Record of Decision: Proposed United States Penitentiary and Federal Prison Camp, Letcher County, Kentucky, 15870-15875 [2018-07311]

Agencies

• Department of Justice
• Bureau of Prisons

[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Notices]
[Pages 15870-15875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07311]


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DEPARTMENT OF JUSTICE

Federal Bureau of Prisons


Record of Decision: Proposed United States Penitentiary and 
Federal Prison Camp, Letcher County, Kentucky

I. Introduction

    This document provides a Record of Decision (ROD) pursuant to the 
National Environmental Policy Act of 1969 as amended (NEPA), 
documenting my decision regarding the proposal by the United States 
(U.S.) Department of Justice, Federal Bureau of Prisons (Bureau) to 
acquire a site up to 800 acres in size and construct and operate a U.S. 
Penitentiary (USP) and Federal Prison Camp (FPC) in Letcher County, 
Kentucky. The ROD describes the rationale for selecting Modified 
Alternative 2-Roxana as the chosen alternative.

[[Page 15871]]

    The Bureau's decision is based on information and analysis 
contained in the Final Supplemental Revised Final Environmental Impact 
Statement (RFEIS) issued September 2017, the Draft Supplemental RFEIS 
issued March 2017, the RFEIS issued April 2016, the Draft EIS issued 
February 2015, technical studies, and comments from federal and state 
agencies, elected officials, organizations, and individuals.
    The purpose of this ROD is to publish the Agency's decision with 
respect to the environmental review process. Nothing in this ROD should 
be taken as an indication that the Bureau intends to proceed (or not to 
proceed) with the development of a federal correctional facility in 
Letcher County. Such decision will be made at the appropriate time.

II. Background

    The Bureau prepared an EIS to evaluate the potential environmental 
effects of site acquisition and development of the USP and FPC at two 
potential locations in Letcher County: Alternative 1--Payne Gap and 
Alternative 2--Roxana. The No Action Alternative was also evaluated. 
The Draft EIS was published in February 2015 and the Final EIS was 
published in July 2015.
    In consideration of comments received on the Final EIS, the Bureau 
withdrew the July 2015 Final EIS and prepared a RFEIS. The RFEIS 
corrected inconsistencies in the Final EIS, provided more complete 
discussion of some topics addressed in the Final EIS, and provided more 
complete responses to comments received on the Draft EIS than were 
provided in the Final EIS. Also, as a result of Final EIS comments 
received, the Bureau confirmed that written notice of availability of 
the Final EIS had not been directly provided to at least twenty-two 
parties who had requested it; therefore, these parties received less 
than the intended, full 30-day review period on the Final EIS. By 
publishing the RFEIS and providing a 30-day review period, all 
interested parties were afforded a new review period. The March 2016 
RFEIS was published on April 1, 2016. The 2016 RFEIS made no change to 
the proposed action. As did the withdrawn Final EIS, the 2016 RFEIS 
evaluated Alternative 1--Payne Gap, Alternative 2--Roxana, and the No 
Action alternative.
    The Bureau was originally considering acquiring approximately 700 
acres at the Roxana site or 750 acres at Payne Gap for this project. 
Following publication of the March 2016 RFEIS, in which Alternative 2--
Roxana was identified as the preferred alternative, the Bureau removed 
two parcels of land at the Roxana site from acquisition consideration, 
resulting in a proposed site of approximately 570 acres. The Bureau 
conducted a number of detailed studies at the Roxana site and 
determined this smaller site size would be a viable alternative for 
constructing and operating a USP, FPC, and ancillary facilities. 
However, the reduction in site size necessitated modifying the 
facilities layout evaluated for Alternative 2--Roxana in the 2016 
RFEIS. The Bureau prepared a Supplemental RFEIS to assess new 
circumstances and information relevant to potential environmental 
impacts as a result of the modifications to the Roxana site size and 
facilities layout under Modified Alternative 2--Roxana. The Draft 
Supplemental RFEIS analyzed Modified Alternative 2--Roxana and the No 
Action Alternative. Alternative 2--Roxana from the 2016 RFEIS was 
eliminated from further evaluation because the original site 
configuration was no longer feasible. The Draft Supplemental RFEIS was 
published in March 2017, and the Final Supplemental RFEIS was published 
in September 2017.

