification may include modifying the project to mitigate the environmental impact of the proposed project, or abandoning the proposed site and selecting an alternative that will have a less significant impact on the environment. The grantee must submit the comments, responses to these comments, and any revisions to the proposed plan to OJP for review. If the grantee recommends proceeding with the project in light of adverse comments on the environmental impact, the grantee must include the rationale for its recommendation.
(h) Final action on EA. Unless a significant environmental impact surfaces through the public comments or other means, OJP will issue the FONSI and authorize the grantee to begin the purchase of land, the bidding process, the development of final plans and specifications, and the construction work.

Title 28 published on 2014-07-01

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