[Federal Register Volume 59, Number 76 (Wednesday, April 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9512]


[[Page Unknown]]

[Federal Register: April 20, 1994]


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DEPARTMENT OF AGRICULTURE
 

Nez Perce and Bitterroot National Forests, ID; Intent To Prepare 
Legislative Environmental Impact Statement

AGENCY: Forest Service.

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

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    In the matter of Suitability Study for 15 streams in the Upper 
Selway River drainage including Running Creek, the Bear Creek 
complex, the Moose Creek complex, the Three Links Creek complex and 
the Gedney Creek complex being considered for National Wild & Scenic 
River Status; Nez Perce and Bitterroot National Forests; Idaho 
County, Idaho.

SUMMARY: The Forest Service, USDA, will prepare a draft and final 
legislative environmental impact statement (LEIS) associated with a 
study of the suitability of Running Creek, Bear Creek Complex (Bear, 
Cub, Paradise, Brushy Fork, and Wahoo Creeks), Moose Creek Complex 
(East Moose, North Moose, West Fork of Moose, and Moose, and Rhoda 
Creeks), Three Links Creek Complex (Three Links, West Fork of Three 
Links Creeks), and Gedney Creek Complex (West Fork of Gedney, Gedney 
Creeks) in the Nez Perce and Bitterroot National Forests in Idaho for 
inclusion in the National Wild and Scenic River System. The 15 streams 
being studied are all tributaries to the Selway River, an existing 
component of the Middle Fork of the Clearwater River Wild & Scenic 
River System.
    The streams were found eligible for consideration as Wild and 
Scenic Rivers in the 1987 Nez Perce National Forest and Bitterroot 
National Forest Land and Resource Management Plans (Forest Plans). With 
the exception of a portion of Running Creek, all study rivers are 
within the boundaries of the Nez Perce National Forest. A 3-mile 
segment of Running Creek, from the Nez Perce/Bitterroot National Forest 
boundary downstream to the existing Wild & Scenic River corridor of the 
Selway River, is located within the Bitterroot 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 on or 
before May 20, 1994.

ADDRESSES: Send written comments to Mike King, Forest Supervisor, Nez 
Perce National Forest, Rt. 2, Box 475, Grangeville, Idaho 83530.

FOR FURTHER INFORMATION CONTACT:
Direct questions about the proposed study and EIS to Jerry Bird, Upper 
Selway River Study Team Leader, Selway Ranger District, Nez Perce 
National Forest, HCR 75, Box 91, Kooskia, Idaho 83539, phone (208) 926-
4258.

