Federal court temporarily halts forest project that occupies part of Jackson County

The Houston South Vegetation Management and Restoration Project recently was temporarily stopped by a federal court because of the possibility could negatively impact the water quality of Lake Monroe.

The lake is the drinking water source for nearly 130,000 Hoosiers, and the project included a planned harvest of thousands of acres of trees and herbicide treatment in part of the Hoosier National Forest.

Part of the forest is located in the northwest corner of Jackson County with the South Fork Salt Creek watershed being one of the four watersheds that feed into Lake Monroe. A small portion overlaps into the northeastern corner of Lawrence County.

According to a report from the Indiana Environmental Reporter, Chief Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana issued a preliminary injunction March 29, preventing the U.S. Forest Service from carrying out the project after local governments and environmental groups contended it violates federal law and could cause negative environmental impacts.

The groups argued the Forest Service violated federal law by failing to fully evaluate how the project would affect Lake Monroe.

The project is expected to last between 12 and 20 years, during which time approximately 13,500 acres of forest will be burned, 4,000 acres will be logged and herbicide will be applied to 2,000 acres.

The Forest Service performed an environmental assessment in 2019 that looked into the project’s effect on the environment within the boundaries of the project, but the assessment did not analyze how it would affect Lake Monroe.

The Monroe County Board of Commissioners and the groups filed suit in 2020 alleging the project violated the National Environmental Policy Act by not considering alternatives to the project and the Endangered Species Act by not assessing the project’s effect on the Indiana bat and other endangered species.

Pratt oversaw the case and ruled in 2022 that the plan did not violate those federal laws but ordered the Forest Service to evaluate why the project’s impact on Lake Monroe would not be significant.

On Oct. 6, the Forest Service produced a draft supplemental information report that was open for public review for 30 days, according to a news release from the U.S. Forest Service. The period ended Nov. 7.

The Forest Service stated the proposed project will treat vegetation and conduct-related management activities improving forest health and sustainability of the oak-hickory ecosystems while also improving wildlife habitat.

These management activities involve clearcutting, prescribed burns and other actions. These activities were approved by the U.S. Forest Service in February 2020 based on the environment assessment documented in November 2019.

The Forest Service performed this existing environmental assessment instead of performing a new assessment. The agency said the decision was due to the time-sensitive nature of the project and risks associated with not managing the forest in the area.

Following its environment assessment, the agency said it had a high level of confidence that the project would not negatively impact Lake Monroe water quality.

District Ranger Chris Thornton signed a letter stating based on its findings, a correction, supplement or revision to the project environment assessment was not necessary.

The Monroe County commissioners and the groups, however, filed suit again in January 2022 saying the limited nature of the supplemental information report violated the court’s 2022 order and federal laws and asked Pratt to stop the project from moving forward April 1 so they would have more time to fully present their case.

Pratt agreed and issued the preliminary injunction that stopped a prescribed burn April 1 and all future project activities until the Forest Service can make a showing sufficient to pass muster under two federal laws.

Pratt also ordered the plaintiffs in the lawsuit to pay an $11,596 bond, 10% of the amount the Forest Service said it was losing due to the delay.

Enrique Saenz with Indiana Environmental Reporter contributed to this story.