[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: 28CFR91.58]

[Page 400-401]
 
                    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. 91.58  Timing of the environmental review process.

    (a) Initial planning and site selection phase. The NEPA procedures 
must be initiated as part of the planning and

[[Page 401]]

site selection phase of all new construction, expansion, and renovation 
projects and completed before the construction or renovation on the 
project can begin.
    (b) Early consultation with OJP. As grantees identify proposed, new 
projects, the grantees must inform OJP and after consulting OJP's 
Program Guidance on Environmental Protection Requirements, must 
recommend to OJP whether:
    (1) The proposed project meets the criteria of a categorical 
exclusion;
    (2) An environmental assessment should be initiated;
    (3) Because of the project size and/or anticipated environmental 
impacts, an environmental impact statement should be initiated.
    (c) Design phase. Projects currently in the planning and design 
phase must complete the NEPA procedures and no further decisions or new 
commitments of resources can be made on these projects by the State or 
local entity that would either have an adverse impact on the environment 
or limit the choice of reasonable alternative sites.
    (d) Prohibited pre-analysis activities. None of the following 
actions can be taken until the NEPA analysis is completed for the 
affected project:
    (1) Starting construction;
    (2) Accepting construction bids;
    (3) Advertising for construction bids;
    (4) Initiating the development of or approving final plans and 
specifications; or
    (5) Purchasing property.
    (e) Ongoing or completed construction projects. For grant-funded 
projects under construction, OJP will work with the States to determine 
what environmental analysis has been done, making every effort to limit 
disruption to projects under construction. For completed grant-funded 
projects, OJP will work with the States to determine whether those 
projects may pose continuing environmental problems. For example, NEPA 
issues may exist due to excessive noise, light pollution, excessive 
water consumption or draw down on an important stream, or adverse visual 
impact due to an inappropriate facade color in an environmentally scenic 
area. Consequently, performing an analysis for those VOI/TIS VOI/TIS 
projects for which construction is completed may still serve the useful 
purpose of determining the extent of a project's continuing adverse 
environmental impacts, and the feasibility of mitigation measures.
    (f) Avoiding duplication of efforts. If an EA or EIS was completed 
on an original structure, any environmental research that was conducted 
at the time the original structure was being planned and is still 
relevant need not be duplicated in any required environmental impact 
analysis for proposed modifications or additions to that structure.