[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: 28CFR91.55]

[Page 399-400]
 
                    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. 91.55  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;

[[Page 400]]

    (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.