III. Purpose and Need for the Project

    The purpose of the proposed federal correctional facility in 
Letcher County is to develop additional high-security facilities to 
increase capacity for current inmate populations in the Mid-Atlantic 
Region based on the need for additional bed space. The Bureau has 
studied the need for an additional high-security penitentiary and an 
associated federal prison camp in the Mid-Atlantic Region, and has 
continually updated inmate population totals throughout the EIS 
process. The overall prisoner population is declining. On June 13, 
2017, the U.S. Department of Justice Deputy Attorney General testified 
before the House Committee on Appropriations that the federal inmate 
population has declined 14 percent, totaling 30,000 inmates, over the 
last four years. Although the inmate population has been declining in 
recent years, as of November 28, 2017, the size of the total inmate 
population in the Bureau's institutions exceeds the rated capacity of 
its prisons by 14 percent, with its high-security level institutions 
(USPs) at an approximate 29 percent overcrowded rate. Based on recent 
U.S. Department of Justice policy changes in prosecution priorities, 
the Bureau's Fiscal Year 2018 total inmate population is projected to 
increase to approximately a 16 percent overcrowded rate, and high-
security level institutions population is projected to remain at 29 
percent overcrowded.
    There is a continuing need for additional high-security male 
facilities in the Mid-Atlantic Region, where every existing high-
security male facility has been operating, and continues to operate, 
above its rated capacity. As of November 28, 2017, the four high-
security male facilities in this region housed approximately 4,797 
high-security male inmates, but their total rated capacity is 3,441 
inmates. Therefore, the Bureau has determined the Mid-Atlantic Region 
high-security male facilities are overcrowded and exceed rated capacity 
by 39 percent.
    Overcrowding in the Mid-Atlantic Region facilities compromises the 
mission of the Bureau. The Bureau faces challenges in providing for 
inmates' care and safety in crowded conditions, as well as the safety 
of Bureau staff and surrounding communities, within budgeted levels. 
Provision of a new USP and FPC with additional high-security bed space 
in Letcher County would meet the need to ensure a safe and secure 
environment for both staff and inmates, particularly as it applies to 
higher security inmates, within the Mid-Atlantic Region, afford the 
Bureau continued management of inmates originating from the region, 
allowing those inmates to remain close to family, which aids in the 
rehabilitation process.
    The Bureau proposes to acquire up to 800 acres in Letcher County to 
construct and operate a USP, FPC, and associated ancillary facilities. 
The ancillary facilities would include a central utility plant, outdoor 
firing range, outside warehouse, staff training building, garage/
landscape building, access roads, and parking lots. A non-lethal/lethal 
fence and site lighting would also be installed. The proposed USP would 
house approximately 960 high-security male inmates, and the FPC would 
house approximately 256 minimum-security male inmates for a total 
population of approximately 1,216 inmates. Together both facilities 
would employ approximately 300 full-time staff upon operation. 
Development of the USP and FPC in Letcher County is proposed to provide 
an additional USP and FPC for mission support to increase capacity for 
current inmate populations in the Mid-Atlantic Region and reduce the 
overcrowding in this region's high-security male facilities.

IV. Alternatives Considered

A. No Action Alternative

    The No Action Alternative is defined as a decision by the Bureau 
not to proceed with the proposed action.

[[Page 15872]]

Under this alternative, the Bureau would not acquire land to construct 
and operate a new USP and FPC to house a portion of the federal inmate 
population and would result in a continuation of the status quo, with 
existing USPs in the Mid-Atlantic Region remaining overcrowded at 
current levels and their associated FPCs remaining at or near capacity. 
Selection of the No Action Alternative would avoid environmental 
impacts associated with development and operation of the proposed USP 
and FPC.
    The No Action Alternative does not meet the purpose of and need for 
the proposed action because it does not address the Bureau's need to 
provide additional capacity to reduce current overcrowding of the 
federal inmate population in other federal correctional facilities in 
the Mid-Atlantic Region, particularly in the high-security male 
facilities.

