[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: 28CFR91.59]

[Page 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. 91.59  OJP's responsibilities.

    (a) In general. All NEPA decisions such as determining the adequacy 
of assessments, the need for environmental impact statements, and their 
adequacy must, by statute, remain with OJP. Therefore, OJP, as the 
Federal agency sponsoring the major federal action, shall determine if a 
proposed project qualifies for a categorical exclusion, if a finding of 
no significant impact can be issued based on the EA, or if an EIS will 
be required.
    (b) Specific duties. As part of its role in the NEPA process, OJP 
shall:
    (1) Issue guidance on the preparation of environmental documents and 
the NEPA process.
    (2) Review all draft documents.
    (3) Participate in giving notice to state and federal agencies, as 
well as to the public, and attend public meetings with the grantee, as 
appropriate.
    (4) Identify and solicit appropriate state, local, and tribal 
agencies to be a cooperating or joint lead agency, as appropriate.
    (5) Prepare a written assessment of any environmental impacts that 
another state or federal land management or environmental protection 
agency believes have not been adequately addressed through the NEPA 
process.
    (6) Monitor implementation by the states to ensure the completion of 
any required mitigation measures.
    (7) Develop a sample Statement of Work for preparing an EIS that 
States employing their own contractor can use to ensure that the 
services provided meet the requirements.

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