[Federal Register: September 19, 2002 (Volume 67, Number 182)]
[Page 59073-59074]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

Notice of Availability of the Draft Joint Restoration Plan and 
Environmental Assessment for the Lower Fox River and Green Bay Area

AGENCY: Fish and Wildlife Service, Interior, lead; National Oceanic and 
Atmospheric Administration, Commerce, cooperating agency; Bureau of 
Indian Affairs, Interior, invited to be a cooperating agency, response 

ACTION: Notice of 30 day comment period.


SUMMARY: This notice advises the public and other agencies of the 
availability of the draft document titled ``Joint Restoration Plan and 
Environmental Assessment for the Lower Fox River and Green Bay Area'' 
(Plan) for public review and comment. Prior to implementing restoration 
projects Federal agencies are required to analyze alternatives to 
restore, rehabilitate, replace and/or acquire the equivalent of those 
natural resources injured and related services lost to the public 
associated with those resources. This analysis is contained in the Plan 
as required by the National Environmental Protection Act (NEPA) for the 
Federal action of restoration project implementation. This notice is 
provided pursuant to Natural Resource Damage Assessment and Restoration 
(NRDAR) regulations (43 CFR 11.81(d)(4)) and NEPA regulations (40 CFR 

DATES: Written comments must be received on or before October 21, 2002.

ADDRESSES: Persons wishing to review the document may obtain copies by 
contacting: Colette S. Charbonneau, 1015 Challenger Court, Green Bay, 
Wisconsin 54311, Telephone: (920) 465-7407, Fax: (920) 465-7410, e-
mail: colette--charbonneau@fws.gov. The document is also available at 
the following Internet address: http://midwest.fws.gov/nepa/. See 
SUPPLEMENTARY INFORMATION section for library addresses where copies 
may also be viewed.



    The U.S. Department of the Interior (represented by the U.S. Fish 
and Wildlife Service and the Bureau of Indian Affairs), U.S. Department 
of Commerce (represented by the National Oceanic and Atmospheric 
Administrations), Oneida Tribe of Indians of Wisconsin, Menominee 
Indian Tribe of Wisconsin, Wisconsin Department of Natural Resources 
and Michigan Attorney General (Trustees) are trustees for natural 
resources considered in this NRDAR project, pursuant to subpart G of 
the National Oil and Hazardous Substances Pollution Contingency Plan 
(40 CFR 300.600 and 300.610) and Executive Order 12580.
    The Trustees have a Memorandum of Agreement which establishes a 
Trustee Council to develop and implement a restoration plan for 
ecological restorations in the Fox River Valley and Green Bay 
watershed. The Trustees followed the NRDAR regulations found at 43 CFR 
part 11 for the development of the Plan.
    The draft Joint Restoration Plan and Environmental Assessment will 
be finalized prior to implementation after all public comments received 
during the public comment period are considered. Any significant 
additions or modifications to the Plan as restoration actions proceed 
will be made available for public review before any tasks called for in 
the addendum or modification are undertaken.
    The objective of the NRDAR process in the Lower Fox River and Green 
Bay area is to compensate the public, through environmental 
restoration, for losses to natural resources that have been caused by 
historic releases of polychlorinated biphenyls (PCBs) into the 
environment. The Comprehensive Environmental Response, Compensation and 
Liability Act (CERCLA, more commonly known as the Federal ``Superfund'' 
law) [42 U.S.C. 9601, et seq.] and the Federal Water Pollution Control 
Act (commonly known as the Clean Water Act (CWA)) [33 U.S.C. 1251, et 
seq.] authorize states, federally recognized tribes, and certain 
Federal agencies that have authority to manage or control natural 
resources, to act as ``trustees'' on behalf of the public, to restore, 
rehabilitate, replace, and/or acquire natural resources equivalent to 
those harmed by release of hazardous substances. The Trustees have 
worked together, in a cooperative process, to determine appropriate 
restoration activities to address natural resource injuries caused by 
historic releases of PCBs into the Lower Fox River and Green Bay 
environment. The results of this administrative process are contained 
in a series of planning and decision documents that have been published 
for public review under CERCLA and the CWA. Natural resource damages 
received, either through negotiated settlements or adjudicated awards, 
must be used to restore, rehabilitate, replace and/or acquire the 
equivalent of those natural resources that have been injured. The Plan 
addresses the Trustees' overall approach

[[Page 59074]]

to restore, rehabilitate, replace or acquire the equivalent of natural 
resources injured by the release of PCBs into the Lower Fox River and 
Green Bay environment.

Public Involvement

    Interested members of the public are invited to review and comment 
on the Plan. Copies can be requested from the address listed above. 
Comments on the Plan should be sent to the U.S. Fish and Wildlife 
Service at the address listed above. The U.S. Fish and Wildlife Service 
will provide copies of all comments to the other Trustees. All comments 
received from individuals become part of the official public record. 
Requests for such comments will be handled in accordance with the 
Freedom of Information Act and the Council on Environmental Quality's 
NEPA regulations (40 CFR 1506.6(f)). Our practice is to make comments, 
including names and home addresses of respondents, available for public 
review during regular business hours. Individual respondents may 
request that we withhold their home address from record, which we will 
honor to the extent allowable by law. If a respondent wishes us to 
withhold his/her name and/or address, this must be stated prominently 
at the beginning of the comment.


    In addition to obtaining a personal copy of the document at the 
address listed above, copies will also be available for onsite review 
at the Appleton Public Library, 225 North Oneida Street, Appleton, 
Wisconsin; Brown County Library, 515 Pine Street, Green Bay, Wisconsin; 
Door County Library, 104 South Fourth Avenue, Sturgeon Bay, Wisconsin; 
Oneida Community Library, 201 Elm Street, Oneida, Wisconsin; Oshkosh 
Public Library, 106 Washington Avenue, Oshkosh, Wisconsin; and the 
Escanaba Public Library, 400 Ludington Street, Escanaba, Michigan.

    Dated: September 6, 2002.
William F. Hartwig,
Regional Director, Region 3, Fort Snelling, MN.
[FR Doc. 02-23787 Filed 9-18-02; 8:45 am]