[Federal Register Volume 59, Number 78 (Friday, April 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9749]


[[Page Unknown]]

[Federal Register: April 22, 1994]


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DEPARTMENT OF AGRICULTURE
Forest Service

 

Suitability Study for White Sand Creek (Also Shown on Some Maps 
as Colt Killed Creek) and a Portion of the Upper Lochsa River Being 
Considered for National Wild and Scenic River Status; Clearwater 
National Forest; Idaho County, 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 Environmental Impact Statement (LEIS) associated with a 
study of the suitability of the White Sand Creek and a short segment of 
the upper Lochsa River in Idaho for inclusion in the National Wild and 
Scenic River System. The two streams being studied are part of or 
tributaries to the Lochsa River, the majority of which is 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 Clearwater National Forest Land and 
Resource Management Plans (Forest Plan).
    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 30 days 
from the date of this publication.

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 LEIS to Dennis Elliott, White Sand Study Team Leader, Powell 
Ranger District, Clearwater National Forest, Powell Ranger Station, 
Lolo, MT 59847, phone (208) 942-3113.

SUPPLEMENTARY INFORMATION: The Clearwater National Forest Land and 
Resource Management Plans was approved in 1987. White Sand Creek and a 
short 2 mile segment of the upper Lochsa River 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 24 mile study segment of the White Sand Creek begins at its 
source at White Sand Lake (Section 23, Township 36 North, Range 16 
East, Boise Meridian) and flows to its confluence with Crooked Fork 
Creek and the Lochsa River (Section 34, T.37 N., R. 14 E., B.M). Some 
maps also show the stream's name as Colt Killed Creek.
    The portion of the upper Lochsa River being studied is a two mile 
stretch flowing from the confluence of White Sand and Crooked Fork 
Creeks (Section 34, Township 37 North, Range 14 East, Boise Meridian) 
to a point west of Powell Range Station (Section 33, T.37 N., R. 14 E., 
B.M) where it joins with the already designated 60 mile long Lochsa 
River portion of the Middle Fork of the Clearwater River Wild & Scenic 
River System.
    Scoping for the study began in April 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 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 impacts to local 
recreation users/outfitters, changes in types and amounts of recreation 
use, and associated recreational impacts on other resources and 
facilities; (2) concern over potential impacts to water quality and 
scenic values by the Forest Service's prescribed fire program outside 
of the study corridor and the agency's ability to implement such a 
program; (3) potential impacts to commercial timber harvest on both 
National Forest and private lands in the corridor and in the corridor's 
adjacent ``seen'' area; (4) concern over potential impacts if not 
designated by commercial or residential development of the private 
lands along each study stream; (5) the potential effects on the ability 
of the private landowners along the study stream to retain their 
property and use their land as they choose; (6) potential impacts to 
westslope cutthroat trout populations in White Sand Creek if increased 
fishing pressure resulted; and (7) concern over the need of dual 
designation of that portion of White Sand Creek located within the 
Selway-Bitterroot Wilderness.
    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 15, 1994.
Mark A. Reimers,
Deputy Chief, Programs and Legislation.
[FR Doc. 94-9749 Filed 4-21-94; 8:45 am]
BILLING CODE 3410-11-M