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, 51786-51787 [2023-16639]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Army

[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Notices]
[Pages 51786-51787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: https://www.arlingtoncemetery.mil/About/Confederate-Memorial-Removal.
    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: [email protected]; (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: https://www.arlingtoncemetery.mil/About/Confederate-Memorial-Removal.

James W. Satterwhite Jr.,
U.S. Army Federal Register Liaison Officer.
[FR Doc. 2023-16639 Filed 8-3-23; 8:45 am]
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