[Federal Register Volume 59, Number 59 (Monday, March 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7221]


[Federal Register: March 28, 1994]


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DEPARTMENT OF AGRICULTURE
Forest Service


Suitability Study for a Portion of the North Fork of the 
Clearwater River, Kelly Creek, and Cayuse Creek Being Considered for 
National Wild & Scenic River Status; Clearwater National Forest; 
Clearwater & Idaho Counties, ID

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a legislative environmental impact 
statement.

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SUMMARY: The Forest Service, USDA, will prepare a draft and final 
legislative Impact Statement (LEIS) associated with a study of the 
suitability of a portion of the North Fork of the Clearwater River, 
Kelly Creek, and Cayuse Creek in the Clearwater National Forest in 
Idaho for inclusion in the National Wild and Scenic River System. The 
three streams were found eligible for consideration as Wild and Scenic 
Rivers in the 1987 Clearwater National Forest Land and Resource 
Management Plan (Forest Plan). All three streams are found within the 
boundaries of the Clearwater National Forest. The agency invites 
written comments and suggestions on the suitability of these rivers. In 
addition, the agency gives notice of the environmental analysis and 
decision-making process associated with the study so that interested 
and affected people are aware of how they may participate and 
contribute to the decision.

DATES: Comments on the scope of the study should be received by May 15, 
1994.

ADDRESSES: Send written comments to James Caswell, Forest Supervisor, 
Clearwater National Forest, 12730 Highway 12, Orofino, Idaho 83544.

FOR FURTHER INFORMATION CONTACT:
Direct questions about the proposed study and EIS to Brian Hensley, 
River Study Team Leader, North Fork Ranger District, Clearwater 
National Forest, P.O. 2139, Orofino, Idaho 83544, phone (208) 476-3775.

SUPPLEMENTARY INFORMATION: The Clearwater National Forest Land and 
Resource Management Plan was approved in 1987. Segments of the North 
Fork of the Clearwater River, Kelly Creek, and Cayuse Creek were 
identified as eligible for inclusion in the National Wild & Scenic 
Rivers System as part of the planning process, but were not studied for 
their suitability at that time. The decision to be made, based upon the 
environmental impact statement, is whether or not to recommend any or 
all of the above mentioned rivers for designation and inclusion in the 
National Wild & Scenic Rivers System. The Forest Plan will be amended 
accordingly.
    The area of consideration for each of the rivers is a corridor a 
minimum of \1/4\ mile in width from each stream bank for the length of 
the eligible river segments.
    The eligible segment of the North Fork of the Clearwater River is a 
60-mile stretch flowing from the Road No. 250 bridge crossing (Section 
6, Township 40 North, Range 11 East, Boise Meridian) downstream to the 
beginning of slack water in Dworshak Reservoir (Section 34, Township 41 
North, Range 6 East, Boise Meridian).
    The eligible section of Kelly Creek is approximately 39 miles long 
including its main stem and its North, Middle, and South Forks that 
originate near the Idaho/Montana state border and flow to the stream's 
confluence with the North Fork of the Clearwater River.
    The eligible portion of Cayuse Creek includes the entire 31-mile 
stream, from its source at Lost Lake (Section 24, Township 38 North, 
Range 13 East, Boise Meridian) to its confluence with Kelly Creek 
(Section 24, Township 39 North, Range 11 East, Boise Meridian).
    Scoping for the study began in April of 1993 with a series of 6 
regional public meetings to explain the study process and to identify 
issues relating to the study. A study newsletter was also circulated at 
that time. Another series of 6 public meetings was held in December of 
1993 to validate: study issues, preliminary outstandingly remarkable 
values (ORV's), and preliminary alternatives. A second issue of the 
study newsletter was mailed to interested publics prior to this set of 
meetings.
    The following preliminary issues are being considered in the 
environmental analysis: (1) Effects on timber harvest and mineral 
development in the area of the study rivers; (2) effects on the local 
and regional economy; (3) effects on abilities of county governments 
and local constituents to affect resource management recommendations; 
(4) effects on transportation system and development in the area of the 
study rivers; (5) effects on recreation use and users in the study 
stream areas; (6) effects on wildlife and fish in the study river 
areas; (7) effects on water quality and the free flowing nature of the 
study streams; (8) protection of the identified outstandingly 
remarkable values of the study streams; (9) effects on the ability of 
the private landowners along the North Fork of the Clearwater River to 
retain their properties and use their lands as they choose; and (10) 
effects on the roadless character of the headwaters of Kelly Creek and 
a large portion of Cayuse Creek.
    A range of alternatives is being considered. They will include as a 
minimum, one alternative that does not recommend designation (no 
action), and one that recommends designation for all the eligible river 
segments. Additional alternatives will be developed from public 
comments received during the scoping process. The environmental impact 
statement will disclose the direct, indirect, and cumulative effects of 
implementing each of the alternatives.
    The Forest Service is seeking information, comments, and assistance 
from Federal, State and local agencies, and other individuals or 
organizations who may be interested in or affected by the proposal. 
This input will be utilized in preparation of the draft environmental 
impact statement.
    The draft environmental impact statement is expected to be filed 
with the Environmental Protection Agency (EPA) by August 1994. At that 
time EPA will publish a notice of availability on the draft 
environmental impact statement in the Federal Register. It is very 
important that those interested in the management of these rivers 
participate at that time. To be most helpful, comments on the draft 
environmental impact statement should be as site-specific as possible.
    The Forest Service believes it is important to give reviewers 
notice at this early stage of several court rulings related to public 
participation in the environmental review process. First, reviewers of 
draft environmental impact statements must structure their 
participation in the environmental review of the proposal so that it is 
meaningful and alerts an agency to the reviewer's position and 
contentions (Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 
553 (1978)). Also, environmental objections that could be raised at the 
draft environmental impact stage, but are not raised until after 
completion of the final statement, may be waived or dismissed by the 
courts (City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir., 1986) 
and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. 
Wis. 1980). Because of these court rulings, it is very important that 
those interested in this proposed action participate by the close of 
the scoping comment period so that substantive comments and objections 
are made available to the Forest Service at a time when it can 
meaningfully consider them and respond to them in identifying issues 
and alternatives.
    To assist the Forest Service in identifying and considering issues 
and concerns on the proposed action, comments should be as specific as 
possible. Reviewers may wish to refer to the Council on Environmental 
Quality Regulations for implementing the procedural provisions of the 
National Environmental Policy Act at 40 CFR 1503.3 in addressing these 
points.
    After the comment period ends on the draft EIS, the comments will 
be analyzed and considered by the Forest Service in preparing the final 
study report and environmental impact statement. The final report is 
scheduled to be completed by December 1994. The comments, responses, 
and environmental consequences discussed in the final environmental 
impact statement and applicable laws, regulations, and policies will be 
considered in preparing the agency's recommendations for Wild and 
Scenic River designation.
    The responsible official for making recommendations to the Congress 
is Mike Espy, Secretary of Agriculture, Administration Building, 12th 
Street, SW., Washington, DC 20250.
    The decision on inclusion of a river in the National Wild & Scenic 
Rivers System rests with the United States Congress.


    Dated: March 18, 1994.
Mark A. Reimers,
Deputy Chief, Programs and Legislation.
[FR Doc. 94-7221 Filed 3-25-94; 8:45 am]
BILLING CODE 3410-11-M