SUPPLEMENTARY INFORMATION: The Nez Perce and Bitterroot National Forest 
Land and Resource Management Plans were approved in 1987. The above 
described streams 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 Plans for each National Forest will be amended accordingly.
    The area of consideration for each of the rivers is a corridor \1/
4\ mile in width from each stream bank for the length of the eligible 
river segments.
    The Running Creek study area includes the 15-mile segment that 
flows from its source at Running Lake (section 26, Township 30N., range 
11E.; Boise Meridian [B.M] to the Wild & Scenic Selway River boundary 
(section 28, T30N, R13E.; B.M).
    The Bear Creek complex consists of 65 miles of stream including 
Bear, Cub, Paradise, Brushy Fork, and Wahoo Creeks individually 
described as follows:
    (1) Bear Creek, from Lower Bear Lake (section 17, T32N., R16E., 
B.M) to its confluence with the Selway River (section 16, T31N., R13E., 
B.M);
    (2) Cub Creek, from Cub Lake (section 20, T31N., R16E., B.M) to its 
confluence with Bear Creek (section 8, T31N., R14E., B.M);
    (3) Paradise Creek from Bell Lake (section 7, T31N., R16E., B.M) to 
its confluence with Cub Creek (section 17, T31N., R14E., B.M);
    (4) Brushy Fork Creek from Brushy Fork Lake (section 34, T31N., R15 
E., B.M) to its confluence with Cub Creek (section 27, T31N., R14E., 
B.M); and
    (5) Wahoo Creek from the west side of Wahoo Pass (section 36, 
T33N., R15E., B.M) to its confluence with Bear Creek (section 19, 
T32N., R.15E., B.M)
    The Moose Creek complex contains about 75 miles of streams 
including Moose, East Fork of Moose, North Fork of Moose, West Fork of 
Moose, and Rhoda Creeks individually described as follows:
    (1) The main stem of Moose Creek from the confluence of East and 
North Forks of Moose Creek (section 25, T33N., R12E., B.M) to its 
confluence with the Selway river (section 10, T32N., R12E., B.M);
    (2) The East Fork of Moose Creek which originates near Lost Horse 
Pass (section 28, T33N., R16E., B.M) to its confluence with the North 
Fork of Moose Creek (section 25, T33N., R12E., B.M);
    (3) The North Fork of Moose Creek originating in Section 12, T34N., 
R13E., B.M and flowing to its confluence with the East Fork of Moose 
Creek (section 25, T33N., R12E., B.M.;
    (4) The West Fork of Moose Creek which flows from its source near 
Wounded Doe Ridge (section 1, T34N., R11E., B.M) and flows to its 
confluence with the North Fork of Moose Creek (section 13, T34N., 
R12E., B.M); and
    (5) Rhoda Creek which flows from its source at Shasta Lake (section 
34, T34N., R10E., B.M) to its confluence with the North Fork of Moose 
Creek (section 4, T33N., R12E., B.M).
    The Three Links Creek complex consists of 18 miles of stream and 
includes Three Links Creek which flows from its source at South Three 
Links Lakes (section 27, T33N., R10E., B.M) to its confluence with the 
Selway River (section 22, T32N., R11E., B.M) and the West Fork of Three 
Links Creek which flows from its source at Legend Lake (section 34, 
T.33N., R10E., B.M) to its confluence with Three Links Creek (section 
4, T32N., R11E., B.M).
    The Gedney Creek complex consists of 11 miles of stream and 
includes the West Fork of Gedney Creek which originates in section 32, 
T33N., R10E., B.M, and flows to its confluence with Gedney Creek 
(section 32, T32N., R9E., B.M) and the 3 mile segment of lower Gedney 
Creek from its confluence with the West Fork of Gedney Creek (section 
23, T32N., R9E., B.M) to its confluence with the Selway River (section 
3, T31N, R9E., B.M).
    Scoping for the study began in April 1993 with a series of six 
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 six public meetings were held in December 
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 of potential increases in recreation use along the 
study streams;
    (2) Concern over potential increase of restrictions on outfitters 
operating in the area of the study streams;
    (3) Potential effects on maintaining the ecological integrity of 
the Selway River drainage and allowing natural ecological processes to 
continue operating along those streams in the Selway-Bitterroot 
Wilderness;
    (4) The potential effects on the ability of the private landowner 
along Moose Creek River to retain his property and use his land as he 
chooses;
    (5) Potential effects on Moose Creek's outstandingly remarkable 
values by future development of the private land;
    (6) The potential effects on commercial timber harvest activities 
in the study areas and the adjacent ``seen'' areas on those portions of 
Running Creek and the Gedney Creek complexes located outside of the 
Selway-Bitterroot Wilderness;
    (7) Concern over the potential effects of future timber harvest and 
other management activities on the outstandingly remarkable values of 
those portions of Running Creek and the Gedney Creek complexes outside 
of the Selway-Bitterroot Wilderness if designation does not occur; and
    (8) Concern over impacts of designation on the ability of the 
Forest Service to carry out fish and wildlife habitat improvement 
projects such as prescribed fire and fish habitat improvement 
structures on the non-wilderness portions of Running Creek and the 
Gedney Creek complex.
    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: April 8, 1994.
Mark A. Reimers,
Deputy Chief, Programs and Legislation.
[FR Doc. 94-9512 Filed 4-19-94; 8:45 am]
BILLING CODE 3410-11-M