[Federal Register Volume 63, Number 89 (Friday, May 8, 1998)]
[Notices]
[Pages 25479-25480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12432]


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COUNCIL ON ENVIRONMENTAL QUALITY


American Heritage Rivers Initiative

AGENCY: Council on Environmental Quality.

ACTION: Description of Administration policy regarding congressional 
opposition to designation of American Heritage Rivers.

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    Immediately following the 1997 State of the Union Address, 
President Clinton instructed the Cabinet to work with communities on 
the design of the American Heritage Rivers initiative to support 
community-led efforts that spur economic revitalization, protect 
natural resources and the environment, and preserve our historic and 
cultural heritage. In response to this initiative, communities across 
the country nominated 126 rivers (or stretches of rivers) for 
designation as an American Heritage River. An advisory committee of 
nonfederal experts will review all nominations and recommend rivers to 
the President for designation.
    An interagency working group convened by the White House developed 
guidelines for the review of nominations. As stated in the Federal 
Register Notice of September 17, 1997 and President Clinton's Executive 
Order of April 7, 1998, the advisory committee will provide an 
assessment of the following for each nomination:
    1. The scope of each nomination's application and the adequacy of 
its design to achieve the community's goals;
    2. Whether the natural, economic (including agricultural), scenic, 
historic, cultural, and/or recreational resources featured in the 
application are distinctive or unique;
    3. The extent to which the community's plan of action is clearly 
defined and the extent to which the plan addresses all three American 
Heritage Rivers objectives--natural resource and environmental 
protection, economic revitalization, and historic and cultural 
preservation--either through planned cooperative action or past 
accomplishments.
    4. The strength and diversity of support for the nomination and 
plan of action as evidenced by letters from local and State 
governments, Indian tribes, elected officials, any and all parties who 
participate in the life and health of the area nominated, or who have 
an interest in the economic life and cultural and environmental vigor 
of the involved community.
    The Administration believes that public input into the design of 
the initiative and into individual river nominations is critically 
important. Representatives from Federal agencies traveled around the 
country to meet with community organizations, local governments and 
industry associations to learn their views on the initiative and 
incorporate them into its design.
    On May 19, 1997, the Administration published a notice in the 
Federal Register requesting comment about the initiative's structure, 
the criteria used to determine eligible rivers, the needs of 
communities for technical assistance and funding, and other items. The 
Administration incorporated many of the more than 1,700 comments 
received during the more than 90 days of public input into the final 
design of the initiative that was published on September 17, 1997 in 
the Federal Register. This notice also included how communities apply 
for designation, specifically asking them to demonstrate strong and 
diverse public support for the nomination.
    Nominations closed on December 10, 1997. Members of Congress were 
sent copies of nominations from their districts and asked to provide 
comments to the Administration by January 23, 1998.
    The Administration received more than 200 responses from Members of 
Congress, both in support and opposition, to particular nominations. 
Overall, Members expressed support for rivers that were nominated in 
their districts or State by more than a 4:1 ratio.
    The views of Members of Congress on specific nominations have 
particular importance in evaluating applications. Elected officials 
such as Members of Congress represent a diversity of concerns within a 
community that need to be taken into account. Furthermore, the views of 
Members of Congress are especially relevant in this case since American 
Heritage Rivers is a Federal initiative on behalf of those communities. 
The Administration concluded accordingly that, under the conditions 
described in this notice, if a Member of Congress opposes the 
nomination of a river in his or her district, it means that a 
sufficient strength and diversity of support were not demonstrated for 
such a designation, and that the nomination did not satisfy that 
particular criteria.
    In order to respond to the views of Members of Congress who oppose 
specific nominations, the Administration has agreed that the nomination 
of certain rivers or stretches of river would be excluded from 
consideration for designation under this initiative, if the Member so 
requested.

[[Page 25480]]

