[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: 28CFR91.66]

[Page 405-406]
 
                    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. 91.66  Public participation.

    Environmental impact documents are public documents and the public 
should be provided an opportunity to review and comment on them.
    (a) Early project planning stages. During the early planning stages 
of a project, the grantee should make reasonable efforts to meet with 
the affected public and other interested parties in order to obtain 
their views and any concerns regarding the potential environmental 
impacts of the proposed project.
    (b) Environmental assessment process. (1) Newspaper notice. At a 
minimum, the grantee must provide public notice of the availability of 
the draft EA and draft Finding of No Significant Impact (FONSI) for 
review and comment. The grantee must publish this notice in the non-
legal section of at least two consecutive editions of the newspaper of 
general circulation in the affected community or area. The notice must:
    (i) Explain how and where a copy of the assessment can be accessed 
or obtained for review;
    (ii) Include a request for comments; and
    (iii) Provide at least a thirty-day comment period that begins from 
the date of the last published notice.
    (2) Post Office notice. If the project area is not served by a 
regularly published local or area-wide newspaper, the notice described 
in paragraph (b)(1) of this section must be prominently displayed at the 
local post office.
    (3) Site notice. The grantee must send a copy of the notice to 
owners and occupants of properties that are nearby or directly affected 
by the proposed project. Additionally, the grantee must place or post 
the notice on the site of the proposed project.
    (4) Distribution of the draft EA. At the same time that the grantee 
provides

[[Page 406]]

the public notice of the availability of the EA for review and comment, 
the grantee must mail a copy of the draft EA and FONSI to any 
individuals and groups that have expressed an interest in the planned 
project to either the grantee or OJP and also to appropriate local, 
state, and Federal agencies. OJP will advise the grantee of the 
identities of any parties who have directly requested project 
information from OJP.
    (5) Public information meeting. A public information meeting is not 
required for each environmental assessment. Rather, OJP will decide if a 
public meeting would be helpful in those cases in which the public 
comments either reflect a serious misunderstanding of the proposed 
project and its potential environmental impacts or raise substantial 
questions or issues concerning the content of the draft EA. If OJP 
determines that a meeting is necessary, the grantee must schedule and 
hold a public meeting. An OJP representative will attend.
    (c) EIS process. (1) Scoping meeting. As one of the first steps in 
the preparation of a draft EIS, OJP and the grantee will sponsor a 
public meeting in the area(s) that would be affected by the proposed 
project and the alternative sites under consideration. This meeting is 
referred to as a scoping meeting and is intended to identify the 
proposed project's environmental impacts that are:
    (i) Of most concern to the affected public and local, state, and 
federal agencies and
    (ii) Of least concern to the affected public and agencies.
    (2) Review and comment process for draft EIS. OJP's procedures 
require the grantee to obtain the public's comments on the draft EIS by:
    (i) Publishing a notice of availability of the draft EIS in the 
newspaper(s) serving the area(s) that would be impacted by the proposed 
project and the alternatives sites;
    (ii) Distributing copies of the draft EIS to all interested 
agencies, organizations, and individuals for their review and comment;
    (iii) Holding near the site of the proposed project a public 
information meeting in order to obtain the comments of the attendees; 
and
    (iv) Allowing, at a minimum, a forty-five day review and comment 
period for the draft EIS. Grantees should refer to OJP's Guidance 
Handbook for further information on how to conduct these public review 
and comment procedures.
    (3) Distribution of final EIS. Any interested person or group can 
request a copy of the final EIS and will be provided a copy.

                Other State and Federal Law Requirements