[Federal Register Volume 60, Number 221 (Thursday, November 16, 1995)]
[Notices]
[Pages 57571-57572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28319]



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DEPARTMENT OF AGRICULTURE
Forest Service


Wild and Scenic River Suitability Study for the South Platte 
River and the North Fork of the South Platte River in Douglas, 
Jefferson, and Park Counties, CO

AGENCY: Forest Service, USDA.

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

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SUMMARY: The USDA, Forest Service will prepare a wild and scenic river 
study report and legislative environmental impact statement (LEIS) to 
address the suitability of sections of the South Platte River and the 
North Fork of the South Platte River primarily within the Pike National 
Forest in Douglas, Jefferson, and Park counties, Colorado, for 
inclusion into the National Wild and Scenic Rivers System. The Forest 
Service invites written comments and suggestions on the management of 
these river sections and the scope of this analysis. The agency gives 
notice of the full environmental analysis and decision making process 
that will occur in this study so that interested and affected people 
are aware of how they may participate and contribute to the final 
recommendation to Congress.


[[Page 57572]]

DATES: Comments concerning the study of these rivers should be received 
by May 31, 1996. Send written comments and suggestions concerning the 
management of this river to Rick D. Cables, Forest Supervisor, Pike and 
San Isabel National Forests, Cimarron and Comanche National Grasslands, 
1920 Valley Drive, Pueblo, Colorado 81008.

FOR FURTHER INFORMATION CONTACT:
Questions about the proposed action and draft LEIS should be directed 
to Steve Davis, Wild and Scenic River Planning Team Leader, Pike and 
San Isabel National Forests, Cimarron and Comanche National Grasslands, 
1920 Valley Drive, Pueblo, Colorado 81008; telephone (719) 585-3714.

SUPPLEMENTARY INFORMATION: The Forest Service is studying these rivers 
as required under Section 5(d)(1) of the Wild and Scenic Rivers Act of 
1968 (Pub. L. 90-542, 82 Stat. 906, as amended; 16 U.S.C. 1271-1287). 
Section 5(d)(1) allows for the study of new potential wild and scenic 
rivers not designated under Section 3(a) or designated for study under 
Section 5(a) of the Act. Section 5(d)(1) states ``In all planning for 
the use and development of water and related land resources, 
consideration shall be given by all Federal agencies involved to 
potential national, wild, scenic, and recreational river areas''. The 
study will consider a 22.8-mile segment of the South Platte River from 
below Elevenmile Dam to the high water line of Cheeseman Reservoir, a 
23-mile segment of the South Platte River from below Cheeseman Dam to 
the high water line of Strontia Springs Reservoir, and a 23.1-mile 
segment of the North Fork of the South Platte River from the upstream 
boundary of the Berger property, near Insmont, downstream to its 
confluence with the South Platte River, to include lands within \1/4\ 
mile from each stream bank. Preliminary alternatives include a wild and 
scenic designation for each segment for the length of the proposal, and 
an unsuitable for designation alternative. Other appropriate 
alternatives may be considered.
    Rick D. Cables, Forest Supervisor, Pike and San Isabel National 
Forests, Comanche and Cimmarron National Grasslands is the responsible 
official for preparing the suitability study. Dan Glickman, Secretary 
of Agriculture, U.S. Department of Agriculture, Room 200-A, 
Administration Building, Washington, DC 20250, is the responsible 
official for recommendations for wild and scenic river designation.
    Public participation is especially important at several points in 
the study process. The first point is the scoping process (40 CFR 
1501.7). The Forest Service is seeking information comments, and 
assistance from Federal, State, and local agencies, individuals and 
organizations who may be interested in or affected by the proposed 
action. The public input will be used in preparation of the draft LEIS.
    The draft LEIS is expected to be filed with the Environmental 
Protection Agency (EPA), and available for public review by October, 
1996. At that time, the EPA will publish a notice of availability of 
the draft LEIS in the Federal Register.
    The comment period on the draft LEIS will be 90 days from the date 
the EPA's notice of availability appears in the Federal Register. It is 
very important that those interested in the management of this river 
participate at that time. To be the most helpful, comments on the draft 
LEIS should be as specific as possible, and may address the adequacy of 
the statement or the merits of the alternatives discussed (see The 
Council on Environmental Quality Regulations for implementing the 
procedural provisions of the National Environmental Policy Act, 40 CFR 
1503.3). In addition, Federal court decisions have established that 
reviewers of draft LEIS must structure their participation in the 
environmental review of the proposal so that it is meaningful and 
alerts an agency to the reviewers' 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 LEIS stage 
but that are not raised until after completion of the final LEIS may be 
waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 
1016, 1022 (9th Cir. 1988) and Wisconsin Heritages, Inc. v. Harris, 490 
F. Supp. 1334, 1338 (E.D. Wis. 1980). The reason for this is to ensure 
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 the final environmental impact statement.
    After the comment period ends on the draft LEIS, comments will be 
analyzed and considered by the Forest Service in preparing the final 
LEIS. In the final LEIS, the Forest Service will respond to comments 
received (40 CFR 1503.4). The final LEIS is scheduled to be completed 
by the end of October 1997. The Secretary will consider the comments, 
responses, and consequences discussed in the LEIS, applicable laws, 
regulations, and policies in making a recommendation to the President 
regarding the suitability of these river segments for inclusion into 
the National Wild and Scenic Rivers System. The final decision on 
inclusion of a river in the National Wild and Scenic Rivers System 
rests with the Congress of the United States.

    Dated: November 9, 1995.
Tom L. Thompson,
Deputy Regional Forester.
[FR Doc. 95-28319 Filed 11-15-95; 8:45 am]
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