B. Alternative Project Locations Within Geographic Area of Interest

    The Bureau has a continuing need for additional high-security male 
facilities within the Mid-Atlantic Region. None of the existing federal 
lands or facilities in the Mid-Atlantic Region within the jurisdiction 
of the Bureau have sufficient space to accommodate the development of 
the proposed facilities. In addition, no reasonable alternatives for 
the use of existing land or facilities outside of the jurisdiction of 
the Bureau were identified within the Mid-Atlantic Region.
    The Letcher County Planning Commission contacted the Bureau with an 
offer of potential sites for a new USP and FPC in Letcher County. The 
Letcher County Planning Commission identified four potential locations 
that could meet the needs of the Bureau, and brought these sites to the 
attention of the Bureau to determine if the Bureau had an interest in 
developing a new facility at one of the locations. Between 2008 and 
2010, the Bureau conducted two site reconnaissance studies to collect 
preliminary data on the four sites that have been offered by members of 
the community to determine their suitability for development based on 
site conditions, infrastructure and utilities, and environmental 
resources. Based on the initial analyses, the Bureau determined the 
four sites, referred to as Meadow Branch, Payne Gap, Roxana, and Van/
Fields, should be studied in more detail in a feasibility study.
    During the initial phase of the feasibility study, changes with the 
offeror of the Meadow Branch site resulted in the removal of the site 
from consideration by the Bureau; therefore, no detailed analysis of 
the site was included in the feasibility study. The remaining three 
sites were assessed for potential impacts to infrastructure and 
environmental resources, including archaeological sites and historic 
architectural resources, wetlands, and geological conditions. The 
feasibility study highlighted potential concerns with development of 
each site, as well as estimated costs of development of each site in 
relation to infrastructure improvement and site preparation (i.e., 
excavation and/or fill and grading activities). Based on the analysis 
in the feasibility study, that was completed in 2012, the Bureau 
determined that there were no constraints that would prevent 
development of any of the three sites. Changes with the offeror of the 
Van/Fields site during the final stages of the feasibility study 
eliminated this site from further consideration. The Bureau carried 
forward the remaining two sites, Payne Gap and Roxana, for analysis in 
the EIS.
1. Alternatives Evaluated in the Draft EIS, Final EIS, and 2016 RFEIS
2.
    Two action alternatives and the No Action Alternative were 
evaluated in the February 2015 Draft EIS, July 2015 Final EIS, and 
March 2016 RFEIS.
Alternative 1--Payne Gap
    Development of a USP and FPC at the Payne Gap site (Alternative 1) 
would involve acquisition of approximately 753 acres located in eastern 
Letcher County, approximately 7 miles northeast of the city of 
Whitesburg, along the Kentucky and Virginia border. The proposed site 
is situated on a gently sloped to steeply sloped upland land form, and 
is covered with secondary growth forests. The original topography of 
portions of the site has been altered by past surface and deep mining 
and by associated mining activities such as spoil piles, roads, and 
fill piles. No active mining is occurring on site. The proposed 
facilities layout for Alternative 1 consists of developing the north 
half of the Payne Gap site with the USP, FPC, and ancillary buildings, 
and accessing the site from U.S. Route 119. To accommodate the USP, 
FPC, ancillary buildings, and roads, Alternative 1 would require more 
extensive rock excavation and fill to level and prepare the site for 
construction than would Alternative 2.
Alternative 2--Roxana
    Development of a USP and FPC at the Roxana site (Alternative 2) 
would have involved acquisition of approximately 700 acres located in 
western Letcher County, approximately 7.5 miles west of Whitesburg. The 
site is forested except for a large open area near the center of the 
site created from past surface mining activities. No active mining is 
occurring on site. The Bureau proposed constructing the FPC in the 
north portion of the Roxana site and the USP and ancillary buildings in 
the central portion of the site. The proposed facilities layout 
included an access road extending along the east side of the facilities 
from KY 588.
3. Alternatives Evaluated in 2017 Draft and Final Supplemental RFEIS
    The 2017 Draft and Final Supplemental RFEIS analyzed Modified 
Alternative 2--Roxana and the No Action Alternative. Alternative 1--
Payne Gap was incorporated by reference. Alternative 2--Roxana from the 
2016 RFEIS was eliminated from further evaluation because the original 
site configuration was no longer feasible.
Modified Alternative 2--Roxana
    Under Modified Alternative 2--Roxana, the Bureau would acquire 
approximately 570 acres of land at Roxana. Because of the reduced site 
size, the Bureau modified the facilities layout evaluated for 
Alternative 2--Roxana in the 2016 RFEIS. In the modified facilities 
layout under this alternative compared with the 2016 alternative, the 
FPC would be situated closer to the USP and the access road would 
extend from KY 588 along the west side of the FPC rather than the east 
side.

