Environmental Assessment Forest Lodge...

Environmental Assessment Forest Lodge Lease

United States Department of Agriculture Forest Service Great Divide Ranger District

Chequamegon-Nicolet National Forest December 2016

Ashland, Bayfield, and Sawyer Counties, Wisconsin

Townships 40 - 44 North, Ranges 3 - 7 West

For Information Contact: Michael Martin Chequamegon-Nicolet National Forest

Great Divide Ranger District Glidden Office

22223 State Highway 13 P.O. Box 126

Glidden, WI 54527 Phone: 715-264-2511

Fax: 715-264-3307 TTY: 711 (National Relay System)

Business hours: Monday - Friday 7:30 a.m. - 4 p.m. E-mail: [email protected]

mailto:[email protected]

Forest Lodge Lease Environmental Assessment & Finding of No Significant Impact

Page 2 of 20 Chequamegon-Nicolet National Forest

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Table of Contents

Contents ................................................................................................................................ Page

Chapter 1 Introduction, Purpose and Need, Public Involvement, and Issues ............................. 4

1.1 Background and Location .................................................................................................... 4

1.2 Purpose and Need for Action ............................................................................................... 6

1.3 Proposed Action Summary .................................................................................................. 6

1.4 Scope .................................................................................................................................. 7

1.5 Management Direction and Decisions to be Made ............................................................... 7

1.6 Public Involvement ............................................................................................................... 8

1.7 Tribal Involvement ............................................................................................................... 9

1.8 Issues and Concerns ........................................................................................................... 9

Chapter Alternatives................................................................................................................ 9

2.1 Alternative 1 – No Action ..................................................................................................... 9

2.2 Alternative 2 – Proposed Action ......................................................................................... 10

2.3 Alternatives Considered, Not Analyzed in Detail ................................................................ 11

Chapter Environmental Consequences ....................................... 12

3.1 Alternative 1 – No Action ................................................................................................... 12

3.2 Alternative 2 – Proposed Action ......................................................................................... 12

3.3 Consistency With Laws, Executive Orders, and Other Applicable Management Direction . 13

Chapter , and Others Consulted, and References ....................................... 15

4.1 Agencies, Tribes, and Others Consulted & Coordinated With ............................................ 15

4.2 Literature Cited and References Used ............................................................................... 15

Finding of No Significant Impact .................................................................................................. 16



Introduction, Purpose and Need, Public Involvement, and Issues The Forest Service has prepared the Forest Lodge Lease Environmental Assessment (EA) in compliance with the National Environmental Policy Act (NEPA), National Forest Management Act (NFMA), and Council on Environmental Quality (CEQ) regulations 40 CFR 1500-1508. This EA discloses direct, indirect, and cumulative environmental impacts resulting from the No Action Alternative (Alternative 1) and Proposed Action Alternative (Alternative 2).

The Proposed Action is to issue a long-term lease under the Historic Preservation Act for the occupancy and use of the Forest Lodge Historic District for education and research to create a premier center for environmental leadership and conservation. Activities may also take place in other nearby locations on the Chequamegon-Nicolet National Forest.

1.1. Background and Location Background Forest Lodge is an 870-acre estate on the shores of Lake Namekagon, near Cable. In 1902, Crawford Livingston, a wealthy St. Paul, Minnesota, businessman, purchased an initial 100 acres of clear-cut forestland for $904 to serve as a country retreat for hunting, fishing and outdoor recreation. He built a summer cabin and he and his family watched the forest grow back. Livingston’s granddaughter, the late Mary Griggs Burke, inherited Forest Lodge in 1943. Her wish to see it preserved compelled her to donate the estate and surrounding acreage to the American people with the intent of creating a premier center for environmental leadership, sustainability and conservation education.

Working through the Trust for Public Land (TPL), a national non-profit land conservation organization, she donated Forest Lodge to the Forest Service in 1999. The property included 14 historic buildings and 3 ½ miles of undeveloped shoreline on Lake Namekagon, headwaters to the St. Croix Namekagon National Scenic Riverway. At the same time, Congress appropriated $4 million, which was transferred to the St. Paul Foundation to form an endowment for the restoration and upkeep of the Historic District. Forest Lodge Advisory Council, a public-private committee is made up of members of the donor's family, the President of Northland College, a representative of the Wisconsin Department of Natural Resources, a representative of the Wisconsin Historical Society, representatives of the Cable Natural History Museum and TPL, and representatives of the public.

Forest Lodge was added to the National Register of Historic Places in 2002, and the Forest Service assumed control of the estate in 2012 after Mary Griggs Burke passed. Since 1999, the Forest Service and Forest Lodge Advisory Council have been working to develop an internationally known campus for ecological study, research, art, teaching, and conversation.

Location and Description of Area The Forest Lodge estate is located about 8 miles east of Cable, Wisconsin on the Chequamegon-Nicolet National Forest in northern Wisconsin (see Figure 1). Located among old growth forest, this north woods retreat is situated along more than two miles of Lake Namekagon’s pristine southern shoreline.



