[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Notices]
[Pages 66754-66755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27728]


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 DEPARTMENT OF JUSTICE


Federal Bureau of Prisons

Notice of Availability of the Record of Decision for Proposed 
Contract Award to House Federal, Low-Security Criminal Aliens 
Within a Contractor-Owned and Operated Correctional Facility

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

ACTION: Notice of a Record of Decision.

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SUMMARY: The U.S. Department of Justice, Federal Bureau of Prisons 
(BOP) announces the availability of the Record of Decision (ROD) 
concerning the proposed award of a contract to house approximately 
1,750 (+/- 30 percent) Federal, low-security, adult male, non-U.S. 
citizen, criminal aliens, with 90 months or less remaining to serve on 
their sentences, within a contractor-owned and operated correctional 
facility.

Background Information

    Pursuant to Section 102(2)(c) of the National Environmental Policy 
Act of 1969 and the Council of Environmental Quality Regulations (40 
CFR parts 1500-1508), the BOP has prepared Draft and Final 
Environmental Impact Statements (EISs) for the proposed award of a 
contract to house Federal, non-U.S. citizen, criminal aliens within a 
contractor-owned and operated correctional facility.

Project Information

    The Federal Bureau of Prisons (BOP) faces continued growth in its 
inmate population resulting from on-going Federal law enforcement 
programs. Over the period encompassing Fiscal Year (FY) 2010 through FY 
2015, the BOP anticipates the total Federal inmate population to 
increase from approximately 210,227 to 239,344. Of the approximately 
29,000 inmates to be added to the Federal prison system during this 
time, the BOP is projecting approximately 8,000 to be low-security 
inmates. In housing these and other inmates, the BOP relies upon 
community-correction, detention and correctional facilities that are 
either federally-owned and operated (i.e., BOP facilities); federally-
owned and non-federally operated; or non-federally owned and operated 
(i.e., contractor facilities).
    Presently, the BOP is responsible for housing approximately 27,000 
low-security criminal aliens and due to limitations on bedspace within 
BOP-operated Federal Correctional Institutions (FCI), approximately 
25,000 such inmates are housed in contractor-owned and operated 
facilities. The projected number of sentenced criminal aliens and 
continued limitations on capacity within the BOP's low-security FCIs 
will ensure further reliance upon contractor-owned and operated 
correctional facilities to house a large portion of this inmate 
population. The BOP contracts with such operators to house and service 
a portion of the criminal alien population. Periodically, such 
contracts expire, and as long as needs persist, they are re-competed in 
accordance with BOP procedures and Federal Acquisition Regulations. One 
such contract, scheduled to expire in 2012, involves approximately 
1,750 low-security criminal aliens currently housed at the McRae 
Correctional Center located in McRae, Georgia.
    In order to ensure that the criminal alien population currently 
incarcerated at the McRae Correctional Center continues to be properly 
housed and supervised in a contractor-owned and operated facility, the 
BOP undertook a nationwide procurement. Under the Criminal Alien 
Requirement 12 procurement (RFP-PCC-0017), the BOP solicited proposals 
to house approximately 1,750 (+/- 30 percent) Federal, low-security, 
adult male, non-U.S. citizen, criminal aliens, with 90 months or less 
remaining to serve on their sentences, within a contractor-owned and 
operated correctional facility. The BOP's procurement solicitation 
stated that the requirement would be fulfilled through a single award.
    The BOP requires flexibility in managing the shortage of beds at 
the low-security level as well as the anticipated future increases at 
this security level. Such management flexibility, involving the use of 
privately-owned and operated facilities, would help to meet population 
capacity needs in a timely fashion, conform to Federal law, and 
maintain fiscal responsibility while successfully meeting the mission 
of the BOP. That mission 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.
    The BOP issued a Draft EIS in June 2011 with publication of the 
Notice of Availability (NOA) in the Federal Register on June 24, 2011. 
The NOA provided a start date for the 45-day public comment period 
beginning on June 24, 2011, and ending on August 8, 2011. During the 
public comment period, public hearings concerning the proposed action 
and the Draft EIS were held on July 7, 2011 in Scott County, 
Mississippi; July 13, 2011 in McRae, Georgia; and August 4, 2011 in 
Hinton, Oklahoma.
    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 September 9, 2011. The

[[Page 66755]]

30-day review period for receipt of public comments concerning the 
Final EIS ended on October 11, 2011, during which time comment letters 
and similar forms of communication were received by the BOP. Comments 
received by the BOP concerning the Final EIS were similar to those 
comments received by the BOP concerning the Draft EIS and all such 
comments were considered in the decision presented in the ROD.
    BOP provided written notices of the availability of the Draft EIS 
and Final EIS in the Federal Register, three newspapers with local and 
regional circulations, and through three local public libraries. The 
BOP also distributed approximately 170 copies (each) of the Draft EIS 
and Final EIS to Federal agencies, state and local governments, elected 
officials, interested organizations and individuals.
    The BOP evaluated alternatives as part of the EIS including the No 
Action Alternative; implementation of the proposed action in Hinton, 
Oklahoma involving use of the Great Plains Correctional Facility; in 
McRae, Georgia involving use of the existing or an expanded McRae 
Correctional Center; and implementation of the proposed action in Scott 
County, Mississippi involving development of a new contractor-owned and 
operated correctional facility to house the Federal inmate population. 
Each of the alternatives in Hinton, Oklahoma; McRae, Georgia; and Scott 
County, Mississippi were examined in detail in the Draft and Final EISs 
with contract award to the McRae Correctional Center in McRae, Georgia 
considered to be the Preferred Alternative.

Availability of Record of Decision

    The Record of Decision and other information regarding this 
undertaking are available upon request. To request a copy of the Record 
of Decision, please contact: Richard A. Cohn, Chief, 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].

FOR FURTHER INFORMATION CONTACT: Richard A. Cohn, Federal Bureau of 
Prisons.

    Dated: October 19, 2011.
Richard A. Cohn,
Chief, Capacity Planning and Site Selection Branch.
[FR Doc. 2011-27728 Filed 10-26-11; 8:45 am]
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