Notice2023-16639
Notice of Intent To Prepare an Environmental Impact Statement and Initiate Section 106 Public Consultation Regarding Removal of the Confederate Memorial From Arlington National Cemetery
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Published
August 4, 2023
Issuing agencies
Defense DepartmentArmy Department
Abstract
The Department of the Army intends to prepare an Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA) and to conduct the section 106 public consultation process under the National Historic Preservation Act (NHPA) to address potential environmental effects associated with the congressionally-mandated removal of the Confederate Memorial from Arlington National Cemetery (ANC). This notice initiates a 30-day public scoping period, during which the Army will solicit comments on the proposed action. The 30-day public scoping period will include a virtual public meeting.
Full Text
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<title>Federal Register, Volume 88 Issue 149 (Friday, August 4, 2023)</title>
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[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Notices]
[Pages 51786-51787]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16639]
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DEPARTMENT OF DEFENSE
Department of the Army
Notice of Intent To Prepare an Environmental Impact Statement and
Initiate Section 106 Public Consultation Regarding Removal of the
Confederate Memorial From Arlington National Cemetery
AGENCY: Department of the Army, DoD.
ACTION: Notice of intent (NOI); public meetings.
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SUMMARY: The Department of the Army intends to prepare an Environmental
Impact Statement (EIS) under the National Environmental Policy Act
(NEPA) and to conduct the section 106 public consultation process under
the National Historic Preservation Act (NHPA) to address potential
environmental effects associated with the congressionally-mandated
removal of the Confederate Memorial from Arlington National Cemetery
(ANC). This notice initiates a 30-day public scoping period, during
which the Army will solicit comments on the proposed action. The 30-day
public scoping period will include a virtual public meeting.
DATES: Written scoping comments must be sent within 30 days of
publication of this NOI in the Federal Register. Public comment under
NEPA and the NHPA may be executed concurrently to optimize efficiency,
transparency, and accountability. There will be a virtual public
meeting covering both the NEPA and NHPA processes. This virtual public
meeting will take place August 23, 2023. The meeting time and
instructions on how to access the meeting will be publicly announced,
including on the ANC web page.
ADDRESSES: Written comments may be sent by the following methods:
Website form located at: <a href="https://www.arlingtoncemetery.mil/About/Confederate-Memorial-Removal">https://www.arlingtoncemetery.mil/About/Confederate-Memorial-Removal</a>.
Mail: Ms. Renea Yates, Director, Office of Army Cemeteries, 1
Memorial Avenue, Arlington, VA 22211.
FOR FURTHER INFORMATION CONTACT: Ms. Renea Yates, Director, Office of
Army Cemeteries, 1 Memorial Avenue, Arlington, VA 22211; email: <a href="/cdn-cgi/l/email-protection#0c6d626f216f6361616961637e6d78657a69217b637e677f4c6d7e617522616560"><span class="__cf_email__" data-cfemail="b0d1ded39dd3dfddddd5dddfc2d1c4d9c6d59dc7dfc2dbc3f0d1c2ddc99eddd9dc">[email protected]</span></a>; (877) 907-8585.
SUPPLEMENTARY INFORMATION: Congress directed the establishment of the
Commission on the Naming of Items of the DoD that Commemorate the
Confederate States of America or Any Person Who Served Voluntarily with
the Confederate States of America (the Naming Commission) in section
370 of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (FY21 NDAA). Regarding the Confederate
Memorial, the Naming Commission recommended the following:
--``The statue atop . . . the monument should be removed. All bronze
elements on the monument should be deconstructed, and removed,
preferably leaving the granite base and foundation in place to minimize
risk of inadvertent disturbance of graves.''
--``The work should be planned and coordinated with the Commission of
Fine Arts and the Historical Review Commission to determine the best
way to proceed with removal of the monument.''
--``The Department of [the] Army should consider the most cost-
effective method of removal and disposal of the monument's elements in
their planning.''
The FY21 NDAA, section 370(a), requires that ``[n]ot later than
three years after the date of the enactment of this Act, the Secretary
of Defense shall implement the plan submitted by [the Naming
Commission] and remove all names, symbols, displays, monuments, and
paraphernalia that honor or commemorate the Confederate States of
America . . . or any person who served voluntarily with the Confederate
States of America from all assets of the Department of Defense.''
The purpose of the proposed action is to remove from ANC a monument
that commemorates the Confederate States of America. The need for the
proposed action is to comply with non-discretionary congressional
direction. The removal of the Confederate Memorial must be conducted in
a manner that ensures the safety of the people who work at and visit
ANC and that protects surrounding graves and monuments. The entire
process, including disposition, must occur according to applicable
laws, policies, and regulations.
The EIS will look at the impacts of removal of the statue atop the
monument, disassembly of the bronze elements, and disposition of both.
The Army intends to leave the granite base and foundation in place.
NEPA requires consideration of a no-action alternative as a baseline
against which impacts of the proposed action can be analyzed. The no-
action alternative--while serving as a baseline for analysis--will not
be considered for implementation, as it would not comply with
congressional direction.
[[Page 51787]]
The EIS will consider potential adverse impacts associated with the
proposed action. The EIS will also contemplate measures that would
avoid, minimize, or mitigate identified adverse impacts. The proposed
action is expected to require review and approval by the Commission of
Fine Arts and coordination with the National Capital Planning
Commission. The decision-making process will include publication of a
Draft EIS, a Final EIS, and a Record of Decision.
Federal, Tribal, state, and local agencies, along with members of
the public, are invited to participate in the NEPA and NHPA processes.
The NEPA scoping process will identify factors that will influence the
NEPA analysis, including alternatives and mitigation. The EIS will
address input provided during the August 23, 2023, meeting and the 30-
day public scoping period, along with other information and analyses
relevant to the proposed action.
The August 23, 2023 meeting will initiate the public consultation
process required by the NHPA. The Army will seek input regarding
alternatives that will avoid, minimize, or mitigate adverse effects of
the monument's removal. In terms of the NHPA, the scoping process will
provide the public with information about the undertaking and its
effects on historic properties and will seek public comment and input
in accordance with 36 CFR 800.2(d). Interested persons may submit
written comments. Written comments must be sent within 30 days of
publication of this NOI in the Federal Register.
A virtual public meeting will be held August 23, 2023. The meeting
time and instructions on how to access the meeting will be publicly
announced, including on the ANC web page. Pertinent materials,
including all posters, fact sheets, and comment forms, will be made
available online at: <a href="https://www.arlingtoncemetery.mil/About/Confederate-Memorial-Removal">https://www.arlingtoncemetery.mil/About/Confederate-Memorial-Removal</a>.
James W. Satterwhite Jr.,
U.S. Army Federal Register Liaison Officer.
[FR Doc. 2023-16639 Filed 8-3-23; 8:45 am]
BILLING CODE 3711-02-P
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