Figure 1: Forest Lodge Historic District and Special Management Areas

Special Management Areas (SMA) are established to protect and foster public use and enjoyment of areas with outstanding scenic, historical, geological, botanical, or other special characteristics. SMAs are managed in such a manner that the ecosystems are protected against



serious environmental disruptions. Research is implemented compatibly with preserving the botanical environment. SMAs may also provide recreation opportunities.

There are four congressionally designated SMAs on the 872-acre Forest Lodge property: Fairyland Research Natural Area; Mary Griggs Burke Scenic Special Management Area; Mary Griggs Burke Botanical Special Management Area; and the Mary Livingston Griggs Historical Special Management Area (known as Forest Lodge).

A Historical SMA includes land possessing a significant site or concentration of sites, buildings, structures, or objects historically by plan or physical development, including memorial areas. At Forest Lodge, there are 14 historic buildings on the grounds: gatehouse; gatehouse garage; boathouse; guest house; cow palace; maid’s cabin; main lodge; ice house; lake water pump house; stone house storage building; greenhouse; steamer fire engine shed; tennis house; and storm shelter/root cellar.

Limited facilities are currently in use, and many others are in need of rehabilitation prior to public use. Only buildings that meet building code regulations, and that are deemed safe for use by the Chequamegon-Nicolet National Forest Service, can be utilized for programming. The Forest Service is actively implementing facility rehabilitation for public use as financial resources become available. Rehabilitation includes environmentally-friendly methods and preservation that is consistent with the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. By 2020, it is expected that all of the buildings at Forest Lodge will be available for public use, including use by the lessee. The duration for complete rehabilitation is limited by available funding from the Forest Lodge Endowment and other sources.

1.2. Purpose and Need for Action The purpose of the proposed lease is to better meet the vision, mission, and goals as described in the Forest Lodge Historic District Master Site & Management Plan. Fulfilling the programmatic terms of the Endowment Agreement requires resources and expertise beyond that of the U.S. Forest Service. Therefore, the Forest Lodge Advisory Council and Forest Service turned to Northland College, in Ashland, Wisconsin, to develop and implement programmatic outreach. A partnership with a lessee would ensure preservation of the estate’s infrastructure through consistent public use.

A lease accommodation is possible through the National Historic Preservation Act of 1966, which recognizes the value of historic properties through appropriate active use through lease to responsible entities. For a lessee’s long-term operation of Forest Lodge, and to justify resource investment in outreach programming, a Historic Preservation Lease from the Forest Service is required. Under such a lease, a lessee would operate Forest Lodge as an environmental education and conference center.

1.3. Proposed Action Summary The Forest Service proposes to authorize a 60-year Occupancy and Use lease of the 50-acre Mary Livingston Griggs Historical Special Management Area (Forest Lodge) and its buildings. The lease would authorize the lessee to conduct educational and research programs and activities on the Chequamegon-Nicolet National Forest. These activities would be primarily based out of the Forest Lodge property, but other activities may take place in other areas.



1.4. Scope Temporal Scope: The Forest Lodge lease would be for 60 years, from 2016 to 2076.

Spatial Scope: The spatial scope of the Forest Lodge lease would be for the 50-acre Mary Livingston Griggs Historical Special Management Area and its buildings. Activities would be conducted primarily on and around the Forest Lodge property, but the lessee may use other areas, including, but not limited to, the North Country Trail, the Rock Lake Trail system, Namakagon Campground, the Porcupine Lake Wilderness, and other undeveloped portions of the Forest.

1.5. Management Direction and Decisions to be Made This EA is tiered to the 2004 Chequamegon-Nicolet National Land and Resource Management Plan (Forest Plan) and its 2004 Final Environmental Impact Statement (FEIS), and is within the scope of its Record of Decision (FEIS DN). Forest-wide guidelines for Heritage Resources are found on page 2-29. Forest direction for Special Management Areas (MA 8F) is found on pages 3-53 and 3-54.

This lease proposal supports Forest Plan Heritage Resources Goal 2.4 to “Manage cultural heritage to provide future generations an opportunity to appreciate and experience the Forests’ diversity of human history, American heritage, and the delicate ecological relationship between people and the land (p. 1-6).

This proposal would address the following Forest Plan goals and objectives:

• Goal 2.4 - Heritage Resource, “Manage cultural heritage to provide future generations an opportunity to appreciate and experience the Forests’ diversity of human history, American heritage, and the delicate ecological relationship between people and the land” (Forest Plan, p. 1-6);

• Objective 2.4d, “Increase awareness and appreciation of our cultural heritage through Forest public education programs such as “Passport in Time,” university–sponsored archeology field schools, public presentations, etc.” (Forest Plan, p. 1-6);

• Goal 3.3 – Public and Organizational Relations, “Cooperate with individuals and organizations, and local, state, tribal, and federal governments to promote ecosystem health and sustainability across landscapes” (Forest Plan, p. 1-7); and

• Objective 3.3b, “Through partnerships, encourage, establish, and sustain a diverse and well-balanced range of recreational services and facilities on the Forests.” (Forest Plan, p. 1-8.).

