[Federal Register Volume 73, Number 100 (Thursday, May 22, 2008)]
[Notices]
[Pages 29780-29781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11291]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of the Availability of the Record of Decision Concerning a 
Proposal To Award a Contract to House Federal Detainees Within a 
Contractor-Owned/Contractor-Operated Detention Facility in the Las 
Vegas, NV, Area

AGENCY: U.S. Department of Justice, Office of the Federal Detention 
Trustee.

ACTION: Notice of a Record of Decision.

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

SUMMARY: The U.S. Department of Justice, Office of the Federal 
Detention Trustee (OFDT) announces the availability of the Record of 
Decision (ROD) concerning the Final Environmental Impact Statement 
(EIS) for a proposal to award a contract to house federal detainees 
within a Contractor-Owned/Contractor-Operated detention facility in the 
Las Vegas, Nevada, area.

Background Information

    Pursuant to section 102, 42 U.S.C. 4332, of the National 
Environmental Policy Act (NEPA) of 1969, as amended and the Council of 
Environmental Quality Regulations (40 CFR Parts 1500-1508), the OFDT, 
together with the U.S. Marshals Service (USMS), prepared Draft and 
Final EISs concerning a proposal to award a contract to house federal 
detainees within a Contractor-Owned/Contractor-Operated detention 
facility in the Las Vegas, Nevada, area.

Project Information

    During the past two decades, the federal detainee population has 
experienced unprecedented growth as a result of expanded federal law 
enforcement initiatives and resources. During this time, the federal 
detainee population has increased by over 1,000 percent from 
approximately 3,000 in 1981 to 55,000 to 60,000 today with continued 
growth in the federal detainee population expected for the foreseeable 
future. These prisoners are housed in a combination of local, state, 
federal and private facilities around the country. The growth in the 
detainee population is occurring at the same time that available 
bedspace in local jails is decreasing. Local jail space is increasingly 
needed to house local offenders, leaving less space available for the 
contractual accommodation of federal detainees. These trends are 
expected to continue and present a major challenge for those federal 
agencies responsible for detaining prisoners.
    Housing the growing number of federal detainees within the Las 
Vegas, Nevada, area is considered to be an especially important 
priority. The high level of federal law enforcement activity in the 
western United States in general and the Las Vegas metropolitan area in 
particular requires more beds than are readily available in local or 
state facilities. Compounding the challenge faced by the USMS is the 
need for detention facilities to be located near federal courthouses so 
as to allow the USMS to transport detainees accused of violating 
federal laws for court appearances. In response to this need, the OFDT, 
with the support and assistance of the USMS, is seeking to contract for 
a Contractor-Owned/Contractor-Operated facility to house detained 
individuals charged with federal offenses and while awaiting trial or 
sentencing.
    In 2007, in response to the need, the OFDT solicited proposals from 
contractors interested in housing individuals charged with federal 
offenses and while awaiting trial or sentencing. At that time, 
preparation of a Draft EIS to analyze the potential environmental 
consequences of such an action was also undertaken. A Draft EIS was 
subsequently published on December 23, 2007 which assessed the 
environmental consequences associated with housing approximately 1,000 
to 1,500 federal detainees within a Contractor-Owned/Contractor-
Operated detention facility in the Las Vegas, Nevada, area. 
Implementation of the proposed action would allow federal detainees to 
be housed at a facility located in proximity to the United States 
Courthouse in Las Vegas while meeting the need for expanded bedspace 
capacity. Alternative actions have been evaluated, including the No 
Action alternative, as stipulated by the National Environmental Policy 
Act of 1969, as amended.
    Five prospective detention contractors initially offered 11 
alternative sites in Nevada and Arizona for development of a 
Contractor-Owned/Contractor-Operated detention facility with several of 
the alternative sites offered by more than one contractor. Ten of the 
11 sites were found to be located within a 75-mile radius of the United 
States Courthouse in downtown Las Vegas, Nevada. The 75-mile radius was 
among several minimum solicitation requirements and, hence, one of the 
11 sites, located near the City of Kingman in Mohave County, Arizona, 
was eliminated from further consideration. Prior to preparation of the 
Draft EIS, six of the 10 alternative sites located within the 75-mile 
radius were subsequently withdrawn from further consideration by the 
prospective contractors. Four sites (the 630 East Parque Avenue Site, 
the 2250 East Mesquite Avenue Site, the Apex Industrial Use Zone Site 
A, and the Moapa Site) were determined to be alternatives worthy of 
consideration and were evaluated in the Draft EIS. Following 
publication of the Draft EIS, the Apex Industrial Use Zone Site A was 
also withdrawn from further consideration to house federal detainees, 
leaving three prospective contractors and three alternative sites.
    The agency preferred alternative is to contract for provision of a 
Contractor-Owned/Contractor-Operated detention facility to house 
approximately 1,000 to 1,500 federal detainees at the 2250 East 
Mesquite Avenue Site located in Pahrump, Nevada. Implementation of the 
proposed action to award a contract to house federal detainees is 
expected to result in less-than-significant impacts to the project site 
and the community surrounding the selected site. Beneficial impacts 
would be derived from the proposed action, including contributions 
toward protecting society and achieving the goals of the U.S. 
Department of Justice.
    A Draft EIS was issued on December 23, 2007, coinciding with 
publication of the Notice of Availability (NOA) in the Federal Register 
(72 FR 72707). The NOA provided for a 45-day public comment period 
which began on December 23, 2007, and ended on

[[Page 29781]]

February 4, 2008. Along with publication in the Federal Register, 
written notice of the availability of the Draft EIS was also published 
in four local and regional newspapers (in English and Spanish) and over 
200 copies of the document were distributed to federal, state and local 
government agencies, elected officials, public libraries, interested 
organizations, and individuals. Public hearings concerning the proposed 
action and the Draft EIS were held during the public comment period on 
January 16, 2008, in Moapa, Nevada, and January 17, 2008, in Pahrump, 
Nevada, with approximately 60 individuals attending the two hearings.
    The Final EIS addressed comments received on the Draft EIS and 
publication of the NOA in the Federal Register concerning the Final EIS 
occurred on March 28, 2008 (73 FR 16672). The 30-day review period for 
receipt of public comments concerning the Final EIS ended on April 28, 
2008. Less than 60 comment letters were received during the Final EIS 
public review period. The comment letters received on the Final EIS are 
similar to comments received concerning the Draft EIS and were 
considered in the decision presented in the ROD.

Availability of the Record of Decision

    The ROD and other information regarding this project are available 
upon request by contacting: Scott P. Stermer, Assistant Federal 
Detention Trustee, Office of the Federal Detention Trustee, 4601 North 
Fairfax Drive, 9th Floor, Arlington, Virginia 22203; or Tel: 202-353-
4601/Fax: 202-353-4611/E-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Scott P. Stermer, Assistant Federal 
Detention Trustee.

    Dated: May 13, 2008.
Scott P. Stermer,
Assistant Federal Detention Trustee, Office of the Federal Detention 
Trustee.
[FR Doc. E8-11291 Filed 5-21-08; 8:45 am]
BILLING CODE 4410-HM-P