C. Preferred Alternative

    Modified Alternative 2--Roxana best meets Bureau operational and 
security requirements while minimizing potential environmental and 
other impacts and is considered the Preferred Alternative. Modified 
Alternative 2--Roxana best meets the purpose of the proposed action by 
providing an additional high-security penitentiary and an associated 
prison camp to increase capacity for current inmate populations in the 
Mid-Atlantic Region. In addition, Modified Alternative 2--Roxana 
satisfies the continuing need for additional high-security facilities 
within this region, despite recent declines in other than high-security 
in-mate population groups, to reduce the demonstrated overcrowding that 
compromises the mission of the Bureau.
    Although both the Payne Gap and Roxana sites accommodate the 
required facilities, Modified Alternative 2--Roxana is the Preferred 
Alternative because it would have, on balance,

[[Page 15873]]

fewer impacts to the human and natural environment as compared with 
Alternative 1--Payne Gap evaluated in the 2016 RFEIS. Both build 
alternatives would have direct adverse impacts to topography, geology, 
and soils; however, much greater site preparation work would be 
required at the Payne Gap site. Except for the potential impact to the 
natural gas infrastructure, Modified Alternative 2--Roxana would have 
less than significant impacts to infrastructure and utilities, while 
Alternative 1--Payne Gap would have significant impacts to potable 
water capacity, wastewater treatment capacity, and natural gas 
infrastructure. Under Modified Alternative 2--Roxana, impacts to 
streams and forest would be less than those under Alternative 1--Payne 
Gap. Development of the proposed action under Alternative 1--Payne Gap 
would impact approximately 100 more acres of summer habitat of 
federally listed bat species when compared with Modified Alternative 
2--Roxana.