Based on the Purpose and Need, and the analyses in this document and the project record, the Forest Supervisor of the Chequamegon-Nicolet National Forest, as the responsible official, will decide whether or not to proceed with the No Action Alternative (Alternative 1), the Proposed Action Alternative (Alternative 2), or a modified alternative within the range of these analyzed alternatives. The decision will include any required design features, mitigations measures, monitoring, and periodic review of the lease and plan of operations. The responsible official will also decide if the Proposed Action poses significant risks that should be addressed in an Environmental Impact Statement.



1.6. Public Involvement Public participation helps the Forest Service identify concerns with possible effects and alternatives to its proposals. This information enables the responsible official to make decisions with an understanding of their environmental and social consequences. It also helps the Forest Service to publicly disclose the nature and consequences of actions on National Forest System (NFS) lands.

In 1999, Forest Lodge was transferred into federal ownership. Since that time, public involvement and outreach have been an integral part of all aspects of program development. One of the primary goals for this historic property is to secure a long-term tenant because long-term occupancy and use equates to building preservation. The proposed lease for Forest Lodge is the method that will allow long-term occupancy and use to occur. The following is a summary of the outreach efforts conducted to help share the vision of Forest Lodge with the public:

• Establishment of the Forest Lodge Advisory Board (1999 - Present).

• Hiring of the Forest Lodge Coordinator to promote the project and further partnership development through education and outreach (2009 - Present).

• Presentations to multiple groups, organizations, and individuals (2009 - Present).

• Development of the Forest Lodge Historic District Master Site and Management Plan which included extensive public involvement (June 2011).

• Update of the Forest Lodge Historic District Master Site and Management Plan based on numerous public meetings with partners (July 2012 to Present; updated plan complete June 2016).

• On-site facility tours with interested members of the public, elected officials, NGOs, and other local, state, and federal agencies (2012 - 2016).

• Personal contacts with adjoining property owners (Ongoing).

• MOUs with Northland College, 3 Sigma Institute, Namekagon River Partnership, and Cable Natural History Museum pledging to build partnerships at Forest Lodge that have led to widespread publicity and course and tour offerings to the public at Forest Lodge.

• Scoping for the reconstruction of the Guest House, Boat House, and site electrical upgrades (May 2015).

• Scoping for the Northland College Outfitter Guide Special Use Permit, which included educational activities at Forest Lodge (February 2015).

• Publishing of multiple articles in local and regional newspapers, as well as television interviews regarding restoration and partnership efforts.

It is through these outreach activities that the public has been informed about historic restoration, partnership opportunities, and general activities at Forest Lodge. Additional details about public involvement are filed in the project record.

Given the extensive public outreach that has taken place, the Scoping and the Notice and Comment periods for the project were combined. That additional opportunity for the public to provide comments regarding the proposed lease was made available through the process detailed



in the Scoping and the 30-Day Notice & Comment Period letter which accompanied the draft EA/FONSI. No additional comments were received during the Scoping and the 30-Day Notice & Comment Period.

1.7. Tribal Involvement Tribal consultation specific to the issuance of a Special Use Permit to Northland College was initiated on January 9, 2015, and consultation specific to the restoration of the Gate House, Boat House, and site electrical upgrades was initiated on June 4, 2015. For both projects, consultation included contacts with the Great Lakes Indian Fish and Wildlife Commission (GLIFWIC), the Bad River Band of Lake Superior Chippewa, the Lac Courte Oreilles (LCO) Band of Lake Superior Chippewa, the St. Croix Chippewa of Wisconsin, the Lac du Flambeau Band of Lake Superior Chippewa Indians, and the Mille Lacs Band of Chippewa Indians. No concerns were identified for either project.

In addition, a personal contact was made with Mic Isham, LCO Tribal Chairman at the October 1, 2015 Voigt Task Force meeting regarding historic restoration and long-term partnership opportunities at Forest Lodge. No concerns were raised.

LCO Ojibwe Community College, LCO Tribal Chair, GLIFWC representatives, and Bad River Elder and Voight Task Force member Joe Rose toured the site in the summer of 2015.

On June 17, 2016, a Memorandum of Understanding was signed by LCO and the U.S. Forest Service for the purpose of facilitating cooperation between the parties in the development of strategies and activities that use Forest Lodge and the Northern Great Lakes Visitor Center to carry out the missions of both partners.

A letter and map describing the proposed Forest Lodge Lease were sent to tribes believed to be interested in or potentially impacted by this project. No comments were received from the tribes during the Scoping and 30-Day Notice and Comment Period.

1.8. Issues and Concerns Issues are used to help generate alternatives, formulate mitigation, or prescribe monitoring. Comments and suggestions received on the proposed lease of Forest Lodge from tribes and the public were reviewed by the Chequamegon-Nicolet National Forest Supervisor and interdisciplinary team to determine if additional alternatives, design features, mitigation, or monitoring should be considered. No additional issues were identified during the Scoping and 30-Day Notice and Comment Period, nor were any additional issues identified internally.

