[Federal Register Volume 62, Number 180 (Wednesday, September 17, 1997)]
[Notices]
[Pages 48860-48868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24774]


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COUNCIL ON ENVIRONMENTAL QUALITY


American Heritage Rivers Initiative

AGENCY: Council on Environmental Quality.

ACTION: Description of American Heritage Rivers Initiative and 
information on how communities nominate their rivers.

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CONTENTS: The major sections of this document include:

Summary
Deadline
Availability of Nomination Packets and Supplementary Information
Background
Summary of Comments Received from the Federal Register Notices of 
May 19 and June 20
Overall Program Design
Benefits of Designation
Benefits to Applicants who Submit Complete Nomination Packages
Improved Services Available to All Communities
Clarifications
Appendices

Summary

    In the State of the Union Address on February 4, 1997, President 
Clinton announced an initiative supporting community-led efforts 
relating to rivers that spur economic revitalization, protect natural 
resources and the environment, and preserve historic and cultural 
heritage. President Clinton has since issued Executive Order 13061 
directing agencies to establish and implement the initiative. This 
notice summarizes the initiative developed to implement the President's 
directive.
    The federal government plays two critical roles in supporting 
river-related projects. First, it offers federal agency services to 
organizations and governments conducting community-based work. Second, 
it creates a national information and communications network to 
encourage communities to provide useful information to communities, 
including sharing success stories.
    The American Heritage Rivers initiative is voluntary and locally 
driven; communities choose to participate and can terminate their 
participation at any time. In implementing the American Heritage Rivers 
initiative, federal departments and agencies shall act with due regard 
for the protections of private property provided by the Fifth Amendment 
to the United States Constitution.
    The American Heritage Rivers initiative will create no new 
regulatory requirements or rules for property owners or state, tribal, 
or local governments. The American Heritage Rivers initiative will use 
existing federal resources more effectively to assist communities.
    To enhance federal assistance to community-based projects, the 
federal government will solicit nominations from communities wishing to 
designate their rivers as American Heritage Rivers. The nomination 
process is described in this notice. The President will designate 10 
American Heritage Rivers in early 1998. The communities surrounding 
designated rivers will receive a number of benefits, including special 
recognition; focused support from existing federal programs; a person 
(the ``River Navigator'') to serve as a liaison between the community 
and the federal government; improved delivery of assistance from 
agencies throughout the federal government; and a ``good neighbor'' 
policy. The federal government will work to integrate and streamline 
its approach to providing existing federal services in designated 
American Heritage River communities in partnership with local 
leadership. These partnerships will give the federal government an 
opportunity to study and improve how it provides assistance to 
communities across the nation.
    Additionally, the federal government will provide a new information 
center on the World Wide Web for community-based projects in economic 
revitalization, natural resources and the environment, and historic and 
cultural preservation. These Web pages will include information about 
services that can assist community projects and provide opportunities 
for dialogue between communities. The federal government will also 
provide this information to people without access to the Internet.
    The American Heritage Rivers initiative was developed by an 
interagency task force convened by the White House.
    The President's Executive Order creates a new committee, called the 
American Heritage Rivers Interagency Committee (Committee) that will be 
responsible for the implementation of the American Heritage Rivers 
initiative. The Committee will be composed of the following members or 
their designees at the Assistant Secretary level or equivalent:
     The Secretary of Defense;
     The Attorney General;
     The Secretary of the Interior;
     The Secretary of Agriculture;
     The Secretary of Housing and Urban Development;
     The Secretary of Transportation;
     The Secretary of Energy;

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     The Administrator of the Environmental Protection Agency;
     The Chair of the Advisory Council on Historic 
Preservation;
     The Chairperson of the National Endowment for the Arts;
     The Chairperson of the National Endowment for the 
Humanities.
    The Executive Order shall apply to any agency on the Committee and 
such other agencies as designated by the President.
    Each of these departments and agencies oversees programs and 
services, authorized by Congress, that can benefit citizens in 
riverfront communities. By engaging many of these departments and 
agencies in the creation of the American Heritage Rivers initiative, 
the Administration has tried to ensure that the initiative is founded 
on their various missions they are mandated to address, economic 
revitalization, natural resources and environmental protection, and 
historic and cultural preservation, and is directed at improving the 
coordination and delivery of related services.
    The American Heritage Rivers initiative embodies the 
Administration's effort to reinvent government in accordance with the 
National Performance Review. The National Performance Review, directed 
by Vice President Gore, seeks to create a government that works better 
and costs less through focusing on customer service, developing 
partnerships, and delegating power to the front lines.

Availability of Nomination Packets and Supplementary Information

    Deadline: Nominations must be received by 7:00 p.m., EST, on 
December 10, 1997. No nomination packets will be accepted after this 
time.
    Availability of Nomination Packets: Nomination packets are 
available by request:
    1. To call for nomination packets: 1-888-40RIVER and leave a 
message to request a nomination packet.
    2. To request nomination packets by mail, write to: Karen Hobbs, 
Agency Representative, Executive Office of the President, Old Executive 
Office Building, Room 360, Washington, D.C. 20502.
    3. To request nomination packets by Internet, access the American 
Heritage Rivers homepage at http://www.epa.gov/rivers.

Address

    Nomination packets will be accepted in three ways:
    1. To mail nomination packets: Executive Office of the President, 
Old Executive Office Building, Room 360, Washington, D.C. 20502.
    2. To fax nomination packets: 202-456-6546.
    3. To e-mail nomination packets see instructions on the American 
Heritage Rivers homepage at http://www.epa.gov/rivers.
    All applicants will receive a postcard notification that their 
nomination packet has been received.
    For Further Information: You can request additional information 
about American Heritage Rivers in the following ways:
    1. To receive an information packet or ask a specific question: 
Call 1-888-40RIVER and leave a message with you name, address and 
daytime telephone number. Please be as specific as possible in your 
information request.
    2. Federal field staff have been identified in each state to answer 
questions. You can obtain a list of the federal field staff by calling 
1-888-40RIVER, or by accessing the American Heritage Rivers home page 
at: http//www.epa.gov/rivers. A list of the agency staff in Washington, 
D.C. is also available via these two methods.
    3. The latest information is available on the American Heritage 
Rivers home page at: http//www.epa.gov/rivers.

