[Federal Register Volume 63, Number 244 (Monday, December 21, 1998)]
[Notices]
[Pages 70381-70383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33649]


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DEPARTMENT OF AGRICULTURE

Forest Service


Wild and Scenic River Suitability Study for Pine Creek (Box/Death 
Hollow Wilderness Section), Mamie Creek and Its West Tributary, Death 
Hollow Creek (Box/Death Hollow Wilderness Section), East Fork Boulder 
Creek, Slickrock Canyon, Cottonwood Canyon, Steep Creek, Water Canyon, 
Lamanite Arch Canyon, and The Gulch, Dixie National Forest, Garfield 
County, UT

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: Notice is hereby given that the Forest Service, USDA, will 
prepare an environmental impact statement (EIS) which analyzes the 
suitability of

[[Page 70382]]

sections of Pine Creek (Box/Death Hollow Wilderness portion), Mamie 
Creek and its west tributary, Death Hollow Creek (Box/Death Hollow 
Wilderness portion), East Fork Boulder Creek, Slickrock Canyon, 
Cottonwood Canyon, Steep Creek, Water Canyon, Lamanite Arch Canyon, and 
The Gulch, within the Dixie National Forest boundary in Garfield 
County, Utah, for inclusion into the National Wild and Scenic Rivers 
System. The Forest Service invites written comments and suggestions on 
the suitability of these river sections. The DEIS will also include a 
Forest Land and Resource Management Plan amendment. The amendment will 
provide interim protection for those rivers recommended to Congress 
until Congress rules on a final recommendation.
    The agency gives notice that the environmental analysis process is 
underway. Interested and potentially affected persons, along with 
local, state, and other federal agencies, are invited to participate 
and contribute to the environmental analysis prior to final 
recommendation to Congress.

DATES: Written comments to be considered in the preparation of the 
Draft Environmental Impact Statement (DEIS) should be submitted on or 
before January 22, 1999.

ADDRESSES: Submit written comments to: Forest Supervisor, Dixie 
National Forest, 82 N. 100 E., Cedar City, UT 84720.

FOR FURTHER INFORMATION CONTACT:
Questions about the proposed action and draft EIS should be directed to 
Steve Robertson, Wild and Scenic River Planning Team Leader, Dixie 
National Forest, 82 N. 100 E., Cedar City, UT 84720; telephone 435-865-
3700.

