[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Notices]
[Pages 8989-8990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3934]


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DEPARTMENT OF JUSTICE

Federal Bureau of Prisons


Availability of the Finding of No Significant Impact for the 
Criminal Alien Requirement VIII

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

ACTION: Notice; finding of no significant impact.

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SUMMARY: The U.S. Department of Justice, Federal Bureau of Prisons 
(BOP) announces the availability of the Finding of No Significant 
Impact (FONSI) concerning the Criminal Alien Requirement VIII (CAR 
VIII). The BOP is seeking flexibility in managing its current shortage 
of beds by contracting for those services with non-federal facilities 
to house federal inmates. This approach provides the BOP with 
flexibility to meet population capacity needs in a timely fashion, 
conform with federal law, and maintain fiscal responsibility, while 
successfully attaining the mission of the BOP. The BOP proposed to 
contract with a public and private corporation to house up to 3000 
federal, low-security, adult male inmates, that are primarily non-U.S. 
citizen, criminal aliens in existing Contractor-Owned/Contractor-
Operated facilities. The award would be granted to a responsible 
offeror whose offer is found to be most advantageous to the Government. 
One existing facility has been offered in response to the BOP's 
solicitation for services. The one response provided a total of 2,567 
beds. Environmental impacts of the facility were evaluated in a 
Environmental Assessment (EA). The EA evaluated the full effects of the 
available 2,567 inmate beds. Environmental impacts of this facility 
have been evaluated in an EA provided by the Offeror.

FOR FURTHER INFORMATION CONTACT: Richard A. Cohn, Chief, Capacity 
Planning and Site Selection Branch, Federal Bureau of Prisons, 320 
First Street, NW., Washington, DC 20534. Tel: 202-514-6470. Fax: 202-
616-6024. E-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Pursuant to Section 102(2)(c) of the National Environmental Policy 
Act (NEPA) of 1969 and the Council of Environmental Quality Regulations 
(40 CFR Parts 1500-1508), the EA prepared to contract with a public and 
private corporation to house approximately 2,500 Federal, low-security, 
adult male inmates, non-U.S. citizen, that are primarily criminal 
aliens in existing Contractor-Owned/Contractor-Operated facility. One 
existing facility, has been offered in response to the BOP's 
solicitation for services. The one response provided a total of 2,567 
beds. The EA was published on January 14, 2009, for a 30-day comment 
period and prepared pursuant to NEPA.

Project Information

    The BOP is responsible for carrying out judgements of the Federal 
courts whenever a period of confinement is ordered.
    Subsequently, the mission of the BOP is to protect society by 
confining offenders in the controlled environments of prisons 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. 
Approximately 163,200 inmates are currently housed within the 114 
federal correctional institutions that have levels of security ranging 
from minimum to maximum; a number exceeding the combined rated 
capacities of all federal correctional facilities. Measures being taken 
to manage the growth of the federal inmate population include 
construction of new institutions, acquisition and adaptation of 
facilities originally intended for other purposes, expansion and 
improvement of existing correctional facilities, and expanded use of 
contract beds. Adding capacity through these various means allows the 
BOP to work toward the long-term goal of reduced system-wide 
overcrowding.

Alternatives Considered

    The No Action alternative is defined as a decision not to proceed 
with the proposed action to award a contract to house the described 
population. Instead, the BOP would continue the current and long-
standing arrangement whereby low-security, adult male, criminal alien 
inmate populations are housed in facilities owned and operated by the 
BOP as well as with State, local, and private residential reentry 
centers and in alternative confinement. Adoption of the No Action 
alternative would avoid the potential impacts associated with use of a 
Contractor-Owned/Contractor-Operated correctional facility to house low 
security, Federal inmates.
    Under the No Action alternative, the beneficial impacts on local 
and regional economies resulting from operational budget expenditures 
at potentially vacant or underutilized correctional facility would not 
occur. Under the No Action alternative, no job growth would be 
experienced in Adams County, Mississippi. The No Action alternative 
does not meet the purpose and need of the BOP's Action alternative and 
would not address the demand for additional capacity to house the 
increasing federal inmate population. One location was evaluated in the 
EA. This facility could be awarded a number of inmates up to its 
capacity; potential impacts at this facility were evaluated based upon 
its maximum possible capacity. The facility and respective inmate 
populations evaluated were:
    [ssbox] Corrections Corporation of America, located in Adams 
County, Mississippi, evaluated for its maximum capacity under this 
action to provide 2,567 beds.
    The impacts of the Action alternative on the environment were 
considered in an EA published on January 14, 2009 and prepared pursuant 
to NEPA. The EA evaluated the full effects of the potentially available 
2,567 inmate beds. Review of the EA has led to a FONSI, as that phrase 
is defined pursuant to NEPA. The Action alternative would result in 
negligible impacts to public services of host communities. There would 
be no significant adverse impacts

[[Page 8990]]

to surrounding land uses, utility systems, traffic patterns or other 
community considerations. No significant adverse on-site impacts as 
defined pursuant to NEPA are anticipated as a result of the Action 
alternative. After review of the comments received from interested 
agencies and local citizens concerning the EA, the BOP signed a FONSI 
for the Action alternative.

Notice of Availability

    BOP provided written notices of the availability of the EA in the 
local newspaper for 4-days with local and regional circulations, and 
through the local public library. The BOP also distributed 
approximately 50 copies (each) of the EA to Federal and State agencies, 
State and local governments, elected officials, interested 
organizations, and individuals.

Availability of the Finding of No Significant Impact

    The FONSI and other information regarding this project are 
available upon request. To request a copy of the FONSI, please contact: 
Richard A. Cohn, Chief, Capacity Planning and Site Selection Branch or 
Issac J. Gaston, Site Selection Specialist, Capacity Planning and Site 
Selection Branch, Federal Bureau of Prisons, 320 First Street, NW., 
Washington, DC 20534 Tel: 202-514-6470/Fax: 202-616-6024/E-mail: 
[email protected][email protected].

    Dated: February 18, 2009.
Richard A. Cohn,
Chief, Capacity Planning and Site Selection Branch.
 [FR Doc. E9-3934 Filed 2-26-09; 8:45 am]
BILLING CODE 4410-05-P