Supplementary Information

    This notice is available on the American Heritage Rivers home page 
at: http://www.epa.gov/rivers.

Background

Why This Initiative?

    Rivers are an integral part of our Nation's history. They often 
define the distinctive character of communities, providing avenues for 
trade, opportunities for commerce, agriculture and forestry, routes for 
exploration and discovery, inspiration for ideas and culture, means of 
recreation, and habitat for wildlife.
    Communities across America are working to revitalize their 
waterfronts and to enhance the historic, cultural, recreational, 
agricultural, public health, and environmental values of their rivers. 
At the same time, many people have called for better, smarter, and more 
coordinated ways to work with the federal government. President Clinton 
instructed the Cabinet to work with communities in the design of this 
initiative to support community-led efforts that spur economic 
revitalization, protect natural resources and the environment, and 
preserve our historic and cultural heritage.
    The American Heritage Rivers initiative is consistent with the 
existing authorities articulated by Congress in the National 
Environmental Policy Act (NEPA) of 1969, as well as other authorities 
granted to agencies (the National Historic Preservation Act, the 
Housing and Community Development Act, the Clean Water Act and the 
Intermodal Surface Transportation Efficiency Act, to name a few). NEPA, 
for example, instructs federal agencies to seek to create and maintain 
conditions under which man and nature can exist in productive harmony, 
while preserving important historic, cultural, and natural aspects of 
our national heritage. The American Heritage Rivers initiative seeks to 
coordinate these existing authorities in a more efficient and 
complementary manner.

How Was the Initiative Developed?

    President Clinton announced the initiative during the State of the 
Union Address on February 4, 1997. An interagency task force was formed 
to develop the initiative and was charged to report to the President 
within 90 days. The task force was chaired by the Council on 
Environmental Quality, and participating agencies included the 
Departments of Agriculture, Commerce, Defense, Energy, Housing and 
Urban Development, Justice, Interior, Transportation, the Environmental 
Protection Agency, the Advisory Council on Historic Preservation, the 
National Endowment for the Arts, the National Endowment for the 
Humanities, and the Smithsonian Institution.
    On February 10, 1997, a home page on the World Wide Web was 
established to share ongoing information with the public and to 
encourage their input on all components of the initiative (http://
www.eps.gov/rivers). The home page is updated on a regular basis. In 
addition, a hotline was established for citizen comments and questions 
(1-888-40RIVER).
    During April and May, meetings were held across the country to 
solicit input on the criteria and selection process and to identify the 
particular federal resources sought most by communities. Staff members 
from the U.S. Congress authorizing and appropriating committees, along 
with a varied group of stakeholders, were invited to the two 
Washington, D.C. meetings. Meetings have also been held in Albuquerque, 
New Mexico; Boston, Massachusetts; Philadelphia, Pennsylvania; Atlanta, 
Georgia; Chicago, Illinois; San Francisco, California; Los Angeles, 
California; Seattle, Washington; Asheville, North Carolina; and Denver, 
Colorado. In addition, members of the interagency task force were 
invited to meetings in El Paso (organized by Congressman Silvestre 
Reyes) and

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Laredo, Texas (convened by Mayor Saul N. Ramirez, Jr. and Webb County 
Judge Mercurio Martinez, Jr.)
    Participants in these meetings offered many excellent suggestions 
on the overall initiative design and the needs of communities across 
the country engaged in river revitalization efforts. As a result, a 
draft notice of the initiative was published in the Federal Register on 
May 19. The Federal Register notice specifically asked for comments on 
the proposed overall design of the initiative, the qualifying and 
selection criteria, and the nomination and selection process. It also 
solicited advice regarding the specific types of federal assistance 
communities would find most helpful.
    The comment period was originally scheduled to end June 9, 1997, 
but was extended until August 20, 1997 at the request of individuals 
and organizations and to encourage additional public comment.
    Following the Federal Register notice, members of the interagency 
task force were invited to attend a number of meetings, including those 
in Minneapolis, Minnesota (organized by St. Paul Mayor Norm Coleman and 
attended by some 20 mayors along the Upper Mississippi River); the Fox 
River, Wisconsin (at the request of Congressman Jay Johnson); and the 
cities of Dubuque, Iowa; Jefferson City, Missouri; and Austin, Texas 
(at the invitation of representatives from the agriculture community); 
Denver, Colorado (at the invitation of the Upper Arkansas Watershed 
Council); West Virginia (at the request of the Hardy County 
Commissioners); and Frederick, Maryland (at the request of the 
Frederick County Board of Commissioners).

Summary of Comments Received From the Comment Period (May 19 to August 
20, 1997)

    The Federal Register notice comment period ran from May 19 to 
August 20, 1997, for a total of 90 days. The Administration is 
appreciative of all those who took the time to express their views and 
ideas on the initiative.
    More than 1,700 comments were received. Many respondents wrote in 
favor of the initiative, citing increased coordination of federal 
services, the attention to environmental, economic, and cultural and 
historic values in the design of the initiative, the integrated method 
to river restoration and revitalization, and the community-driven 
approach. Many appreciated the fact that no new regulations would be 
imposed as a result of the initiative.
    Many of the respondents wrote in opposition to the initiative. Many 
were opposed to federal involvement of any kind in restoring and 
revitalizing rivers and often expressed concern about property rights 
and the role of the United Nations along designated rivers.
    Efforts were made to address all comments received. Special effort 
was made to clarify and refine the following areas:
     Overall initiative design;
     Need for the initiative;
     Qualifying and selection criteria;
     Role of the federal government;
     Congressional, state, and local roles;
     Benefits to non-designated rivers;
     Role of the River Navigator;
     Private property concerns;
     Nomination and selection process;
     Public involvement in the design of the initiative.
    A summary of the comments received, and how each was addressed, 
appears in Appendix 2 of this notice.

