[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Notices]
[Pages 58822-58824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20795]


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DEPARTMENT OF JUSTICE

Federal Bureau of Prisons


Notice of Intent To Prepare a Draft Environmental Impact 
Statement for the Proposed Federal Correctional Institution and Federal 
Prison Camp in Letcher County, Kentucky

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

ACTION: Notice of intent to prepare a Draft Environmental Impact 
Statement for the Proposed Federal Correctional Institution and Federal 
Prison Camp in Letcher County, Kentucky.

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of 
1969, as implemented by the Council on Environmental Quality and 
Federal Bureau of Prisons (Bureau) regulations, the Bureau announces 
its intent to prepare a Draft Environmental Impact Statement (DEIS) for 
the ``Proposed Federal Correctional Institution and Federal Prison Camp 
Letcher County, Kentucky.''

SUPPLEMENTARY INFORMATION:

Background

    The Bureau's mission is to protect society by confining offenders 
in the controlled environments of prisons and community-based 
facilities that are safe, humane, cost-efficient, appropriately secure, 
and provide work and other self-improvement opportunities to assist 
offenders in becoming law-abiding citizens. A growing challenge to 
successfully performing that mission is the increasing number of 
federal correctional facilities and supporting infrastructure that were 
constructed over 50 years ago (the approximate design life of such 
facilities), resulting in a continuous need to maintain existing 
facilities, and when necessary, develop new facilities and 
infrastructure.
    To address the need for modern, efficient, and cost-effective 
institutions, the Bureau is proposing to construct and operate a new 
medium-security Federal Correctional Institution (FCI) and an adjoining 
minimum-security Federal Prison Camp (FPC) in Letcher County, Kentucky. 
The FCI and FPC would be designed to house approximately 1,152 adult 
males and 256 adult males, respectively, and serve the needs of the 
Bureau's Mid-Atlantic Region.

Compliance With the National Environmental Policy Act

    Development and operation of a new FCI and FPC is considered to be 
an action potentially significantly affecting the quality of the human 
environment. Therefore, the Bureau must comply with NEPA to ensure that 
the environmental consequences of such a federal action are adequately 
considered. This DEIS will be prepared to ensure that the potential 
environmental impacts associated with the proposed action are 
thoroughly documented and that compliance is achieved with NEPA as well 
as with other environmental statutes including but not limited to: the 
Coastal Zone Management Act of 1972; the Clean Air Act of 1974; the 
Clean Water Act and Amendments, the Endangered Species Act of 1973 
(ESA); the National Historic Preservation Act (NHPA) of 1966; and the 
Farmland Protection Policy Act (FPPA), among other laws, regulations 
and Executive Orders.
    Preparation of environmental documentation and its consideration by 
federal, state, and local officials, regulatory agencies, stakeholders, 
and the public will be carried out to demonstrate that the Bureau 
understands and fully considers the potential environmental impacts 
associated with the proposed action. This includes consideration to the 
potential impacts associated with correctional institution construction 
and operation and attainment of the project's objectives.
    In 2006, Congress authorized and directed the Bureau to initiate 
various investigations for development of a new federal correctional 
facility in Letcher County. In accordance with Congress' directive, the 
Bureau conducted a wide range of technical investigations and studies 
and published multiple EISs in conformance with NEPA as summarized 
below.

[[Page 58823]]



