[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Proposed Rules]
[Pages 47726-47728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22706]
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DEPARTMENT OF THE INTERIOR
43 CFR Parts 6400 and 8350
RIN 1004-AC87
Wild and Scenic Rivers
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: In response to President Clinton's Government-wide regulatory
reform initiative, the Bureau of Land Management (BLM) proposes to
write the regulation on wild and scenic rivers in a straightforward
``Plain English'' style. This regulation would establish uniform
standards and procedures by which BLM will consider Federal licensing
of, or assistance to, water resource projects on components affecting
Wild and Scenic Rivers or Study Rivers administered by the Secretary of
the Interior, through the Director, BLM. The regulation would harmonize
BLM's procedures and definitions with those of the U.S. Forest Service
to streamline and improve the administration of the Wild and Scenic
Rivers System.
DATES: Submit comments by October 10, 1996. BLM may, but need not,
consider comments received or postmarked after this date in preparing
the final rule.
ADDRESSES: Commenters may hand-deliver comments to the Bureau of Land
Management, Administrative Record, Room 401, 1620 L St., NW,
Washington, DC; or mail comments to the Bureau of Land Management,
Administrative Record, Room 401LS, 1849 C Street, NW, Washington, DC
20240. Commenters may transmit comments electronically via the Internet
to: [email protected]. [For Internet, please include
``Attn: AC87'', your name and address in your message.]
Comments will be available for public review at the L Street
address during regular business hours, from 7:45 a.m. to 4:15 p.m.,
Monday through Friday, except holidays.
FOR FURTHER INFORMATION CONTACT:
Gary Marsh, Special Areas and Land Tenure Team, (202) 452-7795.
SUPPLEMENTARY INFORMATION:
I. Public Comment Procedures
II. Discussion of Proposed Rule
III. Procedural Matters
I. Public Comment Procedures
Written comments on the proposed rule should be specific, focus on
issues pertinent to the proposed rule, and explain the reason for any
recommended change. Where possible, comments should reference the
specific section or paragraph of the proposal being addressed. If
comments are received or postmarked after the close of the comment
period (see DATES) or delivered to an address other than the one listed
above (See ADDRESSES), BLM will not necessarily consider or include
them in the Administrative Record for the final rule.
II. Discussion of Proposed Rule
This proposed rule follows up an Advance Notice of Proposed
Rulemaking that the BLM published in the June 5, 1996, Federal Register
(61 FR 28546). That advance notice notified the public of the
restructuring of 43 CFR Parts 6000-9000, and of BLM's plans to publish
proposed rules for those parts in the near future. BLM now proposes to
renumber and revise present Part 8350 of 43 CFR under the authority of
Section 7 of the Wild and Scenic Rivers Act, as amended (16 U.S.C.
1278). That Act directs Federal agencies to protect the free-flowing
condition and other values of designated rivers and congressionally-
authorized study rivers from the harmful effects of proposed water
resources projects.
The proposed rule sets forth applicable procedures that the
Director, BLM, uses in administering Federal assistance for proposed
water resources projects affecting Wild and Scenic Rivers or Study
Rivers. This regulation is consistent with that of the Forest Service,
U.S. Department of Agriculture, at 36 CFR Part 297.
III. Procedural Matters
National Environmental Policy Act of 1969
The BLM has prepared a draft environmental assessment (EA), and has
made a tentative finding that the final rule would not constitute a
major federal action significantly affecting the quality of the human
environment under section 102(2)(C) of the National Environmental
Policy Act of 1969
[[Page 47727]]
(NEPA), 42 U.S.C. 4332(2)(C). The BLM anticipates making a Finding of
No Significant Impact (FONSI) for the final rule in accordance with the
BLM's procedures under NEPA. The BLM has placed the EA on file in the
BLM Administrative Record at the address specified previously. The BLM
will complete an EA on the final rule and make a finding on the
significance of any resulting impacts prior to promulgation of the
final rule.
Paperwork Reduction Act
The proposed rule does not contain information collection
requirements that the Office of Management and Budget must approve
under 44 U.S.C. 3501 et seq.
The Regulatory Flexibility Act
BLM has determined that the proposed rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Unfunded Mandates Reform Act of 1995
This proposed rule does not include any Federal mandate that may
result in expenditures of $100 million or more in any one year by
State, local, and tribal governments in the aggregate, or by the
private sector. Therefore, a Section 202 statement under the Unfunded
Mandates Reform Act is not required.
Executive Order 12612
BLM has analyzed this rule under the principles and criteria in
Executive Order 12612 and has determined that the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Executive Order 12630
BLM certifies that the rule does not represent a governmental
action capable of interference with constitutionally protected property
rights. Thus, a Takings Implication Assessment need not be prepared
under Executive Order 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights.
Executive Order 12866
The proposed rule does not meet the criteria for significant
regulatory action requiring review by the Office of Management and
Budget under Executive Order 12866, Regulatory Planning and Review.
Executive Order 12988
The Department has determined that this rule meets the applicable
standards in Sections 3(a) and 3(b)(2) of Executive Order 12988, Civil
Justice Reform.
Author
The principal author of this rule is Frances Watson, Regulatory
Management Team, (202) 452-5006.
List of Subjects
43 CFR Part 6400
National Wild and Scenic Rivers System.
43 CFR Part 8350
National Trails System, National Wild and Scenic Rivers System,
Penalties, Public lands.
For the reasons discussed in the preamble and under the authority
of 43 U.S.C. 1740, BLM proposes to amend chapter II of Title 43 of the
Code of Federal Regulations as set forth below:
1. Part 8350 is removed.
2. A new part 6400 is added to read as follows:
PART 6400--WILD AND SCENIC RIVERS
Subpart A--Introduction
Sec.