Overall Program Design

    The American Heritage Rivers initiative will be driven by the needs 
and desires of communities that wish to participate. The federal 
government will focus the delivery of resources to support community-
led efforts that spur economic revitalization, protect natural 
resources and the environment, and preserve our historic and cultural 
heritage. The initiative will also pinpoint and recognize outstanding 
models of community-based development, conservation, and other efforts, 
and will, through an information clearinghouse, share the lessons 
learned in these communities with all who are interested.

How Do Communities Nominate a River and Who May Apply?

    The nomination process begins in the local community. People 
representing all the different interests who live and work in the area 
should come together to develop the nomination. After meeting to share 
information, identify common goals for their river, and set strategies 
to achieve those goals, they should ask one of their members to submit 
a nomination on their behalf.
    The nomination package must include a completed American Heritage 
Rivers Cover Sheet (printed at the end of this notice in Appendix 1) 
and responses to items 1-4, listed below. Responses to items 3 and 4 
constitute the primary basis for evaluating nominations. Items 1 and 2 
will be used to put responses to items 3 and 4 in context, but will not 
be used to assess the merits of the nomination. The President will 
designate rivers that receive the highest evaluation from items 3 and 4 
and have substantively answered items 1 and 2. The President will also 
seek rivers representing the geographical, historical, and resource 
diversity of the nation (for a complete discussion of additional 
factors used in the selection process, please see ``How Will Rivers Be 
Selected for Designation?'' below).
    These four items reflect changes made to the initiative as a result 
of public comment. In the May 19 and June 20 Federal Register notices, 
five criteria were listed: (1) Broad community support; (2) notable 
resource qualities; (3) local and regional partnership agreements; (4) 
strategies that lead to action; and (5) measurable results. In this 
final notice, two criteria from the earlier notices, (1) broad 
community support and (2) local and regional partnership agreements, 
have been combined into one item: ``illustrate support for the 
nomination and plan of action.'' The second criterion from earlier 
notices, notable resource qualities, is no longer a criterion because 
it is primarily descriptive. The two criteria from the earlier notices, 
(3) strategies that lead to action and (4) measurable results, have 
been combined into one item: ``describe the community's plan of 
action,'' which includes measures of performance as one of the 
components of the plan of action.
    The four items to be addressed in the nomination packet are:
1. Describe the Proposed American Heritage River Area
    Define the proposed area and describe its natural qualities and 
current uses; for example, economic activities, population patterns, 
and topography. The size may vary from a short stretch to the whole 
length of the river. It can cover land immediately adjacent to the 
river, such as the waterfront and stream side areas, or span the entire 
watershed. It may cross jurisdictional boundaries. The scope of the 
area, however, should be sufficient to achieve the community's goals.
2. Describe the Notable Resource Qualities in the Area
    Explain how the natural, economic, agricultural, scenic, historic, 
cultural, and/or recreational resources are distinctive or unique.
3. Describe the Community's Plan of Action
    Demonstrate that the community has in hand, or is developing, a 
clearly defined plan of action to achieve its vision for the river 
area. Applicants are expected to address all three American

[[Page 48863]]

Heritage Rivers objectives--economic revitalization, natural resource 
and environmental protection, and historic and cultural preservation--
either through planned actions or past accomplishments. Any actions 
planned on the designated river area should not adversely impact 
neighboring communities. The community may describe both long-term 
plans and short-term actions. It should also describe how private 
property rights will be respected.
    At a minimum, the plan of action should address:
     Community vision.
     Products and projects, including project maintenance.
     Resources, both committed and anticipated, including means 
of generating additional support from both private and public sources.
     Expected federal role.
     Schedule or timeline.
     Citizen involvement.
     Public education.
     Logistical support, operating procedures and policies.
     Prior accomplishments, if relevant, and relationship to 
existing plans and projects in the area.
     Challenges to community action.
     Measures of performance.
4. Illustrate Who Supports the Nomination and Plan of Action
    Demonstrate that a range of citizens and organizations support the 
nomination and plan of action. Provide evidence that members of the 
community have had an opportunity to comment on and discuss the 
nomination and plan of action.
     Supporters should reflect the diversity of the community. 
As appropriate, they should include farmers, ranchers, landowners, 
businesses and industries, educational and arts organizations, youth 
groups, community leaders, developers and community development 
organizations, historical societies, environmental groups, and other 
nonprofit organizations, elected officials, and state, tribal and local 
governments. Supporters should include minority and low income-
individuals and groups. Those who rely on the resources but live 
outside the area should also be included in discussions about the plan 
of action, but may not submit a nomination.
     Describe the nature and scope of the supporters' role. 
Demonstrate that they come from all affected jurisdictions.
     As appropriate, describe how past and continuing 
partnerships or agreements support the nomination proposal. If 
relevant, describe partnerships or agreements that were forged and 
commitments that were made specifically to support the American 
Heritage Rivers nomination proposal.
     Letters of endorsement and support are highly recommended, 
especially those from elected officials and appropriate state, tribal 
and local governments. Letters from federal agencies will not be 
accepted.
    Nominations must be limited to 15 pages of 10-point text or larger, 
using one-inch margins. Letters of endorsement should include names, 
addresses, and phone numbers of the supporters and will not count 
toward the 15-page limit. Letters of endorsement should also indicate 
the level of support to be given to the American Heritage River plan of 
action by the individual or organization writing the letter. Letters of 
endorsement must be included in the nomination packet; letters of 
endorsement sent separately will not be considered. Due to constraints 
on the review and selection process, additional materials, such as 
videos, photographs, and plans, will not be accepted; however, 
photographs may be embedded in the text if the total length does not 
exceed 15 pages.
    As part of a nomination packet, communities must identify projects 
they wish to undertake. Communities seeking designation do not have to 
agree on every aspect of the river's use; they must only agree to 
support the plan of action for the river they identify in their 
nomination package. Of course, any projects identified in the 
nomination packet must still undergo applicable state and local review 
processes.
    The most successful applicants will show evidence of broad 
community support and a clearly defined plan of action. A single 
nomination for the same river, river stretch or river confluence will 
indicate, in part, this broad community support. One nomination per 
river, river stretch or river confluence is recommended. Multiple 
nominations will be ranked and scored separately.
    The scope of the nomination does not have to include contiguous 
segments of the river. While it is desirable to apply for designation 
of contiguous river segments, nominations for two or more noncontiguous 
segments will be accepted and considered. It is conceivable that two 
communities will choose to nominate noncontiguous segments of the same 
river. Although this is acceptable, actions proposed should not 
adversely affect neighboring communities or have a negative impact on 
such things as cultural or natural resources, the environment, river 
access, water quantity or quality, agriculture, navigation, or flood 
plain management.
    After a designation is made, some communities may wish to add 
stretches of river as part of their designated river. The same process 
used by the community to seek designation should be used to augment the 
designated river area. The community should notify the Committee (see 
``Coordinated Delivery of Federal Services'' below) of this 
augmentation. The Committee will then make such recommendations to the 
President on behalf of the community.
    Foreign governments and their international organizations are 
ineligible to nominate rivers. Foreign governments and their 
international organizations will have no authority granted to them as a 
result of an American Heritage Rivers designation.
    Nominations are welcomed from community-led efforts that are well 
underway, as well as from new efforts that are not yet being 
implemented.