D. Avoidance, Minimization, and Mitigation Measures

    The Bureau will implement the following avoidance, minimization, 
and mitigation measures and best management practices to reduce the 
environmental impacts of the Selected Alternative. No mitigation is 
required for socioeconomics and environmental justice, as the Selected 
Alternative would not result in adverse impacts to socioeconomics, 
environmental justice populations, or children, and no mitigation is 
required for cultural resources, as the Preferred Alternative would 
have no impact to National Register of Historic Places--listed or 
eligible cultural resources.
1. Land Use and Zoning
    (a) Provide an open space and vegetative buffer between the USP and 
FPC to maintain visual compatibility with surrounding properties.
    (b) Design and locate the facilities to reduce the visual presence 
of the facility from neighboring properties.
    (c) Maintain a 125-foot buffer between FPC construction activities 
and the Whitaker property.
    (d) Maintain a 100-foot buffer between access road construction 
activities and the Frazier Cemetery.
    (e) Use full cutoff light fixtures to minimize off-site adverse 
impacts of lighting.
2. Topography, Geology, and Soils
    (a) Prepare a Stormwater Pollution Prevention Plan with a soil 
erosion and sediment control plan and submit it to the Kentucky 
Department for Environmental Protection, Division of Water for approval 
prior to construction.
    (b) Implement construction-period and permanent surface water and 
stormwater control plans to manage runoff.
    (c) Phase the construction of the USP, FPC, and ancillary 
facilities to occur at different times to minimize soil disturbance by 
only clearing areas necessary for the current phase of construction.
    (d) Re-vegetate disturbed areas following the completion of 
construction to minimize the erosion of exposed soil.
3. Community Facilities and Services
    (a) Discuss the development of a Memorandum of Understanding with 
the Whitesburg Police Department and Mayor of Whitesburg to determine 
the department's status and what steps may be taken to offset potential 
impacts to Whitesburg Police Department operations or its equipment.
4. Transportation and Traffic
    (a) Require the selected construction contractor to perform an 
assessment of routing of construction traffic to the site.
    (b) Route construction vehicles so gross vehicle weight does not 
exceed Kentucky Transportation Cabinet maximum weight limitations.
    (c) Bond the roads where limitations may be exceeded and repair the 
roads upon completion of construction.
    (d) Develop and implement a maintenance of traffic plan to maintain 
traffic flow when construction equipment is being transported to the 
site.
5. Air Quality
    (a) Implement best management practices, including but not limited 
to periodic soil wetting, use of alternatively fueled equipment, use of 
other emissions controls applicable to on-site equipment, and reduction 
of equipment and construction vehicle idling time, to reduce air 
emissions.
    (b) Obtain an air quality permit from the Kentucky Department for 
Environmental Protection for air emission sources in compliance with 
Kentucky Administrative Regulations, Title 401, Chapter 52, Section 040 
(401 KAR 52: 040), State-origin Permits.
6. Noise
    (a) Use noise bellows systems on pile driving equipment.
    (b) Schedule louder construction activities from mid-morning to 
mid-afternoon for less intrusive times.
    (c) Limit construction activities to daytime hours to the extent 
feasible.
    (d) Implement a blasting plan and informing local community about 
blasting activity dates.
7. Infrastructure and Utilities
    (a) Pay natural gas infrastructure owners for costs associated with 
closure, abandonment, and/or relocation of the wells and associated 
pipelines.
    (b) Comply with applicable federal and state regulations regarding 
the permanent closure and abandonment of gas wells and the relocation 
of the pipes.
8. Water Resources
    (a) Pay a fee into the in-lieu fee mitigation program managed by 
the Kentucky Department of Fish and Wildlife Resources.
    (b) Prepare and implement a Groundwater Protection Plan in 
compliance with Kentucky Administrative Regulations, Title 401, Chapter 
5, Section 37 (401 KAR 5: 037), Groundwater Protection Plans.
9. Biological Resources
    (a) Implement the following Reasonable and Prudent Measure 
stipulated in the U.S. Fish and Wildlife Service (USFWS) Biological 
Opinion (BO) regarding potential impacts to the Indiana bat, northern 
long-eared bat, and gray bat from the Preferred Alternative: The Bureau 
shall ensure that the project will occur as designed, planned, and 
documented in the Biological Assessment and this BO.
    (b) Comply with the following Term and Condition, which implements 
the above Reasonable and Prudent Measure, specified in the BO: The 
Bureau shall ensure that the project will occur as designed, planned, 
and documented in the Biological Assessment and this BO.
    (c) Incorporate the following Conservation Measures documented in 
the Biological Assessment in project design and construction:
    (i.) Contribute to the Imperiled Bat Conservation Fund as 
compensatory mitigation for adverse effects on Indiana bats and 
northern long-eared bats.
    (ii.) Develop and implement a Kentucky Division of Water-approved 
erosion and sediment control plan.
    (iii.) Avoid tree removal during June and July.
    (iv.) Avoid blasting from November 15 through March 31.
    (v.) Conduct construction activities from April 15 through October 
31 in suitable Indiana bat and/or northern long-eared bat habitat 
during daylight hours.
    (vi.) Direct construction lighting toward construction activities 
and away from forested habitat during any nighttime construction 
activities.

[[Page 15874]]