6400.1 What is the purpose of part 6400?
6400.2 How are key terms in this part defined?
Subpart B--Proposed Water Resources Projects
6400.10 What procedures must a Federal department or agency follow
to receive consideration from BLM before providing assistance to, or
authorization of, a water resources project?
6400.11 Under what conditions will the Director approve Federal
assistance to, or authorization of, a water resources project?
6400.12 What is the time limit for the Director to approve Federal
assistance to, or authorization of, a water resources project?
Authority: 16 U.S.C. 1271-1288.
Subpart A--Introduction
Sec. 6400.1 What is the purpose of part 6400?
Part 6400 specifies BLM policies and procedures for administering
Federal assistance or licensing of water resources projects affecting
Wild and Scenic Rivers or Study Rivers.
Sec. 6400.2 How are key terms in this part defined?
As used in part 6400:
Act means the Wild and Scenic Rivers Act (82 Stat. 906, as amended;
16 U.S.C. 1271-1288).
Construction means any action carried on with Federal assistance
affecting the free-flowing characteristics or the outstandingly
remarkable values of a Wild and Scenic River or Study River.
Federal assistance means any assistance by an authorizing agency
before, during, or after construction. Such assistance may include,
among other examples, a license, permit, preliminary permit, or other
authorization granted by the Federal Energy Regulatory Commission
(FERC) under sections 4 (e) and (f) of the Federal Power Act (16 U.S.C.
797); a license, permit or other authorization granted by the Corps of
Engineer, Department of the Army, under the Rivers and Harbors Act of
1899 (33 U.S.C. 401 et seq.) and section 404 of the Clean Water Act (33
U.S.C. 1344); or any other license, permit, assistance, or
authorization required by a Federal department or agency.
Free-flowing means existing or flowing in a natural condition
without impoundment, diversion, straightening, rip-rapping, or other
modification of the waterway, as defined by section 16(b) of the Act
(16 U.S.C. 1286(b)).
Study period means the time during which the BLM will study an
eligible river as a potential component of the Wild and Scenic Rivers
System. The study period may last up to 3 additional years for
Congressional consideration of a report recommending designation, or
such additional time as may be provided by statute.
Study river means a river and the adjacent area within one quarter
mile on each side of the river from the ordinary high water mark (or
other width as identified by the Congress), which is designated for
study as a potential addition to the National Wild and Scenic Rivers
System under section 5(a) of the Act.
Water resources project means any project under the Federal Power
Act (41 Stat. 1063, 16 U.S.C. 791a) as amended, or other construction
of developments which may affect the free-flowing characteristics of a
Wild and Scenic River or Study River. Examples could include, among
others, dams, water conduits, reservoirs, powerhouses, transmission
lines, water diversion projects; dredge and fill operations, fisheries
habitat and watershed restoration/enhancement projects; bridge and
other roadway construction/reconstruction projects; bank stabilization
projects; channelization projects; recreation facilities such as boat
ramps and fishing piers; and activities such as suction dredging
associated with mining.
Wild and scenic river means a river and the adjacent area within
the boundaries of a component of the National Wild and Scenic Rivers
System.
[[Page 47728]]
Subpart B--Proposed Water Resources Projects
Sec. 6400.10 What procedures must a Federal department agency follow
to receive consideration from BLM before providing assistance to, or
authorization of, a water resources project?
(a) Advance notice. (1) Federal department sand agencies must
notify the Director, BLM, as soon as possible of their intention to
issue a license, permit, or other authorization for a federally-
assisted water resources project on any portion of a Wild and Scenic
River or Study River administered by the BLM.
(2) Agencies must send advance notice at least 60 days before the
date of the proposed action.
(3) Agencies should send the notice to the Director, Bureau of Land
Management, 1620 L Street NW., WO-420, Mail stop 204LS, Washington, DC
20240-9998.
(b) Contents of notice. Include the following information in the
notice:
(1) Name and location of affected river;
(2) Location of the project;
(3) Nature of the permit or other authorization proposed to be
issued;
(4) Description of the proposed activity; and
(5) Any relevant information, such as plans, maps, environmental
studies, assessments, or impact statements, alternatives, and
mitigating measures.
Sec. 6400.111 Under what conditions will the Director approve Federal
assistance to, or authorization of, a water resources project?
(a) The Director will approve Federal assistance to, or
authorization of, a water resources project if he or she determines
that:
(1) The water resources project will not have a direct and adverse
effect on the values for which a Wild and Scenic River was designated
or Study River was authorized, when any portion of the project is
within the boundaries of such river; or
(2) The effects of the water resources project will neither invade
nor unreasonably diminish the scenic, recreational, and fish and
wildlife values of a Wild and Scenic River, when any portion of the
project is located above, below, or outside the Wild and Scenic River;
or
(3) The effects of the water resources project will neither invade
nor diminish the scenic, recreational, and fish and wildlife values of
Study River when the project is located above, below, or outside the
Study River during the study periods; and
(4) The water resources project is in compliance with the National
Environmental Policy Act (NEPA).
(b) If the proposed assistance or authorization fails to meet the
above conditions, the Director will disapprove an authorization for a
water resources project.
Sec. 6400.12 What is the time limit for the Director to approve
Federal assistance to, or authorization of, a water resources project?
The Director must approve or disapprove an authorization for a
water resources project within 60 calendar days of receiving the
advance notice. The Director, to the extent possible, will expedite
consideration of a notice of intent for a project it is needed to
address an emergency.
Dated: August 27, 1996.
Sylvia V. Baca,
Deputy Assistant Secretary, Land and Minerals Management.
[FR Doc. 96-22706 Filed 9-9-96; 8:45 am]
BILLING CODE 4310-84-M