[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Notices]
[Pages 39212-39213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14216]


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DEPARTMENT OF JUSTICE

Federal Bureau of Prisons


Notice of Intent To Prepare a Draft Supplemental Final 
Environmental Impact Statement

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

ACTION: Notice of Intent to Prepare a Draft Supplemental Final 
Environmental Impact Statement.

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SUMMARY: Notice of Intent to Prepare a Draft Supplemental Final 
Environmental Impact Statement (DSFEIS) for development of a new 
Federal Correctional Institution (FCI) and Federal Prison Camp (FPC) by 
the U.S. Department of Justice, Federal Bureau of Prisons. Under 
consideration for development are vacant areas of the property 
comprising the United States Penitentiary (USP) in Leavenworth, Kansas.

FOR FURTHER INFORMATION CONTACT: Questions concerning the proposed 
action and the DSFEIS may be directed to Kimberly S. Hudson, COR, Site 
Selection Specialist, Construction and Environmental Review Branch, 
Federal Bureau of Prisons, 320 First Street NW, Room 901-5, Washington, 
DC 20534, Telephone: 202-616-2574/Facsimile: 202-260-0702/Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Federal Bureau of Prisons (BOP) is responsible for carrying out 
judgments of the federal courts whenever a period of confinement is 
ordered. Its 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.
    Pursuant to Section 102, 42 U.S.C. 4332, of the National 
Environmental Policy Act (NEPA) of 1969, as amended and the Council on 
Environmental Quality Regulations (40 CFR parts 1500-1508), a Notice of 
Intent to Prepare a

[[Page 39213]]

Draft Environmental Impact Statement (DEIS) for development of a new 
FCI and FPC was published in the Federal Register on December 29, 2010, 
(Volume 75, Number 249). Following publication of the DEIS on November 
18, 2011, a public hearing was held on December 11, 2011, in 
Leavenworth, Kansas with the public comment period concluding on 
January 2, 2012. Publication of the FEIS occurred on April 10, 2015 
with the public comment period lasting until May 15, 2015. A decision 
whether to proceed with the proposed action and if so, where, was 
delayed and a Record of Decision to be issued by the Director of the 
BOP, pursuant to the requirements of NEPA and U.S. Department of 
Justice regulations, was not adopted.
    The BOP is resuming the NEPA process with the intent of preparing a 
DSFEIS to provide current information about the proposed project, the 
purpose and need for proceeding with developing a new FCI and FPC in 
Leavenworth, Kansas, and to provide the public, elected and appointed 
officials, regulatory agencies, and others the opportunity to voice 
their interests and provide comments concerning the proposed action.

Proposed Action

    To accommodate a portion of the federal inmate population, the BOP 
proposes to develop a new FCI and FPC within undeveloped areas 
comprising the USP property in Leavenworth, Kansas. The proposed FCI 
would be designed to house approximately 1,152 medium-security male 
inmates and the FPC would be designed to house approximately 256 
minimum-security male inmates for a total population of approximately 
1,408 inmates. The DSFEIS, to be prepared by the BOP, will analyze the 
potential impacts of new correctional facility construction and 
operation.
    Among the objectives for developing the proposed FCI and FPC is to 
meet the on-going need for modern and secure correctional facilities 
and infrastructure, as well as to address an identified need for a new 
FCI and FPC in Leavenworth. With increasingly aged and outdated federal 
correctional facilities, the BOP is continuously working to improve the 
system's infrastructure through modernization of existing facilities 
when possible and construction of new institutions when necessary. As 
an example, USP Leavenworth was one of three first-generation federal 
prisons constructed in the early 1900s and continues in operation today 
while other operating federal correctional facilities were constructed 
over 50 years ago. Hence, development of a new FCI and FPC in 
Leavenworth is among the BOP's priority projects.
    Once developed, the new FCI and FPC would improve living and 
working conditions for inmates and staff and be an advancement over 
conditions in many current BOP institutions. Improving living and 
working conditions has been shown to reduce the levels of stress and 
depression among inmates and staff, resulting in an overall positive 
effect on institution operation, safety, and security.
    Development of a new FCI and FPC in Leavenworth will ensure that 
the federal criminal justice system in general, and the BOP in 
particular, continues to function in a quality manner while addressing 
the need for modern, secure, efficient and cost-effective institutions. 
Doing so will also allow the BOP to continue to accomplish its mission 
to uphold justice and public safety, meet the needs of current and 
future federal inmate populations, and provide for the continued safety 
and security of inmates, staff and the public.

The Process

    The process of evaluating the potential environmental impacts 
associated with federal correctional facility development and operation 
involves the analysis of many factors and conditions including, but not 
limited to: Topography, geology, soils, hydrology, biological 
resources, cultural resources, hazardous materials, visual and 
aesthetic features, fiscal considerations, population/employment/
housing characteristics, community services and facilities, land uses, 
utility services, transportation systems, meteorological conditions, 
air quality and noise.

Alternatives

    In developing the DEIS in 2011 and FEIS in 2015, the No Action 
alternative, other actions considered and eliminated, and alternative 
development areas for the proposed FCI and FPC were thoroughly 
examined. Alternative development areas examined at that time consisted 
of BOP-owned property contiguous to the existing USP located in 
Leavenworth, Kansas. All alternatives considered then will be fully and 
thoroughly re-examined in the DSFEIS.

Scoping Process

    Prior to preparation of the DEIS in 2011, opportunities for public 
involvement were provided in order to determine the issues to be 
examined in the DEIS. The scoping process began with a Scoping Meeting 
on January 20, 2011, in Leavenworth, Kansas with the meeting location, 
date, and time well publicized and arranged to allow for members of the 
public, as well as representatives of government agencies, 
organizations, and interest groups to attend. The meeting was held to 
allow interested persons to formally express their views on the scope 
and significant issues to be studied as part of the DEIS process. The 
meeting also provided for timely public comments and understanding of 
federal plans and programs with possible environmental consequences as 
required by NEPA and the National Historic Preservation Act of 1966, as 
amended.
    Following publication of the DEIS on November 18, 2011, a public 
hearing was held on December 11, 2011, in Leavenworth, Kansas with the 
hearing location, date, and time well publicized and arranged to allow 
for maximum public involvement and attendance. The hearing was held to 
share project-related information and to allow interested persons to 
offer comments and questions concerning the proposed action and the 
findings of the DEIS as stipulated by NEPA. Public comments were 
received by the BOP until the end of the comment period on January 2, 
2012.
    On April 10, 2015, the BOP published a FEIS with the public review 
and comment period lasting until May 15, 2015. A decision on whether to 
proceed with the proposed action and if so, where, was delayed and a 
Record of Decision was not adopted. With the passage of time, the BOP 
is resuming the NEPA process with the intent of preparing a DSFEIS to 
provide current information about the proposed project, the purpose and 
need for proceeding with developing a new FCI and FPC in Leavenworth, 
Kansas, and to provide the public, elected and appointed officials, 
regulatory agencies, and others the opportunity to voice their 
interests and provide comments concerning the proposed action. In 
resuming the NEPA process, the BOP distributed a letter on June 15, 
2020 to interested parties informing them that preparation of the 
DSFEIS would soon commence.

Availability of DSFEIS

    Public notice will be given concerning the availability of the 
DSFEIS for public review and comment along with plans for a public 
hearing following DSFEIS publication.

    Dated: June 26, 2020.
Kimberly S. Hudson,
COR, Site Selection Specialist, Construction and Environmental Review 
Branch.
[FR Doc. 2020-14216 Filed 6-29-20; 8:45 am]
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