How Will Rivers Be Selected for Designation?

    A panel of experts on river issues will review nominations and 
recommend rivers to the President for designation. The panel will be 
composed of a number of interests, such as representatives of natural, 
cultural and historic resources concerns; scenic, environmental and 
recreation interests; tourism, transportation, and economic development 
interests; labor; and industries such as agriculture, hydropower, 
manufacturing, mining, forest management and others.
    The Chair of the Council on Environmental Quality shall develop 
procedures for selecting the members of the panel and directing its 
activities.
    In preparation for review by the panel, agency staff will score 
individual nominations based on community responses to items 1-4 
explained in detail above and summarized as follows:
    1. Description of the proposed American Heritage River area.
    2. Description of the notable resource qualities in the area.
    3. Description of the community's plan of action.
    4. Illustration of who supports the nomination and plan of action.
    Responses to items 3 and 4 constitute the primary basis for 
evaluating nominations and will be given equal weight in the scoring 
process, while items 1 and 2 will be used to put responses to items 3 
and 4 in context.
    From among those nominations that are considered to be qualified, 
the reviewing panel will also seek to recommend rivers for designation 
that

[[Page 48864]]

represent a range and variety of kinds of rivers, including those that:
     As a group and individually, represent the natural, 
historic, cultural, social, economic and agricultural diversity of 
American rivers.
     Showcase a variety of stream sizes and an assortment of 
urban, rural, and mixed settings from around the country. The Committee 
may recommend both relatively pristine and degraded rivers.
     Highlight a variety of innovative programs in such areas 
as historic preservation, wildlife management, fisheries restoration, 
recreation, community revitalization, agricultural practices, public 
health and drinking water source protection, and flood plain and 
watershed management.
     Include community partnerships in an early stage of 
development, as well as those that are more well established.
     Stand to benefit from requested federal assistance.
Number of Designations
    The President will designate ten rivers in early 1998. Additional 
designation in subsequent years will be guided by experience gained 
from the designated rivers and the level of community support for the 
initiative.
Terms of Designation
    American Heritage Rivers designation is intended to enhance the 
partnership between a community along a designated river and the 
federal government. Although the term of focused, active assistance 
will be limited to five years, it may be impossible to achieve 
measurable results from a community's plan of action in that time. 
Federal agencies may continue to provide appropriate services as part 
of their ongoing activities after this time.
    The community, with the support of the federal government, will 
work together to implement the plan of action. Designation will 
generally be considered permanent or until and unless termination of 
designation is sought.
    The Committee will develop a process by which any community that 
nominates and has its river designated may have this designation 
terminated at its request.
    Upon a determination by the Chair of the Council on Environmental 
Quality that a community has failed to implement its plan, the Chair 
may recommend to the President that a designation be revoked. The Chair 
shall notify the community at least 30 days prior to making such a 
recommendation to the President. Based on that recommendation, the 
President may revoke the designation.
    The federal government may also find it necessary to terminate 
designation because a community has failed to pursue its plan of 
action. The procedures for such an action will accompany the 
designation of American Heritage Rivers. Regardless of whether the 
community or the federal government has requested termination of 
designation, the other party shall be entitled to know the rational for 
the other party's action.

Benefits of Designation

Presidential Recognition

    Designated American Heritage Rivers will be selected by the 
President of the United States as rivers which deserve special 
recognition.