SUPPLEMENTARY INFORMATION: The USDA, Forest Service will study the 
suitability of sections of Pine Creek (Box/Death Hollow Wilderness 
portion), Mamie Creek and its west tributary, Death Hollow Creek (Box/
Death Hollow Wilderness portion), East Fork Boulder Creek, Slickrock 
Canyon, Cottonwood Canyon, Steep Creek, Water Canyon, Lamanite Arch 
Canyon, and The Gulch, within the Dixie National Forest boundary for 
possible inclusion in the National Wild and Scenic Rivers System. This 
suitability analysis is being initiated in response to the Management 
Plan currently being prepared by the Bureau of Land Management (BLM) 
for the Grand Staircase-Escalante National Monument (GSENM). A portion 
of this plan includes an assessment of streams and rivers within the 
boundary of the GSENM for inclusion into the National Wild and Scenic 
Rivers System. Recognizing the need for consistency across 
jurisdictional boundaries, the Dixie National Forest, Bryce Canyon 
National Park, and Glen Canyon National Recreation Area, have worked 
together with the GSENM during the eligibility phase of their wild and 
scenic rivers analysis. This increased the Monument's study area to 
include portions of rivers that extended onto other Federally managed 
areas and allowed the planning team to look at entire watersheds.
    Section 5(d)(1) of the Wild and Scenic Rivers Act of 1968 (Public 
Law 90-542, 82 Stat. 906, as amended; 16 U.S.C. 1271-1287) 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.'' Within the boundary of the Dixie National 
Forest, the suitability study will consider the following streams for 
inclusion into the National Wild and Scenic Rivers System: a 3.1 mile 
segment of Pine Creek and its tributaries within the boundary of the 
Box Death Hollow Wilderness Area; a 0.4 mile segment of Mamie Creek and 
its west tributary from their headwaters to the Forest boundary; a 13.4 
mile segment of Death Hollow Creek from its headwaters on the Dixie 
National Forest within the Box Death Hollow Wilderness to Mamie Creek; 
a 2.7 mile segment of East Fork Boulder Creek immediately below Boulder 
Top to the upstream end of Kings Pasture; a 0.7 mile segment of 
Slickrock Canyon from its headwaters at 6720 feet elevation to the 
Forest boundary; a 2.5 mile segment of Cottonwood Canyon from its 
headwaters to the Forest boundary; a 3.0 mile segment of Steep Creek 
from one mile below Hiway 12 to the Forest boundary; a 0.2 mile segment 
of Water Canyon from its headwaters to the Forest boundary; a 0.6 mile 
segment of Lamanite Arch Canyon from its headwaters to the Forest 
boundary; and a 0.9 mile segment of The Gulch from its headwaters to 
the Forest boundary. The analysis will also include lands within \1/4\ 
mile from each streambank. Preliminary alternatives include 
recommending a wild, scenic, or recreation designation for each segment 
and an alternative that recommends none of the segments for 
designation. Other appropriate alternatives may be considered. The DEIS 
will also include an amendment to the Dixie National Forest Land and 
Resource Management Plan to protect those rivers recommended to 
Congress until Congress rules on a final recommendation.
    Hugh C. Thompson, Forest Supervisor, Dixie National Forest, is the 
responsible official for preparing the suitability study. The 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 designation. The 
Forest Service is seeking comments from individuals, organizations, and 
local, state and Federal agencies who may be interested in or affected 
by the proposed action. The public input will be used in preparation of 
the draft EIS which is expected to be filed with the Environmental 
Protection Agency (EPA) and available for public review by April, 1999. 
At that time, the EPA will publish a notice of availability of the 
draft EIS in the Federal Register. The comment period on the draft EIS 
will be 45 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 these rivers participate at this time. To assist the 
Forest Service in identifying and considering issues and concerns on 
the proposed action, comments on the DEIS should be as specific as 
possible, it is also helpful if comments refer to specific pages or 
chapters of the draft statement. Reviewers may wish to refer to the 
Council on Environmental Quality Regulations for implementing the 
procedural provisions of the National Environmental Policy Act at 40 
CFR 1503.3 in addressing these points. Scoping notices have been sent 
to those interested publics on the Dixie National Forest NEPA mailing 
list. Other interested individuals, organizations, or agencies may have 
their names added to the mailing list for this project at any time by 
submitting a request to: Hugh C. Thompson, Forest Supervisor, Dixie 
National Forest, 83 N. 100 E., Cedar City, Utah 84720.
    The Forest Service believes it is important to give reviewers 
notice of several court rulings related to public participation in the 
environmental review process. First, reviewers of the DEIS's 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. 
Versus NRDC, 435 U.S. 519, 553(1978).

[[Page 70383]]

    Also, environmental objections that could have been raised at the 
DEIS stage but that are not raised until after completion of the final 
EIS may be waived or dismissed by the courts. City of Angoon Versus 
Hodel, (9th Circuit, 1986) and Wisconsin Heritages, Inc versus Harris, 
490 F. Supp. 1334. 1338 (E.D. Wis. 1980). Because of these court 
rulings, it is very important that those interested in this proposed 
action participate by the close of the 45 day comment period so that 
substantive comments and objections are made available to the Forest 
Service at a time when they can be meaningfully considered and 
responded to in the final EIS.
    After the comment period ends on the draft EIS, comments will be 
analyzed and considered by the Forest Service in preparing the final 
EIS. In the final EIS, the Forest Service will respond to comments 
received. The final EIS is scheduled to be completed by October 1999. 
The Secretary of Agriculture will consider the comments, response, and 
consequences discussed in the EIS, applicable laws, regulations, and 
policies in making recommendation to the President regarding 
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: December 8, 1998.
Hugh C. Thompson,
Forest Supervisor, Dixie National Forest.
[FR Doc. 98-33649 Filed 12-18-98; 8:45 am]
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