Alternatives Two alternatives have been analyzed in detail: Alternative 1, the No Action Alternative; and Alternative 2, the Proposed Action Alternative. Alternative 2 was designed to meet the project’s purpose and need.

2.1. Alternative 1 – No Action The No Action Alternative, through the effects analysis, contrasts the impacts of the Proposed Action Alternative with the current condition and expected future condition if Alternative 1 were implemented (36 CFR 220.7(b)(2)(ii)).



Under Alternative 1, a lease would not be granted to conduct educational and research programs and activities at Forest Lodge on the Chequamegon-Nicolet National Forest. Northland College is currently conducting limited education programs under a Special Use Permit (SUP) that expires June 1, 2017.

Currently authorized activities, such as building restoration and fire suppression, would be continued by the Forest Service. The Great Divide District Ranger would likely continue to issue SUPs to permittees for authorized uses of the Forest Lodge area. The permits would reflect the current management.

2.2. Alternative 2 – Proposed Action Alternative 2, the Proposed Action, would authorize the issuance of a 60-year lease. The lease would cover use, occupancy, and maintenance of the Forest Lodge site and buildings, along with other areas and facilities on the Chequamegon-Nicolet National Forest that are incidental to carrying out the education and research mission and goals. The Operating Plan, reviewed annually, would define the uses of the Forest Lodge property and its buildings.

The lessee would serve as the operator of Forest Lodge and would coordinate the use of its facilities for itself and by other institutions, organizations, and public and private groups. Daily operation and program implementation would be coordinated by the lessee.

Activities would include outdoor experiential programs, ecological research, local and national conferences, workshops, seminars, and special events. The lessee would host programs and events, as well as coordinate use by other institutions, organizations, and public and private groups. Subjects would include aquatic ecosystem study and research, natural history, teamwork and leadership skills building, and environmental education instruction. Other activities, including night hikes, owl calling, water ecology instruction on Lake Namekagon, and canoe safety training would also occur.

The lessee would coordinate day and residential programs including workshops, conferences, seminars, college credit and non-credit courses, interpretive tours, skills certifications, environmental education classes, and arts and humanities programs related to the natural world. New programs would be implemented each year, but many programs and research projects would occur on an annual basis. The lessee would also promote Forest Lodge for natural resource research and monitoring.

Minor maintenance by the lessee would include activities such as snow removal, gutter cleaning, facility cleaning, small painting projects, and repair of items such as a screen door with in-kind materials. Under the lease, the lessee would not do major maintenance or capital investment projects such as reconstructing the maids cabin/lodge/cow palace foundation, re-roofing a structure, replacing a furnace, or re-siding an entire building. Tasks such as these would remain the responsibility of the Forest Service.

Maintenance or repair items that do not fit into these categories would be brought to the attention of the Chequamegon-Nicolet National Forest. If a plan has not already been developed for how to accomplish the specific maintenance or repairs, the Forest would develop a plan. The State Historic Preservation Office (SHPO) would be consulted as necessary.

To generate funds for operation, facilities may be rented out for day use, overnight programs, and possibly on a short-term basis. In the near future, the lessee’s operations and partnerships



would expand and programming in and around Forest Lodge would increase. As Forest Lodge’s facilities are renovated, the lessee will utilize, and promote the use of, additional meeting and conference spaces, classrooms, lodging, kitchens, dining rooms, and bathrooms. Furthermore, the lessee is committed to arranging symposia, courses, programs, and research at Forest Lodge through collaboration with the Forest Service and agreement for operation through a 60-year Historic Preservation Lease.

The use and occupancy of Forest Lodge by the lessee would not be exclusive. The Forest Service reserves the right of use and access to Forest Lodge. The Forest Service also reserves the right to allow others to use Forest Lodge for activities consistent with the mission of Forest Lodge. Except for any restrictions that the lessee and the authorized officer agree are necessary, Forest Lodge grounds shall remain open to the public for all lawful purposes.

Use of buildings could take place once each building is restored (by the Forest Service and contractors) and compliant with applicable building and safety codes. Each building has limits on the number of people who can occupy it for a meeting, presentation, or overnight stay.

The lease would be written to contain any required design features, mitigation measures, or monitoring.

2.3. Alternatives Considered, Not Analyzed in Detail The following alternatives were considered, but not analyzed in detail because they would not meet the purpose and need.

Have the Forest Service Conduct All Activities In-House The Forest Service does not have the resources or expertise to conduct all the desired educational and research programs, along with restoration and maintenance. Budgets are not likely to increase enough for the Forest Service to hire all the personnel that would be necessary to develop and conduct the desired programs. Because budgets vary over time, and there is little to no likelihood of obtaining the amounts needed to adequately run the programs in-house, this alternative would not meet the purpose and need of conducting on-going educational and research programs.

Issue Successive Short-Term Special Use Permits Northland College is currently conducting limited education programs under a Special Use Permit (SUP) that expires June 1, 2017. The SUP could be re-issued periodically, but successive short-term permits would not give any lessee the security to make long-term investments into educational and research programming at Forest Lodge. Long-term investments are necessary to ensure the continuity of the educational and research programs. Successive short-term SUPs, perhaps to a number of different entities, would not meet the purpose and need because without long-term investments, the continuity of long-term programs could not be ensured.

