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

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).

-----------------------------------------------------------------------

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 1-800-658-1117, Facsimile

202-616-6024, e-mail: [email protected]

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