[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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