[Federal Register Volume 63, Number 123 (Friday, June 26, 1998)]
[Notices]
[Pages 34845-34847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17093]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
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  Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 / 
Notices  

[[Page 34845]]


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DEPARTMENT OF AGRICULTURE

Forest Service


Development of the Land and Resource Management Plan for the 
Midewin National Tallgrass Prairie; Will County, IL

AGENCY: Forest Service, USDA.

ACTION: Notice; intent to prepare an Environmental Impact Statement.

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SUMMARY: The purpose of this notice is to inform the public that the 
Forest Service intends to prepare an environmental impact statement for 
the development of the Midewin National Tallgrass Prairie Land and 
Resource Management Plan (Prairie Plan) (pursuant to 16 U.S.C. 1604 and 
36 CFR 219.12).
    We are now soliciting comments and suggestions from individuals, 
organizations, Federal agencies, State and local governments, and the 
Native American community on the scope of the analysis to be included 
in the Draft Environmental Impact Statement for the Prairie Plan (40 
CFR 1501.7). To be most useful, comments should (1) consider the 
purposes for which Midewin was established as outlined in the Illinois 
Land Conservation Act of 1995 (PL 104-106, section 2914); (2) identify 
specific concerns about the Prairie Plan Proposal, and; (3) offer 
possible alternatives for addressing issues associated with the 
proposal.
    Forest Service Land and Resource Management Plans set forth goals, 
objectives, advisable courses of action, and limitations to actions for 
National Forest System lands. The advisable courses of action and 
limitations to actions are called standards and guidelines. Some 
standards and guidelines will apply prairie-wide, while others will 
apply only to specific subdivisions, or management areas, of the 
prairie. The Prairie Plan will include a framework for monitoring and 
evaluation to determine whether progress is being made toward reaching 
the goals, objectives, standards, and guidelines established in the 
plan. Monitoring and evaluation allows for adaptive management so 
adjustments can be made to the Prairie Plan as needed. There are six 
primary decisions that are made in Forest Service Land and Resource 
Management Plans as follows:

1. Unit-wide multiple-use goals and objectives (36 CFR 219.11 (b))
2. Unit-wide management requirements (36 CFR 219.27)
3. Management Area direction (36 CFR 219.11 (c))
4. Monitoring and evaluation requirements (36 CFR 219.11 (d))
5. Lands suited/not suited for timber production (36 CFR 219.14)
6. Recommendations to Congress (if any) (36 CFR 219.17)

    For purposes of writing the Prairie Plan versus those plans written 
for National Forests, items 1-4 above will serve as the primary 
decisions to be made. With reference to item 5, the Midewin National 
Tallgrass Prairie does not contain lands suited for timber production 
because ``the land is not forest land * * * (36 CFR 219.14 (a) (1)).'' 
The reference for item 6 specifically mentions recommendations of 
``potential wilderness areas'' which, given the cultural history, 
existing roads and railroad beds, is not relevant to Midewin lands.
    In addition, project and activity level decisions may be made so 
long as they are specifically identified in the Record of Decision and 
site specific environmental effects are disclosed in the Environmental 
Impact Statement as required by the National Environmental Policy Act 
(NEPA).
    In June, 1992, the U.S. Army confirmed its intentions to 
decommission the Joliet Army Ammunition Plant (JAAP) located just north 
of Wilmington, Illinois, and 40 miles southwest of Chicago, Illinois. 
As a result of the issues and attention the closure of the JAAP 
generated, the Joliet Arsenal Citizen Planning Commission (JACPC), 
comprised of 24 members representing various conservation organizations 
and State and local governments, was formed and assigned the task of 
developing a concept plan that would outline a strategy for the future 
ownership and management of the decommissioned arsenal. The plan was a 
concept map that provided for the conversion of 3,000 acres into two 
industrial parks, the development of a 910-acre National Veterans 
Cemetery, the creation of a 455-acre County landfill, and the 
establishment of a 19,000-acre prairie. The concept map was unanimously 
approved by the JACPC on May 30, 1995.
    Legislation was drafted based on the JACPC concept map and signed 
as the Illinois Land Conservation Act of 1995 on February 10, 1996, 
adopting the JACPC concept map and establishing the Midewin National 
Tallgrass Prairie (MNTP). MNTP is a unit of the National Forest System 
and will be managed in cooperation with the State of Illinois in 
accordance with the Illinois Land Conservation Act of 1995 and the 
``laws, rules, and regulations pertaining to the National Forest System 
* * * (Section 2914 (b) (1)).''
    That portion of the Illinois Land Conservation Act of 1995 that is 
most significant to the planning process is Section 2914(c) which 
states that ``(t)he Midewin National Tallgrass Prairie (MNTP) is 
established to be managed for National Forest System purposes, 
including the following:
    I. To manage the land and water resources of the MNTP is a manner 
that will conserve and enhance the native populations and habitats of 
fish, wildlife, and plants.
    II. To provide opportunities for scientific, environmental, and 
land use education and research.
    III. To allow the continuation of agricultural uses of lands within 
the MNTP consistent with section 2915(b).\1\
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    \1\ No agricultural special uses authorization shall be issued 
for agricultural purposes which has a term extending beyond the date 
20 years from the date of the enactment of this title, except that 
nothing in this title shall preclude the Secretary of Agriculture 
from issuing agricultural special use authorizations or grazing 
permits * * * after twenty years * * * for purposes primarily 
related to * * * resource management activities consistent with the 
purpose of the Midewin National Tallgrass Prairie (Section 2915 
[b][3]).
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    IV. To provide a variety of recreation opportunities that are not 
inconsistent with the preceding purposes.
    This is the public's opportunity to get involved with the planning 
process for a new unit for the Forest Service that has been closed to 
public access for more than 50 years. The site has had little or no 
established uses other than agricultural leases and some hunting