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                 Date                           Title                              Description
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2006.................................  Congressional            Bureau directed to undertake planning for a new
                                        authorization.           high-security United States Penitentiary (USP)
                                                                 in Letcher County, Kentucky.
July 2013............................  Notice of Intent to      Published notice of the Bureau's intent to
                                        Prepare a Draft          prepare a DEIS for development of a USP and FPC
                                        Environmental Impact     on properties located in Letcher County,
                                        Statement.               Kentucky. The proposed sites subjected to study
                                                                 consisted of non-Bureau properties located near
                                                                 the City of Whitesburg.
August 2013..........................  Public Scoping Meeting   Held a public scoping meeting to inform the
                                        Held.                    public about the proposed project and to
                                                                 explain NEPA and the associated environmental
                                                                 impact analysis.
February 2015........................  Draft Environmental      Evaluated potential impacts to the natural and
                                        Impact Statement.        man-made environments resulting from
                                                                 development and operation of a proposed USP and
                                                                 FPC at two alternative sites in Letcher County:
                                                                 Alternative 1--Payne Gap Site and Alternative
                                                                 2--Roxana Site.
March 2015...........................  DEIS Public Meeting      Held a public meeting to seek public input and
                                        Held.                    comments concerning the proposed project and
                                                                 DEIS analysis.
July 2015............................  Final Environmental      Evaluated potential impacts to the natural and
                                        Impact Statement.        man-made environments resulting from
                                                                 development and operation of a proposed USP and
                                                                 FPC at two alternative sites in Letcher County:
                                                                 Alternative 1--Payne Gap Site and Alternative
                                                                 2--Roxana Site. Identified the Roxana Site as
                                                                 the preferred alternative for development and
                                                                 operation of new facilities as best meeting the
                                                                 project goals and objectives and, on balance,
                                                                 would have fewer impacts to the environment.
                                                                 The FEIS included updated information contained
                                                                 in DEIS and responded to public comments
                                                                 received concerning the DEIS.
March 2016...........................  Revised Final            Superseded the FEIS published in July 2015,
                                        Environmental Impact     which was withdrawn after consideration of
                                        Statement.               comments received following its publication and
                                                                 to address inconsistencies in the FEIS.
November 2016........................  Notice of Intent to      Provided notice of the Bureau's intent to
                                        Prepare a Supplemental   prepare a Supplement to the Revised FEIS for
                                        Revised Final            the proposed USP and FPC in Letcher County.
                                        Environmental Impact     Preparation of the Supplement was necessary to
                                        Statement.               address changes in the proposed action and new
                                                                 circumstances or information relevant to
                                                                 potential environmental impacts including a
                                                                 reduction in available land area of the Roxana
                                                                 Site necessitating changes to the facilities
                                                                 layout evaluated for Alternative 2--Roxana
                                                                 Site.
March 2017...........................  Draft Supplemental       Draft Supplemental Revised FEIS incorporated by
                                        Revised Final            reference and expanded upon the analyses
                                        Environmental Impact     presented in the Revised FEIS. The Draft
                                        Statement.               Supplement addressed new circumstances or
                                                                 information relevant to potential environmental
                                                                 impacts. Specifically, a reduction in available
                                                                 land area of the Roxana Site necessitated
                                                                 modifying the facilities layout evaluated for
                                                                 Alternative 2--Roxana Site in the Revised FEIS
                                                                 which identified Modified Alternative 2--Roxana
                                                                 Site as the preferred alternative.
September 2017.......................  Final Supplemental       Evaluated potential impacts to the natural and
                                        Revised Final            man-made environments resulting from
                                        Environmental Impact     development and operation of a proposed USP and
                                        Statement.               FPC at two alternative sites in Letcher County.
                                                                 Identified Modified Alternative 2--Roxana Site
                                                                 as the preferred alternative. Incorporated by
                                                                 reference and built upon the analyses presented
                                                                 in the Revised FEIS. Addressed changes in the
                                                                 proposed action and assessed new circumstances
                                                                 or information relevant to potential
                                                                 environmental impacts.
March 2018...........................  Record of Decision.....  Director of the Federal Bureau of Prisons
                                                                 selected Modified Alternative 2--Roxana Site
                                                                 for land acquisition and development of a USP
                                                                 and FPC in Letcher County. The decision was
                                                                 made following consideration of potential
                                                                 environmental consequences, agency and public
                                                                 comments, Bureau operational, security, and
                                                                 management needs, and after being apprised of
                                                                 material in the DEIS, FEIS, Revised FEIS, and
                                                                 Draft and Final Supplemental Revised FEISs.
                                                                 Record of Decision (ROD) published to document
                                                                 the Bureau's decision with respect to the
                                                                 environmental review process.
July 2019............................  Withdrawal of Record of  Acting Director of the Federal Bureau of Prisons
                                        Decision.                withdraws the ROD based on new information,
                                                                 which may be relevant to the environmental
                                                                 analysis for the proposed action, in order to
                                                                 evaluate the new information more fully.
September 2022.......................  Notice of Intent to      Notice of the Bureau's intent to prepare a DEIS
                                        Prepare a Draft          for development of a medium-security FCI and
                                        Environmental Impact     FPC at alternative locations in Letcher County,
                                        Statement.               Kentucky. The proposed sites to be examined
                                                                 consist of non-Bureau properties located near
                                                                 the City of Whitesburg.
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    While the Congressional directive to the Bureau to develop a new 
USP in Letcher County remains, the Bureau has been reevaluating the 
proposed project since the Record of Decision was withdrawn. During 
that time, the Bureau determined that the need to house medium-security 
inmates in a new FCI supersedes the need to house high-security inmates 
in a new USP. Design, construction, and operation of a high-security 
USP differs greatly from a medium-security FCI with the potential 
environmental impacts of its development and operation correspondingly 
different.
    Consistent with the guidance provided in 40 CFR 1502.9, the DEIS 
will address ``substantial changes in the proposed action that are 
relevant to environmental concerns or if there are significant new 
circumstances or information relevant to environmental concerns and 
bearing on the proposed action or its impacts.'' As a result of the 
change of scope in the proposed action (development of a medium-
security FCI vs a high-security USP), planning for a new FCI and FPC 
was initiated April 2022. The Bureau will soon undertake a new 
evaluation and analysis in accordance with NEPA and the Bureau's NEPA 
implementing regulations to be documented within a new DEIS.
    Publication of the Notice of Intent to Prepare a DEIS for 
development of a new FCI and FPC in Letcher County, Kentucky initiates 
a scoping period lasting for 30 days from the date of publication of 
this Notice of Intent in the Federal Register. A similar notice 
inviting federal, state, county, and local