    (vii.) Require construction contractors to inspect vehicles and 
equipment to ensure visible plant and seed material has been removed 
prior to entering the project area.
    (viii.) Install the facility's outdoor lights with full cutoff 
fixtures (emit no direct up light).
    (x.) Fence off the feature identified as potential hibernaculum and 
installing warning signs around the area to prevent disturbance.
    (d) Incorporate the required reporting/monitoring requirements from 
the USFWS BO into the Monitoring and Enforcement Program (MEP) for the 
project, is described in Section VII of this ROD.
10. Hazardous Materials and Waste
    (a) Comply with applicable federal and state regulations regarding 
the management of hazardous materials and waste.
    (b) Use, store, and properly dispose of batteries and containerized 
pesticides, herbicides, paints, and solvents.
    (c) Comply with Kentucky Administrative Regulations, Title 401, 
Chapter 100, Section 30 (401 100: 030), Remediation Requirements, for 
the remediation of three identified locations of petroleum releases 
from a petroleum extraction operation, and submit all associated 
cleanup reports and records to the Kentucky Department for 
Environmental Protection (DEP) Division of Waste Management, Superfund 
Branch--Petroleum Cleanup Section in accordance with the procedures 
outlined in DEP 7097C, Closure Report for Petroleum Releases and Exempt 
Petroleum Tank Systems.
    (d) Design facilities intended for human occupancy to prevent 
occupant exposures to radon above the USEPA action level of 4 pCi/L 
(picocuries per liter).
    (e) Incorporate the following Bureau Technical Design Guidelines in 
the design of the outdoor firing range to prevent lead contamination 
outside of the range itself: Safety baffles, berms and backstops to 
contain bullets to a designated area; impoundments, traps, and other 
structures to catch lead particles; and stormwater systems to gather 
runoff and allow infiltration within the range bermed area.
    (f) Perform regular maintenance of the above range features.
11. Climate
    (a) In consideration of Executive Order 13693, Planning for Federal 
Sustainability in the Next Decade, and the Council on Environmental 
Quality's Final NEPA Guidance on Consideration of the Effects of 
Climate Change and Greenhouse Gas Emissions, design and construction of 
the USP and FPC will comply with the design and operation standards and 
practices included in the following:
    (i) U.S. Green Building Council's Leadership in Environmental and 
Energy Design (LEED) prerequisites and credits for Silver 
certification.
    (ii) 10 CFR 433, Energy Efficient Standards for the Design and 
Construction of New Federal Commercial and Multi-family High Rise 
Residential Buildings.
    (iii) 10 CFR 436 Federal Energy Management and Planning Programs.
    (iv) IEEE Standard 739--IEEE (Institute of Electrical and 
Electronics Engineers) Recommended Practice for Energy Conservation and 
Cost Effective Planning in Industrial Facilities.

VI. Decision

    Based on consultation with consulting agencies; consideration of 
potential environmental consequences; Bureau operational, security, and 
management needs for current Mid-Atlantic Region facilities; public 
comments on the February 2015 Draft EIS, July 2015 Final EIS, March 
2016 RFEIS, March 2017 Draft Supplemental RFEIS, and September 2017 
Final Supplemental RFEIS; and my being apprised of the material and 
information contained in the 2016 RFEIS and 2017 Final Supplemental 
RFEIS, I have decided to select Modified Alternative 2--Roxana, as 
summarized above and described in detail within the 2017 Final 
Supplemental RFEIS, for the proposed land acquisition and development 
of a USP and FPC in Letcher County. Development of the proposed project 
under Modified Alternative 2--Roxana is contingent on the availability 
of funding sufficient to proceed.