Issue a Prospectus and Long-Term Special Use Permit The development of a prospectus to solicit competitive bids for issuing a long-term SUP for occupancy and use of Forest Lodge facilities was considered. This could allow the Forest Service to obtain the highest financial value for the use and occupancy of these government-owned facilities. This alternative is not being carried forward for detailed consideration in this analysis for the following reasons”



For the past 17 years, various potential partners, NGOs, other government agencies, and for profit organizations have been engaged to determine interest in a long-term SUP. Over this time, there has been no interest by the various entities to enter into such a permit. The primary reasons expressed by potential partners are the time horizon and terms/conditions for a permit. The maximum time horizon for a long-term SUP is 20 years. This is considered not a long enough time horizon for some entities to implement the goals and objectives of their business models. Additionally, the terms and conditions of a SUP do not facilitate the accomplishment of the education, research, and interpretation mandates in the acquisition legislation for Forest Lodge. A SUP is a business agreement that is driven by financial advantage to the government, whereas the historic lease is driven by the principle that occupancy and use equates to historic preservation. It is for these reasons that issuing a prospectus and long-term SUP for Forest Lodge are not being analyzed in detail.

Affected Environment and Environmental Consequences

3.1. Alternative 1 – No Action Implementation of Alternative 1 means that no long-term lease would be issued. If no long-term lease were issued, the Forest Service would not be able to fully meet the vision, mission, and goals as described in the Forest Lodge Historic District Master Site & Management Plan.

Continuing maintenance of the facilities would depend on funding for the Forest Service or contractors. If funding were not available or adequate, maintenance of the buildings could lead to deterioration and damage.

3.2. Alternative 2 – Proposed Action Through the Operating Plan and lease agreement with the lessee, the Forest Service would be able to fulfill its obligation as directed in the Forest Lodge Endowment Agreement to “provide environmental research and educational programs on or related to the Mary Livingston Griggs Historical Special Management Area.”

Program opportunities through this partnership would fundamentally foster long-term conservation management decisions, as well as influence human relationships with the natural world for generations to come.

Heritage The Proposed Action will have no significant adverse effect on districts, sites, highways, landscapes, structures, or objects listed in or eligible for listing in the National Register of Historic Places. Cultural resource inventories have been completed. Cultural resource sites identified within the project’s area of impact will be protected based on recommendations by the Forest Archeologist; thus, impacts from actions will be avoided.

The Proposed Action will have a positive effect on the buildings in the historic district. Using the buildings as proposed under the lease will help to preserve them. If the buildings were restored and then stood empty, they would rapidly decay into expensive squirrel nests. The idea of the historic preservation lease is for the Forest Service to gain help in providing proper use of the historic buildings. In this case, the stated use in the endowment agreement and appropriations language is an ecological campus.



The lease, in the Resource Protection section, will have a section covering processes to take to avoid and protect heritage resources if additional sites or objects are discovered.

Federally Listed Threatened or Endangered Species or Designated Critical Habitat, Species Proposed for Federal Listing or Proposed Critical Habitat, or Forest Service Sensitive Species The Project area was reviewed for known presence and/or potential critical habitat for federally listed threatened or endangered species, species proposed for Federal listing, and Forest Service sensitive species. Federally threatened, endangered or candidate species, or their habitat, and Forest Service sensitive wildlife species or their habitat would not be adversely impacted by the project activities (Biological Evaluation for Forest Lodge Lease Project, 2016).

The area does contain occupied roosts for bats species including northern long-eared (Myotis septentionalis), which is a Federally Listed Threatened species, as well as little brown Myotis (Myotis lucifugus), which is a Regional Forester Sensitive Species. Additional roosts for bats have been provided in three places: near the Greenhouse; the Main Lodge; and the Cow Palace. However, the activities covered under this lease will have no impacts/no effects to these species.

Soils and Hydrology No ground disturbance is planned; therefore, no impacts to soils or hydrology would result. There are no municipal watersheds or floodplains within the project area. No wetlands are known, but if any areas are determined to be wetlands, they will be protected.

Inventoried Roadless Areas There are no Roadless Area Conservation Rule (RACR) areas within or adjacent to the project area.

Areas With Special Management This project does include the use of Wilderness areas, but the use of Leave No Trace principals would ensure that any impacts are minimized. There are no National Recreation Areas within or adjacent to the project area. This project does include the use of Research Natural Areas, but the use of Leave No Trace principals would ensure that any impacts are minimized.

3.3. Consistency With Laws, Executive Orders, and Other Applicable Management Direction

This document has been prepared in compliance with the National Environmental Policy Act (NEPA) and its implementing regulations at 40 CFR Parts 1500-1508. NEPA at 40 CFR 1502.025(a), which direct agencies to prepare statements concurrently with and integrated with…other environmental review laws and executive orders. The following environmental review laws, regulations, and executive orders pertain to the management activities included in the proposed project.