[[Page 34846]]

opportunities. The MNTP is in its infancy of development and, within 
the parameters of the Illinois Land Conservation Act of 1995 and the 
laws and regulations that guide Forest Service programs, the Forest 
Service needs to know how the public would like to see the MNTP 
developed and managed.
    Numerous site tours, presentations, displays, Focus Group Sessions, 
meetings, and a Trails Working group have already taken place to 
provide information regarding Midewin, its history, the legislation, 
and the Forest Service planning process to individuals and 
organizations that have expressed an interest in the development and 
management of the MNTP. The meetings included two pre-Notice of Intent 
public workshops hosted by Midewin, in May, 1998, to review a draft 
Notice of Intent. Information gathered from these opportunities has 
been used to identify an initial set of significant issues that will 
need to be addressed in the Environmental Impact Statement. Those 
issues include: automobiles, bison and/or elk reintroduction, camping, 
cultural resources, dog trialing, emergency response, environmental 
education and interpretation, fishing, herbicide treatment, hunting, 
internal transportation system, prescribed fire, recreation facilities, 
trail systems, wetland restoration, and woody vegetation management.
    Based on the issues identified to date, the purposes for the 
management of the MNTP as outlined in the Illinois Land Conservation 
Act of 1995 and listed in this Notice of Intent, and the JACPC concept 
map, Medewin has developed a Prairie Plan proposal. This proposal will 
serve as the basis upon which individuals and organizations may comment 
regarding issues, concerns, or opportunities provided or not provided 
by the proposal. Issues, concerns, and opportunities already identified 
(listed above) and others raised through the comment period for this 
Notice of Intent will be evaluated and used to develop alternatives to 
the proposal for the Environmental Impact Statement.
    The primary activities that would occur under the proposal include: 
development of seed-producing nursery beds; reintroduction of bison and 
elk; integrated pest management; gradual conversion of cultivated row 
crops to prairie habitats; prescribed fire; wetland restoration; woody 
vegetation management; environmental education and interpretation 
programs; research opportunities; use of domestic livestock; designated 
access points; fishing for educational programs; hunting; internal 
transportation system (e.g., bus or tram); rail line access; recreation 
facilities (e.g., shelters picnic areas); an automobile loop; and a 
system of trails.
    The environmental analysis and decision-making process leading to 
the Prairie Plan will include opportunities for public participation 
and comment, so that individuals interested in this proposal may 
contribute to the decision-making process:

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           Tentative date                             Step                           Public involvement         
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June 1998..........................  Notice of Intent, Plan proposal......  60-day formal comment period,       
                                                                             written comments, open house       
                                                                             meeting.                           
Fall, 1998.........................  Alternative Development..............  Public workshops.                   
February, 1999.....................  Draft Environmental Impact Statement,  90-day formal comment period,       
                                      Proposed Plan.                         written comments, open house       
                                                                             meetings.                          
August, 1999.......................  Final Environmental Impact Statement,  Informational meetings to explain   
                                      Final Plan.                            Plan decisions.                    
----------------------------------------------------------------------------------------------------------------

