[Federal Register Volume 65, Number 93 (Friday, May 12, 2000)]
[Notices]
[Page 30622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11789]


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DEPARTMENT OF JUSTICE

Bureau of Prisons


Notice of Cancellation of the Programmatic Environmental Impact 
Statement for Housing the Criminal Alien Population in Non-Federal Low-
Security Correctional Facilities

AGENCY: U.S. Department of Justice Bureau of Prisons.

ACTION: Notice of cancellation of the programmatic environmental impact 
statement.

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SUMMARY:  

Proposed Action

    The mission of the 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 provide 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 or repatriation to 
their country of origination. The Bureau accomplishes its mission 
through the appropriate use of community correction, detention, and 
correctional facilities that are either: Federally-owned and operated; 
Federally-owned and non-Federally operated; and non-Federally owned and 
operated.
    The Bureau is facing a period of unprecedented growth in its inmate 
population. Projections show the federal inmate population increasing 
from approximately 120,000 inmates to 205,000 inmates by 2007. As such, 
the demand for bed space within the federal prison system will continue 
to grow at a significant rate. A portion of this growth is the 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.
    Over the past several years, the Bureau has sought flexibility in 
managing the 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, comport 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 correctional facilities.
    To ensure compliance with the National Environmental Policy Act of 
1969, 42 U.S.C. 4321 (NEPA) as amended, the Bureau initiated 
preparation of a Draft Programmatic Environmental Impact Statement in 
April 1999. The Draft Programmatic Environmental Impact Statement was 
intended to identify and analyze potential impacts to the natural and 
manmade environments resulting from use of non-federal correctional 
facilities to house the criminal alien population. Topics to be studied 
as part of the Draft Programmatic Environmental Impact Statement 
include: 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. As part of that effort, the Bureau hosted 
Scoping Meetings to afford the public, regulatory agency 
representatives, and elected officials an opportunity to learn about 
and voice their interests and concerns regarding the use of private 
contract correctional facilities and the Draft Programmatic EIS effort. 
The Scoping Meetings were held on April 29, 1999 Philadelphia, 
Pennsylvania; May 4, 1999 in Dallas, Texas; and May 6, 1999 in San 
Diego, California and were attended by interested members of the 
public.
    While preparing the Draft Programmatic EIS, the Bureau reviewed its 
environmental compliance policies and procedures for the CAR program 
and has decided to pursue alternative arrangements for complying with 
NEPA. More specifically, the Bureau determined that evaluating the 
development of Federal and contract correctional facilities was best 
performed on a case-by-case basis. An individualized approach to 
project evaluation carries with it the advantages of site-specific 
evaluations, greater public participation, and tailored mitigation 
plans. As a result, the Bureau has decided to cancel the Programmatic 
EIS and instead concentrate its efforts and resources at preparing 
individual, site-specific Environmental Impact Statements for 
facilities proposed to house the criminal alien population.

ADDRESSES: Questions concerning this matter may be directed to: David 
J. Dorworth, Chief, Site Selection and Environmental Review Branch, 
U.S. Department of Justice, Federal Bureau of Prisons, 320 First 
Street, N.W., Washington, D.C. 20534, Telephone: 202-514-6470, 
Facsimile: 202-616-6024, e-mail: [email protected].

    Dated: May 5, 2000.
David J. Dorworth,
Chief, Site Selection & Environmental Review Branch.
[FR Doc. 00-11789 Filed 5-11-00; 8:45 am]
BILLING CODE 4410-05-P