Coordinated Delivery of Federal Services

    Programs exist in numerous federal agencies to support economic 
revitalization, natural resources and environmental protection, and 
historic and cultural preservation, especially in the agencies that 
have participated in the development of American Heritage Rivers.
    All assistance from the federal government under the auspices of 
the American Heritage Rivers initiative will come at the request of the 
community. However, once a river is designated, a preliminary team of 
federal agency representatives will be available to help the community 
determine the role for federal assistance. A River Navigator, formerly 
referred to as a ``caseworker'' in public meetings and earlier 
documents (see ``River Navigator'' below, for a full description of 
this position) will be made available for each community. The American 
Heritage Rivers Interagency Committee (see ``Summary'' above) may 
assist in overcoming obstacles that arise as many federal services are 
provided.
    Examples of the federal assistance a community might receive 
include: information and maps to help communities identify and evaluate 
historic, environmental and economic resources; capacity building, 
planning and community outreach assistance to ensure a well-defined 
action strategy and a broad base of support; training in the use of 
soil and water quality information as a basis for decision-making and 
against which to measure progress; training and assistance with 
environmental monitoring to help communities develop a report card on 
river conditions and trends; research assistance to identify events and 
trends in local history; interpretive assistance to develop a framework 
for communicating the importance of the community's river heritage; 
technical and financial assistance to implement restoration and 
pollution prevention activities; and economic modeling to help 
communities assess benefits and costs of proposed projects.
    Within 90 days of designation, the community and the federal agency 
team should agree on a framework document to identify their proposed 
roles. The community and the federal team should agree upon one 
sponsoring federal agency to lead the coordination of federal 
resources. Methods for simplifying and expediting individual program 
services will be investigated, and, recommendations made, as 
appropriate, for improving the scope and substance of federal tools.
    The federal teams will function in partnership with each community, 
state, local, tribal governments, non-governmental organizations, and 
others, as appropriate.
    The Committee will oversee the federal responsibilities under the 
initiative. Based on the lessons learned from each designated river, 
the Committee will look for opportunities to reduce bureaucracy, 
streamline services, and overcome obstacles.
    Finally, federal employees providing assistance to designated 
American Heritage Rivers will participate in an evaluation of the 
successes and problems associated with the initiative and make 
recommendations for improving delivery and accessibility of services 
and programs.

River Navigator

    The community surrounding each designated river will have the 
opportunity to help select a River Navigator who will assist the 
community in implementing its plan of action. The River Navigator will 
serve as a liaison between the community and the appropriate federal 
programs; assist the community, if requested, in engaging the 
assistance of state, tribal, and local governments and private sector 
interest; provide information services; offer technical advice; and 
perform other duties as the community may request, consistent with the 
goals of the American Heritage Rivers initiative.
    The community, rather than the River Navigator, will be responsible 
for implementation of the community's plans. The River Navigator will 
have no authority to adjudicate and may not engage in the following: 
lobbying; leadership of the community partnership or any of its 
endeavors, or sponsoring organizations; or serve as an

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officer or voting member of the partnership or any sponsoring 
organization.
    In order to ensure clear communication, the federal government will 
request that the community identify a single point of contact as its 
representative to work closely with the River Navigator. Of course, all 
members of the community may speak with the River Navigator and other 
appropriate federal officials assisting American Heritage Rivers.
    The framework document, drafted by the federal agencies and the 
community within 90 days of designation, should include a position 
description for the River Navigator tailored to the unique needs of the 
community. The federal agencies and the community should develop 
performance measures for the River Navigator once she or he is 
identified. These performance measures must reflect the role of the 
River Navigator as defined in this Federal Register notice.
    The River Navigator will be selected by the sponsoring federal 
agency with input from the community (see ``Coordinated Delivery of 
Federal Services'' above), and will be filled for a period no longer 
than five years beginning no later than 120 days after the date of 
designation. Because each community will have difference needs, the 
sponsoring federal agency will identify several candidates for the 
River Navigator position from existing staff and provide an opportunity 
for the community to interview these candidates and provide input to 
the selection process. The River Navigator will have maximum latitude 
to work with the community, while also having direct access to 
principal staff of the sponsoring agency, including the agency 
representative on the Council (see ``Coordinated Delivery of Federal 
Services'' above) as well as other agencies.
    The River Navigator position will be fully federally funded, unless 
the community volunteers non-federal funds to support the position. 
There is no requirement that a community accept a federal employee as 
their River Navigator. If the community chooses not to take advantage 
of the benefit of having a River Navigator, the federal government will 
provide a point of contact on the Council to call upon as needed.

``Good Neighbor'' Policy

    Regarding those sites designated as American Heritage Rivers, the 
federal government intends to act as a ``good neighbor'' in planning 
and making decisions that affect economic development, natural 
resources and environmental protection, and historic and cultural 
preservation. The assistance provided by federal agencies is intended 
to enhance and complement local community goals. In coordinating with 
state, tribal and local governments, federal agencies will strive to 
minimize inconsistency, and to reduce or eliminate conflicting policies 
and programs operating on and around designated rivers. Through early 
coordination and public involvement, federal agencies will be in a 
better position to accommodate the local community plans for designated 
rivers when planning proposed federal actions. The Good Neighbor policy 
will add no new layers of review or approval to federal actions--it 
will simply facilitate those coordination policies and review processes 
already in place, and encourage the consolidation and streamlining of 
existing review processes, where possible.
    Federal agencies will be encouraged to work in partnership with 
communities. Local federal facilities will be encouraged to provide 
public access, physical space, technical assistance, and other support 
for which they have authority and resources.

Private Sector Opportunities

    The Administration will look for opportunities to help communities 
access resources from the private sector to help accomplish the 
purposes of this initiative.

Benefits to Applicants Who Submit Complete Nomination Packages

    Communities that invest their time to complete the American 
Heritage Rivers nomination package have already taken important steps 
to revitalize their communities and improve their rivers. In 
recognition of these efforts, those who submit complete nomination 
packages will receive:
     An invitation to a national or regional symposium on 
partnering with federal, state, tribal and local governments to share 
information and learn about the tools and resources available from a 
variety of sources, including community organizations. These symposia 
will also provide community members an opportunity to give important 
feedback to federal program managers.
     Relevant site-specific data and computer software, 
including environmental information, geological maps, community 
planning software and economic modeling tools. This information will be 
tailored to meet the community's needs as identified in their 
nomination.