    We will provide the public with general notices of opportunities to 
participate through mailings, news releases, an public meetings, 
various organizational newsletters, and the internet. Midewin's 
internet address is http://www.fs.fed.us/mntp/. In addition to formal 
opportunities for public comment, we will consider comments received at 
any time throughout the planning process. Midewin will host open house 
meetings to: 1) explain the planning process; 2) provide clarification 
of the proposal for the Prairie Plan; 3) describe ways that individuals 
can respond to this Notice of Intent; and 4) accept comments from the 
public on the propsoal for the Prairie Plan.
    The following open house meetings will be held from 5 PM to 8PM:

July 21, 1998--Beverly Bank, Wilmington, IL
July 23, 1998--Morton Arboretum, Lisle, IL
July 28, 1998--Governor State University, University Park, IL
July 29, 1998--Evanston Public Library, Evanston, IL
July 30, 1998--Morris Public Library, Morris, IL

DATES: Comments on this Notice of Intent should be received in writing 
by August 31, 1998.

ADDRESSES: Send written comments to: Prairie Planning, Midewin National 
Tallgrass Prairie, 30071 South State Route 53, Wilmington, Illinois 
60481.

FOR FURTHER INFORMATION CONTACT: Karen Nash, Planning Team Leader, at 
(815) 476-3135 or, to leave a message, (815) 423-6370. E-mail address: 
knash/[email protected].

SUPPLEMENTARY INFORMATION: Additional detail on this propsoal is 
provided in the ``Notice of Intent to Prepare an Environmental Impact 
Statement, Description of the Proposal for the Prairie Plan, and 
Supplementary Information'' and is available upon request. Those 
interested in Midewin and the planning process are encouraged to review 
this additional document prior to commenting on the Notice of Intent.
    The DEIS and the proposed Prairie Plan are expected to be be 
published early in 1999. The public comment period for the DEIS and 
proposed Prairie Plan will be 90 days from the date the U.S. 
Environmental Protection Agency publishes the Notice of Availability in 
the Federal Register.
    Comments received in response to this solicitation, including names 
and addresses of those who comment, will be considered part of the 
public record on this proposed action and will be available for public 
inspection. Comments submitted anonymously will be accepted and 
considered; however, those who submit anonymous comments will not have 
standing to appeal the subsequent decision under 36 CFR parts 215 or 
217.
    Additional, pursuant to 7 CFR 1.27(d), any person may request the 
agency to withhold a submission from the public record by showing how 
the Freedom of Information Act (FOIA) permits such confidentiality. 
Persons requesting such confidentiality should be aware that, under the 
FOIA, confidentiality may be granted in only very limited 
circumstances, such as to protect trade secrets.
    The Forest Service will inform the requester of the agency's 
decision regarding the request for confidentiality, and, where the 
requester is denied, the agency will return the submission and notify 
the requester that the comments

[[Page 34847]]

may be resubmitted with or without name and address within 10 days.
    The Forest Service believes that, at this early stage, it is 
important to give notice to those intending to review the DEIS of court 
rulings related to public participation in the environmental review 
process. First, reviewers of a DEIS must structure their participation 
in the environmental review of the proposal so that it is meaningful 
and alerts an agency to the reviewer's position and contentions 
(Vermont Yankee Nuclear Power Corp. v. NRDC U.S. 519, 533 [1978]). 
Also, environmental objections that could be raised at the DEIS stage 
but are not raised until after completion of the Final Environmental 
Impact Statement may be waived or dismissed by the courts (City of 
Angoon v. Hodel, 803 F.2d 1016, 1022 [9th Cir. 1986] and Wisconsin 
Heritages, Inc. v. Harris, 409 F. Supp. 1334, 1338 [E.D. Wis. 1980).
    Because of these court rulings, it is very important that those 
interested in this proposed action participate by the close of the 90-
day comment period on the DEIS, so that substantive comments and 
objections are made available to the Forest Service at a time when it 
can meaningfully consider them and respond to them in the Final 
Environmental Impact Statement.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments on the DEIS should be as 
specific as possible. It is also helpful if comments refer to specific 
pages or chapters of the DEIS or the merits of the alternatives 
formulated and discussed in the statement.
    Reviewers may wish to refer to the Control on Environmental Quality 
regulations for implementing the procedural provisions of the National 
Environmental Policy Act (at 40 CFR 1503.3) in addressing these points.
    The responsible official is Robert T. Jacobs, Regional Forester, 
Eastern Region, 310 W. Wisconsin Avenue, Milwaukee, Wisconsin 53203.

    Dated: June 22, 1998.
Robert T. Jacobs,
Regional Forester.
[FR Doc. 98-17093 Filed 6-25-98; 8:45 am]
BILIING CODE 3410-11-M