28 CFR 91.63 - Preparing an Environmental Impact Statement

§ 91.63 Preparing an Environmental Impact Statement
(a) Initial determination. OJP will determine whether a proposed project may have a significant impact on the quality of the human environment, thereby requiring the preparation of an environmental impact statement (EIS). This determination will be made either:
(1) On the basis of an environmental assessment (EA) prepared for the proposed project or
(2) Without the preparation of an EA, but based on the extensive size of the proposed facility and the resulting variety of environmental impacts, the sensitive environmental nature of the proposed site, and/or the existence of highly controversial environmental impacts.
(b) CEQ regulations. The CEQ regulations in 40 CFR parts 1500 through 1508 govern the preparation of the EIS. The Corrections Program Office's Handbook on Environmental Protection Requirements offers further guidance.
(c) EIS preparation team.
(1) Once OJP determines that an EIS is needed, the grantee shall notify OJP in writing about the contracting method that the grantee will use to complete the EIS. The grantee shall establish an EIS preparation team or entity that meets the requirements for an interdisciplinary approach. The team must not have any interest, financial or otherwise, in the outcome of the proposed projected or any related projects.
(2) If the grantee decides to use an alternate method to contracting out for preparation of the EIS (such as using a team of experts from various state agencies or a university), the grantee must submit a written proposal to OJP demonstrating that the team has the necessary interdisciplinary skills and experience in preparing EISs for similar projects. The proposal must include a completion schedule demonstrating that the alternate method will not result in significant delay. The proposal must also document that all members of the team, other than the grantee's employees, do not have any interest, financial or otherwise, in the outcome of the proposed project or any related projects.
(3) The grantee must use an OJP-approved statement of work (SOW) in conducting the EIS.
(4) Any consultant or contractor hired by OJP or the grantee to prepare an EIS must execute a disclosure statement specifying that it has no financial or other interest in the outcome of the project or any related projects.
(d) Notice of intent. OJP will publish a notice in the Federal Register to announce its intent to prepare the EIS. The grantee shall be responsible for drafting this notice. This notice must state the date, time and place of the scoping meeting and briefly describe the purpose of the meeting. The grantee should schedule the meeting at least 30 days from the date that the grantee submits the draft Federal Register notice to OJP.
(e) Scoping. The scoping process shall be conducted in accordance with 40 CFR 1501.7 of the CEQ regulations. The purpose of scoping is to identify and consult with affected federal, state and local agencies, Indian tribes, interested organizations and persons, including minority and low-income populations. The grantee and OPD shall conduct two distinct scoping meetings to assist in identifying both major and less important issues for the draft EIS. At the end of the scoping process, a brief report will be prepared summarizing the results, listing the participants, and attaching the meeting minutes.
(f) Draft EIS. The grantee and OJP will prepare the draft EIS in accordance with the requirements of the CEQ regulations in 40 CFR parts 1500 through 1508. The draft EIS must represent the best analysis reasonably possible. The grantee must submit the draft EIS to OJP and any cooperating agencies for internal review and comment. The revised draft must be submitted to OJP and any cooperating agency for approval.
(g) Public comment. The grantee, with OJP approval, must establish a distribution list and must mail the draft EIS to those parties. OJP will then submit the approved draft EIS to the Environmental Protection Agency (EPA) and will request EPA to publish a notice of the availability of the draft in the Federal Register. The grantee must publish a similar notice in a newspaper of general circulation in the area of the proposed action. Additionally, the grantee and OJP shall conduct a public information meeting to answer questions and receive comments on the draft EIS.
(h) Final EIS. The grantee and OJP will prepare the final EIS, including a copy of all comments on the draft and a summary of the public information meeting. The grantee shall submit the final EIS to OJP and any cooperating agencies for internal review. The grantee and OJP will circulate the final EIS to all parties on the distribution list, to any agency or person that requests a copy, and to EPA for publication in the Federal Register. The grantee must also announce the availability of the final EIS locally.
(i) Record of decision. When the waiting period for circulation of the final EIS expires, OJP shall prepare the record of decision in accordance with 40 CFR 1505.2 of the CEQ regulations and in consultation with the grantee. This record of decision shall determine the allowable uses of the grantee's VOI/TIS fund with respect to the proposed action or its alternatives.
(j) Final action on EIS. In proceeding with the proposed action, the grantee must implement any mitigation measures or other conditions established in the Record of Decision. As part of any mitigation, the grantee must report back to OJP on the status of implementing the mitigation.

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