The way in which this exclusion works is summarized in this notice as 
follows.
    A Member of the U.S. House of Representatives may request that a 
nomination as an American Heritage River not be considered for 
selection. If the entire nominated portion of the river flows through 
the district of that Member, then the nomination will not be considered 
by the advisory committee. If only a portion of the river flows through 
the Member's district, then that portion of the river would not be 
included in any designation by the President. The advisory committee in 
its consideration of that nomination would need to weigh the extent to 
which that exclusion affects the merit of the balance of the 
nomination. A Member may only make such a request for rivers, or 
portions of rivers, that flow through his or her district and may not 
exclude from consideration the nomination of a river in the district of 
another Member.
    Likewise, the Senators from a state may request that a nomination 
as an American Heritage River not be considered for selection. A 
request made by both Senators will be dispositive of the application. 
If the entire nominated portion of the river flows through the state of 
the Senators, then the nomination will not be considered by the 
advisory committee. If only a portion of the river flows through the 
Senator's state, then that portion of the river would not be included 
in any designation by the President. The advisory committee in its 
consideration of that nomination would need to weigh the extent to 
which that exclusion affects the merit of the balance of the 
nomination. A Senator may only make such a request for rivers or 
portions of rivers that flow through his or her state and may not 
exclude from consideration the nomination of a river in another state. 
Of course, if a single Senator opposes a nomination, and the other 
Senator and the relevant House Member express no view, the nomination 
will not be considered by the advisory committee.
    Where the view of a single Senator who opposes a nomination 
conflicts with the position of the other Senator from that state or a 
Member of Congress (for that part of a river which he or she 
represents) because one or the other supports the nomination, then the 
views of all members of the Congressional delegation will be presented 
to the advisory committee. In such cases, the advisory committee will 
evaluate the merits of the nomination and the degree to which the 
criteria of strength and diversity of support have been satisfied by 
the application. However, if any House Member opposes a nomination, 
then no designation of any stretch of the river will be considered in 
his district as previously outlined in this notice.
    Nine rivers completely eliminated from consideration by 
Congressional opposition:
     Clearwater River, ID, MT--Representative Helen Chenoweth 
(ID-1), Senator Conrad Burns (MT), Senator Larry Craig (ID), 
Representative Rick Hill (MT-ALL), Senator Dirk Kempthorne (ID);
     Gunnison River, CO--Representative Scott McInnis (CO-3), 
Senator Ben Nighthorse Campbell (CO);
     Osage River, MO--Representative Ike Skelton (MO-4);
     St. Mary's River, MI--Representative Bart Stupak (MI-1);
     San Joaquin River, CA--Representative George Radanovich 
(CA-19);
     San Juan River, NM--Representative Bill Redmond (NM-3);
     San Luis Rey River, CA--Representative Randy Cunnningham 
(CA-51), Representative Ron Packard (CA-48);
     Snohomish River, WA--Representative Jack Metcalf (WA-2);
     Upper Rio Grande, NM--Representative Bill Redmond (NM-3), 
Representative Steve Schiff (NM-1), Joe Skeen (NM-2).
    Sixteen rivers affected in part by Congressional opposition:
     American River, CA--Representative John Doolittle (CA-4), 
Richard Pombo (CA-11);
     Arkansas River, AR, CO, OK, KS--Representative Marion 
Berry (AR-1), Senator Sam Brownback (KS), Representative Tom Coburn 
(OK-2), Representative Jay Dickey (AR-4), Representative Jerry Moran 
(KS-1), Representative Todd Tiahrt (KS-4), Asa Hutchinson (AR-3), 
Senator Tom Hutchinson (AR), Senator Ben Nighthorse Campbell (CO);
     Cold Water Creek, MO--Representative James Talent (MO-2);
     Columbia River, OR--Senator Gordon H. Smith (OR);
     French Broad River, NC--Representative Charles Taylor (NC-
11);
     James River, VA--Representative Thomas Bliley, Jr. (VA-7);
     Jordan River, UT--Representative Christopher Cannon (UT-
3);
     Mississippi River, MO--Representative Pat Danner (MO-6), 
Representative James Talent (MO-2);
     Missouri River, MT, MO, NE, SD--Representative Pat Danner 
(MO-6), Representative Rick Hill (MT-ALL), Representative Kenny Hulshof 
(MO-9), Representative James Talent (MO-2), Representative Ike Skelton 
(MO-4), Senator Sam Brownback (KS), Senator Conrad Burns (MT), Senator 
Hagel (NE), Representative John Thune (SD-ALL), Representative Vincent 
Snowbarger (KS-3);
     Ohio River, IN--Representative John Hostettler (IN-8);
     Ouachita River, LA/AR--Representative Jay Dickey (AR-4), 
Representative Asa Hutchinson (AR-3), Senator Tim Hutchinson (AR);
     St. John's River, FL--Representative David Weldon (FL-15), 
Representative Cliff Stearns (FL-6);
     San Antonio River, TX--Representative Lamar Smith (TX-21);
     South Platte River, CO--Senator Ben Nighthorse Campbell 
(CO);
     Santa Cruz River, AZ--Senator Jon Kyl (AZ);
     Yellowstone River, WY, MT--Representative Barbara Cubin 
(WY-ALL), Representative Rick Hill (MT-ALL), Senator Conrad Burns (MT), 
Senator Michael Enzi (WY), Senator Craig Thomas (WY);
     Williamette River, OR--Senator Gordon H. Smith (OR).

FOR FURTHER INFORMATION CONTACT: Karen Hobbs, Agency Representative, 
Council on Environmental Quality, Old Executive Office Building, Room 
360, Washington, D.C. 20501. Phone: 202-395-7417; Fax: 202-456-6546.

    Dated: May 6, 1998.
Kathleen A. McGinty,
Chair, Council on Environmental Quality.
[FR Doc. 98-12432 Filed 5-7-98; 8:45 am]
BILLING CODE 3125-01-M