VII. Rationale

    My decision is based on the following factors:
    The Bureau has a continuing need for additional safe and secure 
facilities in the Mid-Atlantic Region, where every existing high-
security facility is operating above its rated capacity and their 
associated FPCs are at or near capacity, thereby compromising the 
mission of the Bureau. In response, the Bureau has committed resources 
to identifying, evaluating, acquiring, and developing a site for an 
additional USP and associated FPC for mission support.
    Development of the USP and FPC is proposed as a means of reducing 
inmate overcrowding at other federal correctional facilities in the 
Mid-Atlantic Region. Each alternative plan was evaluated against 
operational, environmental, and infrastructure criteria until a 
preferred alternative was identified that best met project objectives 
while accommodating security considerations, logistics, and costs. 
Development of the USP and FPC under Modified Alternative 2--Roxana 
best meets the project's goals and objectives, and because development 
of this alternative would have fewer impacts on the human and natural 
environment, it is considered by the Bureau to be the environmentally 
preferable alternative.
    Construction and operation of the proposed USP and FPC under 
Modified Alternative 2--Roxana will result in significant impacts to 
topography, geology and soils, and less than significant impacts to 
land use, community facilities and services, transportation and 
traffic, air quality, noise, infrastructure and utilities, water 
resources, biological resources, and hazardous materials and waste, as 
defined by NEPA. While construction and operation of the proposed USP 
and FPC under Modified Alternative 2--Roxana will cause unavoidable 
impacts, construction and operation activities will comply with all 
federal statutes, implementing regulations, Executive Orders, and other 
consultation, review, and permit requirements potentially applicable to 
this project. Any unavoidable adverse impacts to land use, topography, 
geology and soils, community facilities and services, transportation 
and traffic, air quality, noise, infrastructure and utilities, water 
resources, biological resources, and hazardous materials and waste will 
be controlled, reduced, or eliminated by the avoidance, minimization, 
and mitigation measures identified in Section IV.D of this ROD. The 
project will comply with the regulatory requirements of the Clean Water 
Act (33 U.S.C. 1251 et seq.).
    The Bureau will coordinate with the U.S. Army Corps of Engineers on 
permit requirements and will obtain all required permits for the 
placement of fill material and potential disturbance of wetlands and 
other waters of the U.S. prior to construction. In addition, the Bureau 
will comply with the Terms and Conditions implementing the Reasonable 
and Prudent Measures specified in the USFWS BO for project effects on 
the Indiana bat and the northern long-eared bat in accordance with 
Section 7 of the Endangered Species Act (16 U.S.C. 1531-1544).
    The Bureau will develop and implement a Monitoring and Enforcement 
Program (MEP) to ensure that the proposed avoidance, minimization, and 
mitigation measures

[[Page 15875]]

documented within this ROD are implemented as part of the project. The 
MEP will identify the timing, responsibility, and method of 
implementation of the proposed measures, as well as any required 
monitoring and enforcement activities. As part of this program, each 
project contractor will be required to implement the mitigation 
measures arising from its project activities. The Bureau or its 
authorized agencies will inspect and monitor these measures to ensure 
compliance. The Bureau will implement any mitigation measures required 
for USP and FPC operation. The Bureau will maintain the MEP throughout 
project implementation and will include the MEP in the project 
administrative record. Any continuing obligations will be maintained by 
the Bureau.
    Development of the proposed USP and FPC under Modified Alternative 
2--Roxana will result in beneficial impacts by reducing crowded 
conditions in federal correctional facilities within the Mid-Atlantic 
Region, particularly in high-security male facilities, by providing a 
much-needed new facility to meet existing inmate housing needs. 
Beneficial impacts to the local economy of Letcher County will also be 
realized due to the addition of a 300-person workforce for the facility 
and the associated gains in expenditures and tax revenues.
    The Bureau will rely upon public utility authorities for the 
provision of water and sewage treatment services. Positive economic 
benefits will accrue to these utility authorities from the provision of 
such services. Plans for the expansion of utility capacities will be 
fully coordinated with all appropriate agencies.
    Prior to making my final decision, I carefully considered comments 
received following the publication of the 2016 RFEIS, and comments 
received prior to expiration of the 30-day review period on the 2017 
Final Supplemental RFEIS. The comments and responses thereto are hereby 
acknowledged and measures to avoid, minimize, and mitigate potential 
adverse impacts are documented within Section IV.D of this ROD.
    In addition, I have carefully considered potential environmental 
justice impacts of the proposed action as discussed in the 2016 RFEIS, 
together with comments concerning environmental justice submitted 
during the EIS and Supplemental RFEIS process. Pursuant to Executive 
Order 12898, Federal agencies are required to make achieving 
environmental justice part of their mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health and environmental effects of their programs, policies, and 
activities on minority and low-income populations. As concluded in the 
2016 RFEIS, I have determined that the proposed action will not result 
in either a disparate or significantly adverse impact to any low-income 
or minority population to which Executive Order 12898 is applicable.

VIII. Conclusion

    After consulting with Bureau staff and being appraised of material 
in the Draft EIS, 2016 RFEIS, and 2017 Final Supplemental RFEIS, it is 
my decision that the Bureau select Modified Alternative 2--Roxana for 
the land acquisition and development of a USP and FPC in Letcher 
County.

Mark S. Inch,
Director, Federal Bureau of Prisons.
[FR Doc. 2018-07311 Filed 4-11-18; 8:45 am]
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