National Forest Management Act – This project has been designed according to direction in the 2004 Forest Plan. In order to eliminate repetitive discussion and documentation, this document tiers to the Forest Plan and its Final EIS and Record of Decision. The Proposed Action is consistent with all Forest Plan Standards and incorporates appropriate Guidelines. No Forest Plan amendment would be required.



Endangered Species Act of 1973, as amended in 1978, 1979, 1982, and 1988 (16 U.S. C. 1531) – The Endangered Species Act (ESA) requires federal agencies to "… implement a program to conserve fish, wildlife, and plants ... to insure their actions do not jeopardize the continued existence of any threatened or endangered species or result in the destruction or adverse modification of critical habitat." The National Forest Management Act (NFMA) requires national forests to maintain viable populations of "native and desired nonnative vertebrate species … well distributed in the planning area." This project would not jeopardize the continued existence of any threatened or endangered species or result in the destruction or adverse modification of critical habitat. This project would not impact the viability or distribution of any native and desired nonnative vertebrate species.

The Secretary of Agriculture’s Policy on Fish and Wildlife (9500-4) - The Secretary of Agriculture's Policy on Fish and Wildlife (9500-4) directs the Forest Service to "manage habitats for all native and desired nonnative plants, fish and wildlife species to maintain viable populations of each species; identify and recover threatened and endangered plant and animal species" and to avoid actions "which may cause species to become threatened or endangered." This project would not involve any actions which may cause a species to become threatened or endangered.

Forest Service Sensitive Species Policy (FSM 2670.32) - Forest Service Sensitive Species Policy (FSM 2670.32) calls on national forests to assist states in achieving conservation goals for endemic species; complete biological evaluations of programs and activities; avoid and minimize impacts to species with viability concerns; analyze significance of adverse effects on populations or habitat; and coordinate with states, USFWS, and NMFS. The Forest Service Manual (2670.15) further defines sensitive species as those plant and animal species identified by a Regional Forester for which population viability is a concern, as evidenced by significant current or predicted downward trend in numbers, density, or habitat capability that would reduce a species’ existing distribution.

National Historic Preservation Act of 1966 – Section 106 of the National Historic Preservation Act requires that all federal undertakings follow the regulations found at 36 CFR §800 to identify and protect cultural resources that are within the project areas and which may be affected by projects. Consultation with SHPO has been completed for sites that have been identified through previous surveys. Consultation with SHPO also takes place with each rehabilitation proposal, for example, when there is a proposal to take rehabilitation actions on one of the historical buildings. If any additional sites are discovered during implementation of the lease, activities in that area will cease; resources will be protected; surveys will be conducted; and as necessary, additional consultation with SHPO will take place. SHPO determined that “The proposed undertaking [the Forest Lodge National Historic Preservation Act Lease] will have no adverse effect on one or more historic properties located within the project APE [Area of Potential Effect] under 36 CFR 800.5” (Wisconsin Historical Society, Division of Historic Preservation, Office of Preservation Planning, 2016).

The proposed lease is therefore in compliance with Section 106 of the National Historic Preservation Act to identify and protect cultural resources.

Clean Water Act (as amended, 1977) – The Federal Water Pollution Control Act of 1972, as amended, is commonly referred to as the Clean Water Act. This was enacted to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters and sets the basic



structure for regulating discharges of pollutants into U.S. waters. This project would be in compliance with the Clean Water Act.

Wild and Scenic Rivers Act – There are no rivers designated wild, scenic, or recreational within or affected by the proposed activities (Forest Plan page 3-49 and Forest Plan FEIS, Appendix E).

Wilderness Act – There are no wilderness areas or wilderness study areas within the project area (Forest Plan FEIS Appendix C, and Forest Plan ROD, page 16). The lease, however, would allow incidental use of a wilderness area in carrying out its mission. All uses of the wilderness would be in compliance with the Wilderness Act and its implementing regulations.

Executive Order 12898 – Environmental Justice – Executive Order 12898 ordered federal agencies to identify and address the issue of environmental justice (i.e., adverse human health and environmental effects of agency programs that disproportionately impact minority and low income populations). None of the alternatives would disproportionately affect minority or low-income individuals, Native American Indians, women, or civil rights.

Agencies, Tribes, and Others Consulted, and References

4.1. Agencies, Tribes, and Others Consulted and Coordinated With Documentation of the Federal, State, and local agencies, tribes, and individuals and organizations that the Forest Service consults/coordinates with during the development of this environmental assessment are contained in the project record.

4.2. Literature Cited and References Used Literature cited and references used are contained in the project record and in the project records of other projects concerning Forest Lodge (e.g., building restoration, special use permits).

Forest Lodge Lease Draft Environmental Assessment & Finding of No Significant Impact


Finding of No Significant Impact (FONSI) Forest Lodge Lease

As the responsible official, I am responsible for evaluating the effects of the project relative to the definition of significance established by the CEQ Regulations (40 CFR 1508.13). I have reviewed and considered the EA and documentation included in the project record, and I have determined that the proposed actions will not have a significant effect on the quality of the human environment. As a result, no Environmental Impact Statement will be prepared. My rationale for this finding is as follows, organized by sub-section of the CEQ definition of significance cited above.

