[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
________________________________________________________________________
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
appearing in this section.
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Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 /
Notices
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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
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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.
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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
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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