Improved Services Available to All Communities

    All communities will benefit from improved federal services. 
American Heritage Rivers Services consolidates existing information 
from many organizations in one, easy-to-use World Wide Web site. Those 
who do not have Internet access can call 1-888-40RIVER to request 
information.
    Services, tools and products related to these three primary 
objectives of American Heritage Rivers are referenced in the web site. 
Users may choose from categories such as:
     Information Centers, Publications, Maps and Databases.
     Calendars, Discussion Groups, and Contacts.
     Hands On Assistance and Talent Banks.
     Laws and Regulations.
     Financial Assistance.
     Community Outreach Tools, Curricula, and Professional 
Training.
     Data Collection and Evaluation Techniques.
     Planning and Management Tools.
     Research and Development.
    Each entry describes the services and provides contacts for further 
information, including Internet links (where possible).
    American Heritage Rivers Services also provides information 
organized geographically. Using familiar prompts, such as a river or 
city name, users can locate information on flood events, population 
change, road networks, the condition of the water resources, and the 
partnerships already at work in their area. They can construct 
customized maps and download them, use economic and environmental 
assessment models, find information on relevant educational programs, 
link their own information, or enter a dialogue with others.

Clarifications

What is the Role of the Federal Agencies?

    The role of the federal agencies in this initiative is to listen to 
community concerns and needs; to work with communities engaged in 
conservation and development activities; to overcome obstacles in the 
delivery of federal services to identified local priorities; and to 
play a coordination role in helping communities and government agencies 
learn from each other and compile the best practices, standards, and 
models for emulation throughout the country.
    The greater coordination of federal agencies involved in the 
American Heritage Rivers initiative may result in

[[Page 48866]]

more efficient review of federal actions taken in conjunction with 
implementation of the community's plan of action.
    While federal agencies will not endorse individual nominations for 
designation as an American Heritage River, they will be able to answer 
questions about the nomination process and continue to work with local 
government and nongovernmental organizations, some of which may be 
pursuing designation.
    All activities proposed under the American Heritage Rivers 
initiative must comply with and be consistent with any applicable 
federal, state, tribal and local laws, be voluntary, and be helpful to 
local governments. There is nothing in the American Heritage Rivers 
initiative that will alter any obligation of the federal government to 
comply with NEPA or any other statutory or regulatory requirements. 
Nothing herein shall create or alter any rights, duties, obligations, 
causes of action or defenses, implied or otherwise, of any person or 
entity. American Heritage Rivers is a commitment by the federal 
government to try to provide those programs and resources, identified 
by the community and paid for by taxpayers, in the most efficient and 
effective manner possible.
Protection for Private Property and Other Rights
    The Administration is committed to ensuring that private property 
rights, water rights, and other rights are fully respected and 
protected under the American Heritage Rivers initiative.
     The American Heritage Rivers initiative will work in 
coordination with laws and regulations that seek to reduce pollution, 
improve water quality, protect drinking water, manage floodplains, 
promote economic development, facilitate interstate commerce, promote 
agriculture, protect wetlands and endangered species, preserve 
important historic and archaeological sites, and address other 
concerns.
     The American Heritage Rivers initiative will not conflict 
with matters of state and local government jurisdiction, such as water 
rights, land use planning and water quality standards, nor will it 
change interstate water compacts, Indian tribal treaty rights, flood 
damage reduction, or other existing rights. By achieving greater 
coordination between programs and local needs, American Heritage Rivers 
will work to build mutual understanding and better solutions to 
existing and future problems. It will provide a forum in which federal 
officials, community organizations, and other stakeholders can examine 
how the range of regulations are implemented locally.
     Employees of the federal government, including the River 
Navigator, may not as a result of the American Heritage Rivers 
initiative infringe on the existing authority of local governments to 
plan or control, land use, or provide or transfer authority over such 
land use; nor may the initiative affect any existing limitations on or 
create any new authorities for the participation of federal employees, 
including River Navigators, in local zoning or land management 
decisions involving private property.
     The initiative will not supersede, abrogate, or otherwise 
impair the authority of each state to allocate quantities of water 
within its jurisdiction; and any proposal relating to water rights in a 
community's plan must comport with all applicable laws and interstate 
compacts. Nothing in this initiative is meant to preclude any holder of 
a state water right from exercising that right in a manner consistent 
with state law.
     In implementing the American Heritage Rivers initiative, 
federal departments and agencies shall act with due regard for the 
protections of private property provided by the Fifth Amendment to the 
United States Constitution.

What is the Role of State, Tribal, and Local Governments?

    State, tribal, and local governments play critical roles in the 
American Heritage Rivers initiative. The initiative is designed to 
complement the work already taking place at the state, tribal and local 
levels. Local agencies in particular bring a unique and valuable 
perspective. The American Heritage Rivers initiative can serve as a 
catalyst to bring these stakeholders together, including neighboring 
localities and states that share rivers.
    Through partnerships, the American Heritage Rivers initiative will 
bring federal, state, tribal and local resources together to improve 
the ten designated rivers and provide more efficient services to 
communities. The greater efficiency achieved through greater 
coordination of federal services will translate into easier access to 
federal services by state, tribal, and local governments.
    Projects identified through the nomination process for American 
Heritage Rivers will undergo appropriate state and local review 
processes. The identification of projects in the nomination process 
should not circumvent local, regional, or state planning forums, 
especially those involving public review process. Indeed, as 
appropriate, such processes should complement public outreach efforts 
and can serve as public forums on proposed projects to be undertaken as 
part of designation as an American Heritage River. Designation should 
not impact existing timetables for projects already identified by the 
community. In many cases, designation could accelerate completion of 
common objectives.
    Many of the federal agencies already have close working 
relationships with state, tribal, and local governments. These 
relationships will continue. The River Navigator may request that 
state, tribal, and local governments participate in the teams that will 
be assembled to work with each community to implement its plan of 
action.
    Evidence of state, tribal, and local government support will be a 
key element in selecting American Heritage Rivers. It is likely that 
state, tribal, and local governments will submit nominations on behalf 
of communities who wish to participate.
    The American Heritage Rivers initiative schedule:

