[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR91.54]

[Page 398-399]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 91--GRANTS FOR CORRECTIONAL FACILITIES--Table of Contents
 
  Subpart D--Environmental Impact Review Procedures for VOI/TIS Grant 
                                 Program
 
Sec. 91.54  Applicability.

    (a) Major Federal action. NEPA's requirements apply to any proposal 
for

[[Page 399]]

legislation or other major federal action that might significantly 
impact the quality of the human environment. The CEQ regulations in 40 
CFR 1508.18 define ``major federal actions'' as actions with effects 
that may be major and which are potentially subject to Federal control 
and responsibility. The CEQ regulations categorize ``major federal 
actions'' as, among other things, the ``[a]pproval of specific projects, 
such as construction or management activities located in a defined 
geographic area. Projects include actions approved by permit or other 
regulatory decision as well as Federal and Federally assisted 
activities.'' (40 CFR 1508.18(b)(4)).
    (b) VOI/TIS construction grants subject to NEPA. This subpart 
applies to all proposed, new and partially completed VOI/TIS projects 
(including projects on tribal lands) initiated by state or local units 
of government with grant funding from OJP that involve construction, 
expansion, renovation, facility planning, site selection, site 
preparation, security or facility upgrades or other activities that may 
significantly impact the environment.
    (c) Projects. Although VOI/TIS money cannot be used for a project's 
operations expenses, the definition of ``project'' or ``proposal'' for 
NEPA review purposes is defined as both the construction and the long-
term operation of correctional facilities and related components such as 
all off-site projects to accommodate the needs of the correctional 
facilities project (e.g., road and utility construction or expansion, 
projects offered to the affected community as an incentive to accept the 
correctional facility construction or expansion, and other reasonably 
foreseeable future actions regardless of what agency or third party 
undertakes such action). Reasonably foreseeable actions include future 
prison construction phases, especially when either current acreage 
requirements or design capacities for utilities are based on needs 
stemming from future phases.