Notice2023-24302
Arlington National Cemetery, Withdrawal of Notice of Intent To Prepare an Environmental Impact Statement Regarding Removal of the Confederate Memorial
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 3, 2023
Issuing agencies
Defense DepartmentArmy Department
Abstract
The Department of the Army is announcing withdrawal of its Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS). The August 4, 2023, notice announced the Army's intention to prepare an EIS under the National Environmental Policy Act (NEPA). The EIS would have addressed potential environmental effects associated with the congressionally-mandated removal of the Confederate Memorial from Arlington National Cemetery (ANC). The Army determined the congressionally-mandated removal action is a non-discretionary action. There would be no reasonably foreseeable significant impacts from any discretionary elements of the proposed action. An EIS is therefore not needed to inform any decision-making for this action. The Army will prepare an Environmental Assessment (EA) to analyze and disclose any effects of the discretionary elements of the proposed action, including how to disassemble the Confederate Memorial.
Full Text
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<title>Federal Register, Volume 88 Issue 212 (Friday, November 3, 2023)</title>
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[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Notices]
[Pages 75564-75565]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24302]
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DEPARTMENT OF DEFENSE
Department of the Army
Arlington National Cemetery, Withdrawal of Notice of Intent To
Prepare an Environmental Impact Statement Regarding Removal of the
Confederate Memorial
AGENCY: Department of the Army, DoD.
ACTION: Notice of intent; withdrawal.
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SUMMARY: The Department of the Army is announcing withdrawal of its
Notice of Intent (NOI) to prepare an Environmental Impact Statement
(EIS).
[[Page 75565]]
The August 4, 2023, notice announced the Army's intention to prepare an
EIS under the National Environmental Policy Act (NEPA). The EIS would
have addressed potential environmental effects associated with the
congressionally-mandated removal of the Confederate Memorial from
Arlington National Cemetery (ANC). The Army determined the
congressionally-mandated removal action is a non-discretionary action.
There would be no reasonably foreseeable significant impacts from any
discretionary elements of the proposed action. An EIS is therefore not
needed to inform any decision-making for this action. The Army will
prepare an Environmental Assessment (EA) to analyze and disclose any
effects of the discretionary elements of the proposed action, including
how to disassemble the Confederate Memorial.
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#2d4c434e004e4240404840425f4c59445b48005a425f465e6d4c5f405403404441"><span class="__cf_email__" data-cfemail="3b5a555816585456565e5654495a4f524d5e164c544950487b5a49564215565257">[email protected]</span></a> (Note: This email is for administrative
inquiries only. Any comments regarding the proposed action should not
be sent to this email address, but should instead be submitted via
comment form located at: <a href="https://www.arlingtoncemetery.mil/About/Confederate-Memorial-Removal">https://www.arlingtoncemetery.mil/About/Confederate-Memorial-Removal</a>.); (877) 907-8585.
SUPPLEMENTARY INFORMATION: The NOI was published in the Federal
Register on August 4, 2023 (88 FR 149).
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
[January 1, 2024], 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 public scoping process did not reveal evidence of any
reasonably foreseeable significant impacts resulting from discretionary
actions. Overwhelmingly, public comments during the scoping process
focused on the non-discretionary action of removing the Confederate
Memorial from ANC. Because removal of the Confederate Memorial from ANC
is legally required and non-discretionary, the question of whether to
remove the monument is not subject to analysis under NEPA. The Army
does not have the authority to take environmental factors into
consideration in determining whether to remove the monument.
The Army will prepare an EA to analyze discretionary actions (i.e.,
how to disassemble and remove the Confederate Memorial's bronze
elements). The EA and Draft Finding of No Significant Impact (Draft
FONSI) will be published locally and not in the Federal Register. The
EA and Draft FONSI will also be 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. 2023-24302 Filed 11-2-23; 8:45 am]
BILLING CODE 3711-02-P
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