1997

February-ongoing: Outreach to Interested Organizations and 
Individuals
May-August: Federal Register notice of Draft Program Design, with 
Comment Period
September: Cabinet Recommends Initiative Design to President
Mid-September: Federal Register notice of Final Program, Open 
Nomination Period
December 10: Nominations Due

1998

Early 1998: Designated Rivers Announced

    Dated: September 12, 1997.
Kathleen A. McGinty,
Chair, Council on Environmental Quality.

APPENDICES

Appendix 1--American Heritage Rivers Cover Sheet for Nomination Packet

[OMB Control No. 0596-0143; Expiration Date: 3/31/98]

    To be considered, nomination packets must be received by 7:00 
p.m. Eastern Standard Time on December 10, 1997.
    Mail your completed nomination packet to: American Heritage 
Rivers, Executive Office of the President, Old Executive Office 
Building, Room 360, Washington, D.C. 20502.
    Or fax to: (202) 456-6546.
    Or to e-mail: See instructions on American Heritage Rivers web 
site at http://www.epa.gov/rivers.
    1. Name of proposed American Heritage River: ________________
    2. Nominating Organization(s): __________
    3. Primary Point of Contact: __________

[[Page 48867]]

  Title:---------------------------------------------------------------
  Organization:--------------------------------------------------------
  Street Address:------------------------------------------------------
  City:----------------------------------------------------------------
  State:---------------------------------------------------------------
  ZIP:-----------------------------------------------------------------
  Phone: Work----------------------------------------------------------
  Home:----------------------------------------------------------------
  FAX------------------------------------------------------------------
    4. Certification and Signature of Primary Point of Contact:
    To the best of my knowledge, the information contained in this 
Nomination Packet is accurate.
  Name of Contact (print):---------------------------------------------
  Title:---------------------------------------------------------------
  Signature and Date:--------------------------------------------------
    Nominations must be limited to 15 pages of 10-point text or 
larger, using one-inch margins. Letters of endorsement should 
include names, addresses, and phone numbers of the supporters and 
will not count toward the 15-page limit. Letters of endorsement 
should also indicate the level of support to be given to the 
American Heritage River plan of action by the individual or 
organization writing the letter. Letters of endorsement must be 
included in the nomination packet; letters of endorsement sent 
separately will not be considered. Due to constraints on the review 
and selection process, additional materials, such as videos, 
photographs, and plans, will not be accepted; however, photographs 
may be embedded in the text if the total length does not exceed 15 
pages.
    Facsimile (FAX) of nomination packets will be accepted. Fax to 
(202) 456-6546.
    Nomination packets may be submitted electronically. See 
instructions on the American Heritage Rivers web site at http://
www.epa.gov/rivers.
    If faxing or sending electronically, please also complete and 
mail the cover sheet along with any letters of endorsement.
    The nomination packet must be received by 7:00 p.m. Eastern 
Standard Time on December 10, 1997.
    Information supplied on the nomination cover sheet will be used 
to determine eligibility for American Heritage River designation and 
is required to receive program benefits.
    Estimated burden for preparing this application is 32 hours per 
response. If you have comments on this burden estimate, contact 
American Heritage Rivers c/o Council on Environmental Quality, 
Executive Office of the President, Old Executive Office Building, 
Room 360, Washington, DC 20502. Information supplied on the 
nomination cover sheet is public and may not be held confidential. 
An agency may not contact or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number.

Appendix 2--Summary of Comments Received and How They Were Used

    A content analysis of the comments was performed to provide an 
accurate picture of expressed public opinion on the initiative. The 
comments were incorporated into the final design of the initiative. 
A 100 percent analysis was carried out on the 1,727 letters, e-mail 
messages, phone messages, faxes, petitions and form letters received 
through August 20. Each letter was read and coded by a team trained 
in content analysis procedures. Each substantive comment was divided 
into subject categories and captured verbatim in the database.
    Individuals made up the largest response (58.5 percent). Others 
who commented identified themselves as farmers and ranchers (4.2 
percent); environmental organizations (3.9 percent), and elected 
officials (12.1 percent, including Members of Congress).
    Respondents commented on a wide range of subjects. In particular 
they focused on the following (not in rank order):
     Overall initiative design;
     Need for the initiative;
     Qualifying and selection criteria;
     Role of the federal government;
     Congressional, state, and local roles;
     Benefits to non-designated rivers;
     Role of the River Navigator;
     Private property concerns;
     Nomination and selection process
     Public involvement in the design of the initiative.

Overall Initiative Design

    Many comments were favorable, citing increased federal 
coordination, the attention to a range of values in the design of 
the initiative, the integrated approach to river restoration and 
revitalization, and the community-driven approach. Many comments 
were appreciative of the non-regulatory design of the initiative.
    Several comments addressed initiative funding. Some requested 
that the initiative be funded adequately to ensure success; others 
stated that the initiative would be too costly. Many respondents 
wanted to know more about the cost of the initiative and many were 
concerned that support for existing programs would be withdrawn in 
order to pay for the initiative. Still others stated that ``no new 
money'' was a good catalyst and freed communities to develop more 
creative solutions.
    In response, this Federal Register notice clarifies that the 
American Heritage Rivers initiative is about improved government 
responsiveness, efficiency, and effectiveness. The programs that are 
part of the initiative are already authorized by Congress; the 
initiative will ensure these programs are better coordinated and 
targeted. With a full understanding of the community's needs and 
coordinated assistance, the appropriate federal program will more 
quickly be available to a given community (reducing costly delays 
and wasteful duplication of efforts).

