[Federal Register Volume 65, Number 224 (Monday, November 20, 2000)]
[Notices]
[Pages 69785-69786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29550]


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DEPARTMENT OF THE INTERIOR

National Park Service


Environmental Impact Statement; Merced Wild and Scenic River 
Comprehensive Management Plan; Yosemite National Park, Madera and 
Mariposa Counties, California; Revision to Record of Decision

SUMMARY: The Department of the Interior, National Park Service has 
revised the original Record of Decision for the Final Environmental 
Impact Statement, Merced Wild and Scenic River Comprehensive Management 
Plan, Yosemite National Park. The Record of Decision was originally 
signed on August 9, 2000 and published in the Federal Register on 
August 18, 2000. The Revised Record of Decision is designed to clarify 
statements regarding the process to be used by the National Park 
Service in complying with Sec. 7 of the Wild and Scenic Rivers Act and 
to clarify the measurement of the river corridor boundaries and the 
river protection overlay. The Record of Decision was issued after 
completion of Draft and Final Environmental Impact Statements for the 
Merced Wild and Scenic River Comprehensive Management Plan.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to Sec. 102(2)(C) of the National Environmental Policy Act 
of 1969 (P.L. 91-190, as amended) and the regulations promulgated by 
the Council on Environmental Quality (40 CFR Part 1500), and in accord 
with a ruling of the U.S. District Court for the Eastern District of 
California, the National Park Service (NPS) prepared and circulated a 
Draft and Final Environmental Impact Statement for the Merced Wild and 
Scenic River Comprehensive Management Plan (``Plan''). The Plan was 
designed to satisfy the Wild and Scenic Rivers Act's requirements for a 
Comprehensive Management Plan. To achieve this goal, the Plan presented 
five alternatives for NPS stewardship of an 81-mile segment of the 122 
miles of the Merced River designated as ``Wild and Scenic'' by Congress 
in 1987. Each of the alternatives presented a different combination of 
seven management elements to prescribe desired future conditions, 
typical visitor activities and experiences, and allowed park facilities 
and management activities. The seven management elements are: 
boundaries, classifications, Outstandingly Remarkable Values, a 
determination process to comply with Sec. 7 of the Act, the River 
Protection Overlay, management zoning, and the Visitor Experience and 
Resource Protection framework.
    The Draft and Final Environmental Impact Statements assessed the 
full range of foreseeable environmental consequences and identified all 
practicable measures to avoid or minimize environmental impacts. More 
than 2,500 comments were received on the Draft Environmental Impact 
Statement and approximately 30 comments were received following the 
release of the Final Environmental Impact Statement (FEIS). All public 
comments received were carefully reviewed and considered prior to 
making a decision on the Plan.
    A Record of Decision on the Plan was approved on August 9, 2000 and 
the Notice of Approval of the Record of Decision appeared in the 
Federal Register on August 18, 2000 (65 FR 50565). In that Record of 
Decision, the NPS adopted the Proposed Action (Alternative 2), as 
described in the FEIS. As explained in the original Record of Decision, 
the primary feature that distinguished Alternative 2 from the other 
alternatives is the interplay of four of its management elements: 
boundaries, classifications, River Protection Overlay and management 
zoning. The NPS determined that Alternative 2 would protect and enhance 
the river's ORVs while allowing for appropriate levels and types of 
visitor use and development.

II. Reason for Revision

    The Record of Decision is being revised to clarify that all 
statements in the FEIS and Record of Decision regarding the Army Corps 
of Engineers' definition of the ``ordinary high water mark'' shall 
reflect the regulatory definition of that term as found in 33 CFR 
Section 328.3. This clarification will eliminate text that inaccurately 
summarized the definition of ordinary high water mark as the 2.33 year 
floodplain. The regulatory definition of ordinary high water mark as 
published in the Code of Federal Regulations does not include any 
reference to the 2.33 year floodplain. Instead, the regulatory 
definition states: ``The term ``ordinary high water mark'' means that 
line on the shore established by the fluctuations of water and 
indicated by physical characteristics such as clear, natural line

[[Page 69786]]

impressed on the bank, shelving, changes in the character of soil, 
destruction of terrestrial vegetation, the presence of litter and 
debris, or other appropriate means that consider the characteristics of 
the surrounding areas.''
    This regulatory definition will be used by the NPS for measuring 
the extent of the River Protection Overlay and the river corridor 
boundaries. The river corridor boundaries established by this Plan 
begin at the ordinary high water mark (as defined by the U.S. Army 
Corps of Engineers in 33 CFR Section 328.3) and extend one-quarter mile 
on each side of the river, except in the El Portal Administrative Site 
where the boundary extends out to the 100-year floodplain or the extent 
of the River Protection Overlay, whichever is greater. Similarly, the 
River Protection Overlay will be measured beginning from the ordinary 
high water mark.
    The Record of Decision is also being revised to clarify statements 
in the FEIS regarding the process to be used for fulfilling the 
requirements of Sec. 7 of the Wild and Scenic Rivers Act. The Merced 
River Plan/FEIS includes statements that ``Water resources projects 
that have a direct and adverse effect on the values for a designated 
river must either be redesigned and resubmitted for a subsequent Sec. 7 
determination, abandoned, or may proceed following written notification 
of the Secretary of the Interior and the United States Congress.'' This 
statement inaccurately summarized the intent of the NPS. The following 
process will be used by the NPS for projects requiring Sec. 7 review. 
Water resources projects found to have a direct and adverse effect on 
the values of this designated river will be redesigned and resubmitted 
for a subsequent Sec. 7 determination or abandoned. In the event that a 
project can not be redesigned to avoid direct and adverse effects on 
the values for which the river was designated, the NPS will either 
abandon the project or will advise the Secretary of the Interior in 
writing and report to Congress in writing in accordance with Sec. 7(a) 
of the Act .
    The NPS has reviewed these revisions to determine whether there are 
any new or different impacts associated with these clarifications. The 
clarification with regard to the Sec. 7 process does not diminish or 
change the NPS's obligations to comply with Sec. 7 of the Act, nor does 
it modify the steps to be followed by the NPS in evaluating whether a 
project would have a direct and adverse affect on river values. The 
clarification with regard to the definition of ordinary high water is 
intended to more accurately reflect the regulatory definition of that 
term. This clarification does not alter the extent of the river 
corridor boundaries, and it does not change the use of the River 
Protection Overlay as a tool to protect areas immediately adjacent to 
the river. Because these revisions are minor clarifications and do not 
result in changes to the management elements contained in Alternative 
2, they do not result in substantial changes relevant to environmental 
concerns. These modifications are also not in response to significant 
new information.
    Copies: Interested parties desiring to obtain a copy of the Revised 
Record of Decision may contact the Superintendent, Yosemite National 
Park, P.O. Box 577, Yosemite, California 95389 (or via telephone 
request at (209) 372-0201). The complete document will also be posted 
on the Yosemite National Park Webpage (http://www.nps.gov/yose/planning).

    Dated: November 3, 2000.
John J. Reynolds,
Regional Director, Pacific West.
[FR Doc. 00-29550 Filed 11-17-00; 8:45 am]
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