[[Page 58824]]

agencies, officials, organizations, and the public to participate in 
the scoping and DEIS study process will also published in local 
newspapers.
    The DEIS will analyze potential environmental impacts that may 
result from the proposed action including, but not limited to, land use 
and zoning; topography, geology, and soils; air quality; noise; 
cultural resources; water resources; and biological resources. The DEIS 
analysis will also evaluate direct, indirect, and cumulative impacts. 
Relevant and reasonable measures that could avoid or mitigate 
environmental impacts will also be analyzed. Additionally, the Bureau 
will undertake any consultations required by applicable laws or 
regulations.
    The Bureau will issue the DEIS for a 45-day public comment period, 
during which time a public meeting will be held. A notice of 
availability of the DEIS and a notice of public meeting will be 
published in the Federal Register and in area newspapers in advance of 
the release of the DEIS and the public meeting. Those notices will 
identify further details about the public meeting, the means to view a 
copy of the DEIS, and the specific opportunities and methods for the 
public to provide comments on the proposed action and DEIS. Anyone 
wishing to receive notifications regarding the proposed project and 
DEIS are requested to contact the Bureau's Site Selection Specialist at 
the address shown below.
    Following issuance of the DEIS and completion of the 45-day public 
comment period on the DEIS, the Bureau will issue a Final EIS (FEIS) 
that will include comments received during the public comment period on 
the DEIS. The FEIS will also include the Bureau's response to 
substantive comments received on the DEIS. Following publication of the 
FEIS, a 30-day review period will be provided. No action will be taken 
to implement any of the proposed alternatives until completion of the 
30-day review period on the FEIS and issuance of a Record of Decision 
by the Director of the Bureau.

Contact

    Questions concerning the proposed action and the DEIS may be 
directed to Kimberly S. Hudson, COR, Site Selection Specialist, 
Construction & Environmental Review Branch, U.S. Department of Justice, 
Federal Bureau of Prisons, 320 First Street NW, Room 901-5 West, 
Washington, DC 20534; email: [email protected] or by visiting the 
project website at: https://www.proposed-fci-letchercountyky.com.

    Dated: September 28, 2022.
Kimberly S. Hudson,
Site Selection Specialist, Construction & Environmental Review Branch.
[FR Doc. 2022-20795 Filed 9-27-22; 8:45 am]
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