Need for the Initiative

    Some respondents expressed concern that the initiative would 
create another bureaucratic layer and merely duplicate existing 
federal, state, and local programs. Among those who stated that the 
initiative was useful and needed, the principal reasons given were 
river revitalization and improvement of federal programs by focusing 
on community-based solutions. This Federal Register notice clarifies 
that the initiative is needed in order to support locally-led 
efforts aimed at economic development, natural resources and 
environmental protection, and historic and cultural preservation in 
an efficient and effective manner. See additional discussion under 
``Why this initiative?''

Qualifying and Selection Criteria

    On the subject of qualifying criteria, a number of respondents 
were concerned that only certain types of rivers would be 
designated--those with prior successes, those rivers in relatively 
pristine condition, or only rivers in the East. A number of 
respondents stated that highly degraded rivers and efforts at an 
early stage of development were most deserving of designation. This 
Federal Register notice clarifies that a diversity of rivers will be 
selected. See additional discussion under ``How will rivers be 
selected for designation?''

Role of the Federal Government

    Respondents raised many questions on what new roles, in any, 
federal agencies would play in their communities. The role of 
federal agencies in this initiative is to listen to community 
concerns and needs; work with communities engaged in conservation 
and development activities; overcome obstacles in the delivery of 
federal services and responses to identified local priorities; and 
play a coordination role in helping communities and government 
agencies learn from each other and compile the best practices, 
standards, and models for emulation throughout the country. See 
additional discussion under ``What is the role of the federal 
agencies?''

Congressional, State, and Local Roles

    Respondents raised questions about the involvement of Congress 
and the states in both the design of the initiative and its 
implementation. Because Congress authorizes and appropriates funds 
for the agencies involved in American Heritage Rivers, efforts have 
been made to inform Members of Congress of the initiative's progress 
from the beginning. Representatives from the participating agencies 
invited staff from the authorizations and appropriations committees 
to two meetings held in Washington, D.C. In addition, the agencies 
held briefings for House and Senate staff and met or talked with 
over 100 Congressional offices.
    The states have provided input into the initiative, through the 
National Governors Association and through individual agencies. 
Individual elected officials, as well as the National Conference of 
Mayors, commented as well. This Federal Register notice clarifies 
that state and local support will be critical to successful 
designation and that the initiative will not conflict with matters 
of state, tribal and local government jurisdiction.
    Many respondents from all parts of the country called for more 
involvement by the states in implementing such an initiative, so 
that the states' priorities are not overlooked. This Federal 
Register notice clarifies that state, tribal, and local governments 
all play critical roles in implementing this initiative.
    See additional discussion on the role of states in implementing 
the initiative under ``What is the role of the states and local

[[Page 48868]]

government?'' and ``What is the Role of the Federal Agencies?''

Benefits to Non-Designated Rivers

    Respondents were curious about what benefits will go to non-
designated rivers. The initiative provides benefits to all people 
working to revitalize their rivers. See additional discussion under 
``Benefits to Applicants Who Submit Complete Nomination Packets'' 
and ``Improved Services Available to All Communities.''

Role of the River Navigator

    Some respondents stated that the River Navigator would be of 
great help to the community; others focused on the possibility that 
this individual would hold too much power, would add a layer of 
bureaucracy, and/or would not represent the community's wishes. 
These issues have been clarified in this Federal Register notice. 
The River Navigator will not be given any new authority over local 
zoning or local land use decisions. When American Heritage Rivers 
are selected, members of the relevant communities will have the 
opportunity to help shape the specific duties of their River 
Navigator and have a role in choosing one Navigator from several 
candidates. Although the Administration believes that River 
Navigators will be extremely helpful, no community will be required 
to accept a River Navigator. See additional discussion under 
``Benefits of Designation,'' subsection ``River Navigator.''

Private Property Concerns

    Many wrote in with concerns about private property rights. While 
existing laws and programs will continue to apply, the American 
Heritage Rivers initiative, in and of itself, will have no effect on 
private property rights. However, several new directives concerning 
protection of property rights were included in the Federal Register 
notice. See additional discussion under ``What is the Role of the 
Federal Agencies?'' and ``Protection for Private Property and Other 
Rights.''

Nomination and Selection Process

    Many respondents questioned how rivers would be nominated. The 
term ``river community'' was confusing to many people. They sought 
clarification on which groups composed a ``river community'' and the 
extent of community support needed for a nomination. Of particular 
concern was that a group of people who lived outside the ``river 
community'' could successfully nominate a river without the support 
of the people who relied on the river for their livelihood or 
recreation.
    Only those people who live or work in the proposed area may 
nominate their river. However, people representing all interests 
should be involved in the process. See discussion under ``Summary of 
American Heritage Rivers Initiative'' and ``How do communities 
nominate a river and who may apply?''
    Respondents showed considerable interest in particular rivers 
being designated. As of September 12, 1997, no nominations have been 
solicited or accepted and no rivers have been selected. Nomination 
packets are now available. The nomination period will be open from 
September 11 to December 10. The President will announce the 
selected rivers in early 1998. See more detailed discussion under 
``How do communities nominate a river and who may apply?'' and ``How 
will rivers be selected?''

Public Involvement in the Design of the Initiative

    Respondents sought information on when and how the public has 
played a role in designing the initiative. Extensive public 
involvement has been a cornerstone of the initiative from the 
beginning. See discussion under ``How the initiative was 
developed.''

[FR Doc. 97-24774 Filed 9-16-97; 8:45 am]
BILLING CODE 3125-01-M