Decision: I have decided to implement Alternative 2 of the Forest Lodge EA.

Decision Rationale: Alternative 2 – the Proposed Action, was selected for implementation because it will best meet the purpose and need for managing Forest Lodge. The purpose of the proposed lease is to better meet the vision, mission, and goals as described in the Forest Lodge Historic District Master Site & Management Plan.

The Forest Service is not able to fulfill the programmatic terms of the Endowment Agreement on its own; resources and expertise beyond that of the U.S. Forest Service are required. Issuing successive short-term special use permits or issuing a prospectus and a long-term (20-year) special use permit would not be practical. Twenty years is not a long enough time horizon for entities to implement the goals and objectives of their business models. Additionally, the terms and conditions of a SUP do not facilitate the accomplishment of the education, research, and interpretation mandates in the acquisition legislation for Forest Lodge.

A partnership with a lessee would ensure preservation of the estate’s infrastructure through consistent public use. A lease accommodation is possible through the National Historic Preservation Act of 1966. For a lessee’s long-term operation of Forest Lodge, and to justify resource investment in outreach programming, a Historic Preservation Lease from the Forest Service is required. Under such a lease, a lessee would operate Forest Lodge as an environmental education and conference center.

Analyses by resource specialists on the Interdisciplinary Team did not identify any significant direct, indirect, or cumulative adverse effects. Only beneficial impacts were identified.

Context For the selected actions, the context of the environmental effects is based on the environmental analysis in the EA. The scope of my decision is limited to local actions to be undertaken over a specified time period.

The lessee will be authorized to use, occupy, and maintain National Forest System lands in the Chequamegon-Nicolet National Forest for 60 years, subject to the terms and conditions of the lease. The lease will be for the property called Forest Lodge and its associated National Forest System lands in Ashland, Bayfield, and Sawyer Counties in the State of Wisconsin, Townships



40 - 44 North, Ranges 3 - 7 West. The lease will also allow incidental use of other parts of the Chequamegon-Nicolet National Forest.

This lease will be issued for operation and maintenance of Forest Lodge and the rest of the lease area for the purposes of providing education, training, and interpretation to the public (either for a fee or without cost), conducting research in ecosystems and hydrology, providing guided tours and space for outside parties for educational and meeting purposes, and to ensure the adequate preservation of the historic properties covered by this lease as required under Section 111(a) of the National Historic Preservation Act.

Intensity A measure of the severity, extent, or quantity of effects, and is based on information from the effects analysis of this EA and the references in the project record. The effects of this project have been appropriately and thoroughly considered with an analysis that is responsive to concerns and issues raised by the public. The agency has taken a hard look at the environmental effects using relevant scientific information and knowledge of site-specific conditions. My finding of no significant impact is based on the context of the project and intensity of effects using the ten factors identified in 40 CFR 1508.27(b).

1. Impacts that may be both beneficial and adverse. A significant effect may exist even if the Federal agency believes that on balance the effect will be beneficial. As disclosed in the EA, no adverse impacts are expected. The use of Leave No Trace principals will ensure that any potential impacts are minimized. Consideration of the intensity of environmental effects is not biased by beneficial effects of the action.

2. The degree to which the proposed action affects public health or safety. This type of action will not impact public health and safety. Buildings will not be used until they are brought up to building codes and deemed safe. There are no circumstances or conditions associated with my selected action to indicate there would be unusual or substantial risks to public health and safety. It was not a concern in public comments, and it did not become an issue in the analysis.

3. Unique characteristics of the geographic area such as the proximity to historical or cultural resources, parklands, prime farmlands, wetlands, wild and scenic rivers, or ecologically critical areas. There will be no significant effects on unique characteristics of the area, because there are no parklands, prime farmlands, wild or scenic river sections, or ecologically critical areas affected by the project. No wetlands are known, but if any areas are determined to be wetlands, they will be protected. See # 8 below for proximity to historical or cultural resources.

4. The degree to which the effects on the quality of the human environment are likely to be highly controversial. These types of activities have occurred in similar conditions in the past and the effects are well known. The effects on the quality of the human environment are not likely to be highly controversial. Internal and public scoping identified no scientific controversy over the impacts of the project.



5. The degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks. Activities such as occupancy and use, maintenance, educational and research programs, and coordination of the use of facilities have occurred previously on the Chequamegon-Nicolet and other national forests. The Forest Service has considerable experience with the types of activities like the ones proposed. They are not new or unique actions. The analysis shows the effects are not uncertain, and do not involve unique or unknown risks.

6. The degree to which the action may establish precedent for future actions with significant effects or represents a decision in principle about a future consideration. The occupancy, use, and maintenance of the buildings and site, educational and research programs, and coordination of the programs, would not establish precedent for future actions. These types of activities have taken place before on the Chequamegon-Nicolet National Forest and are common on National Forest System lands.

