99-10337. Notice of Intent To Prepare a Draft Environmental Impact Statement (DEIS) for Housing Criminal Alien Population in Non-Federal Low-Security Correctional Facilities

[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Notices]
[Pages 20021-20022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10337]


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DEPARTMENT OF JUSTICE

Bureau of Prisons


Notice of Intent To Prepare a Draft Environmental Impact 
Statement (DEIS) for Housing Criminal Alien Population in Non-Federal 
Low-Security Correctional Facilities

AGENCY: Bureau of Prisons, Department of Justice.

ACTION: Notice of intent to prepare a Draft Environmental Impact 
Statement (DEIS).

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SUMMARY:
    Proposed Action: The mission of the U.S. Department of Justice, 
Federal Bureau of Prisons (Bureau) is to protect society by confining 
offenders in the controlled environments of prison and community-based 
facilities that are safe, humane, cost efficient, and appropriately 
secure, and that provides work and other self-improvement opportunities 
to assist offenders in becoming law-abiding citizens. In addition, the 
Bureau supports the U.S. Marshals Service in its efforts to house the 
growing number of unsentenced federal detainees, and the Immigration 
and Naturalization Service in the rapidly increasing requirements for 
the detention of sentenced and unsentenced aliens awaiting hearings 
and/or release

[[Page 20022]]

or repatriation to their countries of origin. The Bureau accomplishes 
its mission through the appropriate use of community correction, 
detention, and correctional facilities that are either:

Federally owned and operated;
Federal owned and non-federally operated; and
Non-federally owned and operated.

    Historically, the Bureau evaluated the establishment and operation 
of both federal and contract correctional facilities under the National 
Environmental Policy Act of 1969, 42 U.S.C. 4321 (NEPA) on a case-by-
case basis. This individualized approach to project evaluation carries 
with it the advantages of site-specific evaluation, significant public 
participation, and tailored mitigation plans. However, it is the 
Bureau's experience that the evaluation of low-security institutions 
has many common issues that must be separately addressed for each new 
project. The cost, time, and effort expended in examining these common 
issues are magnified and can become impractical in the context of 
awarding contracts for the operation and/or construction of non-federal 
low security facilities. Therefore, the Bureau proposes to establish 
national procedures in accordance with NEPA for the award and 
monitoring of contracts for low-security non-federally owned and 
operated detention and prison facilities.
    In recent years, the Bureau has faced unprecedented growth in its 
inmate population. It is projected that this growth will accelerate as 
a result of programs implemented by the Immigration and Naturalization 
service regarding sentenced and unsentenced aliens. Correctional 
institutions at the low-security level will be impacted immediately 
because sentenced and unsentenced aliens are typically housed at the 
low-security level. Due to the current shortage of beds, especially at 
the low-security level, the Bureau has been forced to manage its 
population by designating minimum and medium-security level 
institutions as low-security institutions, which, in turn, creates a 
domino effect for all other security levels. The projected population 
of sentenced and unsentenced aliens will only exacerbate these 
population pressures.
    As a result, the Bureau is seeking flexibility in managing its 
current shortage of beds in the low-security level as well as the 
anticipated sharp and/or short-term increases at this security level. 
Such management flexibility would have to meet population capacity 
needs in a timely fashion, conform with federal law, and maintain 
fiscal responsibility, all while successfully attaining the mission of 
the Bureau. Management flexibility includes the appropriate contracting 
of non-federal facilities. In order to do so, the Bureau over the next 
several months, will be preparing one or more Request for Proposals to 
be sent to prospective contractors requesting proposals to house in 
private contract facilities low-security adult non-U.S. citizen males 
with 60 months or less remaining on their sentences.
    To ensure compliance with NEPA, the Bureau is undertaking 
preparation of a Draft Programmatic Environmental Impact Statement 
(DPEIS) to determine the potential impacts of this proposal. Topics to 
be studied as part of the DPEIS includes, but are not limited to: 
topography, geology/soils, hydrology, biological resources, utility 
services, transportation services, cultural resources, land uses, 
social and economic factors, hazardous materials, air and noise 
quality, among others.
    Alternatives: In developing the DPEIS, the options of ``no 
action,'' ``alternative housing arrangements,'' and ``preferred 
alternative'' will be fully and thoroughly examined.
    Scoping Process: During preparation of the DPEIS, there will be 
numerous opportunities for public involvement. Towards that end, the 
Bureau will host Scoping Meetings to which all interested persons are 
invited to attend. The purpose of the Scoping Meetings is to afford the 
public, regulatory agency representatives, and elected officials an 
opportunity to learn about and voice their interests and concerns 
regarding the privatization mandate. The Scoping Meetings are being 
held to provide for timely public comments and understanding of federal 
plans and programs with possible environmental consequences as required 
by NEPA. The Scoping Meetings will be held:

7:00 p.m., Thursday, April 29, 1999, at the Solis Cohen Auditorium 
of Thomas Jefferson University, 1020 Locust Avenue, Jefferson Alumni 
Hall, 1020 Locust Avenue, Philadelphia, Pennsylvania
7:00 p.m., Tuesday, May 4, 1999, at the Hall of State Auditorium at 
Fair Park, 3939 Grand Avenue, Dallas, Texas
7:00 p.m. Thursday, May 6, 1999, at the Marina Village Conference 
Center Captain's Room, 1936 Quivira Way, San Diego, California

    Inquiries or written comments may also be directed to the Bureau 
through June 1, 1999.
    Draft Programmatic EIS Preparation: Public notice will be provided 
concerning the availability of the Draft Programmatic EIS for public 
review and comment.

Addresses: Questions concerning the proposed action and the DPEIS can 
be answered by: David J. Dorworth, Chief, Site Selection and 
Environmental Review Branch, Federal Bureau of Prisons, 320 First 
Street NW., Washington, D.C. 20534, Telephone [phone], Facsimile 
202-616-6024, e-mail: [e-mail]

    Dated: April 19, 1999.
David J. Dorworth,
Chief, Site Selection and Environmental Review Branch.
[FR Doc. 99-10337 Filed 4-22-99; 8:45 am]
BILLING CODE 4410-05-U