Fox River NRDA

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The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, more commonly known as the federal "Superfund" law) [42 USC 9601, et seq.] and the Federal Water Pollution Control Act (CWA, commonly known as the Clean Water Act) [33 USC 1251, et seq.] authorizes 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, and to restore, rehabilitate, replace, and or acquire natural resources equivalent to those harmed by hazardous substance releases. The State of Wisconsin, the Menominee Indian Tribe of Wisconsin, the Oneida Tribe of Indians of Wisconsin, the United States Department of the Interior (represented by the United States Fish and Wildlife Service and the Bureau of Indian Affairs) and the United States Department of Commerce (represented by the National Oceanic and Atmospheric Administration) (collectively, the Trustees) have worked together, in a cooperative process, to determine what is necessary to address natural resource injuries caused by past releases of polychlorinated biphenyls (PCBs) into the Lower Fox River and Green Bay assessment area. Natural resource damages received, either through negotiated or adjudicated settlements, must be used to restore, rehabilitate, replace and or acquire the equivalent of those natural resources that have been injured. Specifically, the Grant recipient will acquire 198 acres to complete the northeast corner of the Fox River National Wildlife Refuge, protect the northern boundary of Muir Park State Natural Area and John Muir Memorial Park, and permanently protect 38 acres of the original John Muir family farm. This is a notice of intent to award a single source grant to The Natural Heritage Land Trust under justification 505DM 2.14B 4 without competition. Competition for the grant is not feasible due to the fact that The Natural Heritage Land Trust has negotiated an offer to purchase with the willing seller to preserve wetland and associated upland habitat within Marquette County, Wisconsin.

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