The only part of the proposed action that is not common is using a 60-year lease under the Historic Preservation Act to allow a lessee to invest the time, effort, and resources into the long-term programs at Forest Lodge to ensure their success. In the past, these types of activities have taken place under Special Use Permits (SUPs), but SUPs do not allow the long-term stability that a lease allows.

The scope of my decision is limited to local actions to be undertaken over a specified time period. Any future uses of leases under the Historic Preservation Act would require site-specific NEPA analyses.

7. Whether the action is related to other actions with individually insignificant but cumulatively significant impacts. Significance exists if it is reasonable to anticipate a cumulatively significant impact on the environment. Significance cannot be avoided by terming an action temporary or by breaking it down into small component parts. The Proposed Action is related to the rehabilitation of the buildings at the Forest Lodge site. Building rehabilitation has been ongoing for several years, and will continue for several more years. As more buildings are rehabilitated, the lessee would be able to host more programs. There would be no significant cumulative effects as a result of this project. I have reviewed the impacts of past, present, and reasonably foreseeable actions, and find that this action will not have a significant cumulative impact on the environment. The effects of the action are limited to the local area and there are no other effects that would be additive to the effects of the Proposed Action.

8. The degree to which the action may adversely affect districts, sites, highways, structures, or objects listed in or eligible for listing in the National Register of Historic Places or may cause loss or destruction of significant scientific, cultural, or historical resources. The Proposed Action will have no significant adverse effect on districts, sites, highways, landscapes, structures, or objects listed in or eligible for listing in the National Register of Historic Places. Cultural resource inventories have been completed for known sites. Cultural resource sites identified within the project’s area of impact will be protected based on recommendations by the Forest Archeologist; thus, impacts from actions will be avoided. The Forest Archaeologist’s recommendations will protect both the sites that are already known, such as the buildings, as well as any newly discovered sites.



The lease, in the Resource Protection section, will have a section covering processes to take to avoid and protect heritage resources if additional sites or objects are discovered.

If additional sites or objects are discovered, the lessee shall immediately notify the authorized officer of all antiquities or other objects of historic or scientific interest, including but not limited to, historic or prehistoric ruins, fossils, or artifacts discovered in connection with the use and occupancy authorized by this lease. The lessee shall leave these discoveries intact and in place until directed otherwise by the authorized officer. The authorized officer shall in turn notify the Forest Archaeologist, who will prescribe protective, mitigative, and avoidance measures.

All areas that may be affected by the project will be subjected to additional cultural resource surveys as needed, based on any new discoveries. All reports for the surveys will be submitted to the Forest Archaeologist, who will finalize them, and then submit them to the State Historic Preservation Officer (SHPO) for review and comment for any newly discovered sites that have not undergone this process. The authorized officer will in turn, designate the protective, mitigative, and avoidance measures, which shall be the responsibility of the lessee.

With the completion of surveys, development of protective measures for each recorded cultural resource, and stipulations developed for the treatment of unanticipated discoveries, the Forest Service has or will satisfy all provisions of 36 CFR 800, Protection of Historic Properties. Based on this information, I conclude that this action will not cause loss or destruction of significant scientific, cultural, or historical resources.

In accordance with 25 U.S.C. 3002(d) and 43 CFR 10.4, if the lessee inadvertently discovers human remains, funerary objects, sacred objects, or objects of cultural patrimony on National Forest System lands, the lessee shall immediately cease work in the area of the discovery and shall make a reasonable effort to protect and secure the items. The lessee shall immediately notify the authorized officer by telephone of the discovery and shall follow up with written confirmation of the discovery. The activity that resulted in the inadvertent discovery may not resume until 30 days after the authorized officer certifies receipt of the written confirmation, if resumption of the activity is otherwise lawful, or at any time if a binding written agreement has been executed between the Forest Service and the affiliated Indian tribes that adopts a recovery plan for the human remains and objects.

9. The degree to which the action may adversely affect an endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act of 1973. The Project Area was reviewed for known presence and/or potential critical habitat for federally listed threatened or endangered species, species proposed for Federal listing, and Forest Service sensitive species. Federally threatened, endangered, or candidate species, or their habitat, and Forest Service sensitive wildlife species or their habitat would not be adversely impacted by the project activities.

The area does contain occupied roosts for bats species, including northern long-eared (Myotis septentionalis), which is a Federally Listed Threatened species as well as little brown Myotis (Myotis lucifugus), which is a Regional Forester Sensitive Species. However, the activities covered under this lease will have no impacts/no effects to these species.

10. Whether the action threatens a violation of Federal, State, or local law or requirements imposed for the protection of the environment.



The action will not violate Federal, State, and local laws or requirements for the protection of the environment. The action is consistent with the 2004 Forest Plan. This action will not have significant impacts on air and water quality, wetlands, soil resources, threatened and endangered species, or cultural resources. Therefore, this decision is in compliance with the National Forest Management Act, the Clean Water Act, the Endangered Species Act, and the National Historic Preservation Act. It is consistent with the Executive Orders for Wetlands (11990), Floodplains (11988), and Environmental Justice (12898).

Date post:	17-Jun-2020
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