[Federal Register Volume 60, Number 64 (Tuesday, April 4, 1995)]
[Notices]
[Pages 17051-17052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8136]



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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / 
Notices
[[Page 17051]]

DEPARTMENT OF AGRICULTURE

Forest Service


Wild and Scenic River Suitability Study for Big Sheep Creek, East 
Eagle Creek, Five Points Creek, North Fork Catherine Creek, Swamp 
Creek, and Upper Grande Ronde River, Wallowa-Whitman National Forest, 
Baker, Union, and Wallowa Counties, OR; and Granite Creek and Sheep 
Creek, Payette and Nez Perce National Forests, Adams and Idaho 
Counties, ID

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a legislative environmental impact 
statement.

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SUMMARY: The USDA, Forest Service will prepare a legislative 
environmental impact statement (LEIS) and wild and scenic river study 
report to determine the eligibility and address the suitability of 
sections of Big Sheep Creek, East Eagle Creek, Five Points Creek, North 
Fork Catherine Creek, Swamp Creek, and the Upper Grande Ronde River 
within the Wallowa-Whitman National Forest boundary in Baker, Union, 
and Wallowa Counties, Oregon; and Granite and Sheep Creek within the 
Payette and Nez Perce National Forest boundaries (administrated by the 
Wallowa-Whitman National Forest) in Adams and Idaho Counties, Idaho 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 agency gives notice of the environmental 
analysis and decision making process that will occur on this study so 
that interested and affected people are aware of how they may 
participate and contribute to the final recommendation to Congress.

DATES: Comments concerning the study of these rivers should be received 
by May 15, 1995.

ADDRESSES: Send written comments and suggestions concerning the 
management of the river to Robert M. Richmond, Forest Supervisor, 
Wallowa-Whitman National Forest, P.O. Box 907, Baker City, Oregon 
97814.

FOR FURTHER INFORMATION CONTACT:
Questions about the proposed action and draft LEIS should be directed 
to Steve Davis, Wild & Scenic River Planning Team Leader, Wallowa-
Whitman National Forest, P.O. Box 907, Baker City, Oregon 97814; 
telephone (503) 523-1316.

SUPPLEMENTARY INFORMATION: The USDA, Forest Service agreed to study the 
eligibility and suitability (if eligibility is confirmed) of Big Sheep 
Creek, East Eagle Creek, Five Points Creek, Granite Creek, North Fork 
of Catherine Creek, Sheep Creek, Swamp Creek, and Upper Grande Ronde 
River for possible inclusion in the National Wild and Scenic Rivers 
System. 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.'' The study will consider 
within the Wallowa-Whitman National Forest boundary a 48-mile segment 
of Big Sheep Creek from its headwaters (including the North, Middle, 
and South Forks) to the Imnaha Wild and Scenic River boundary; a 15-
mile segment of East Eagle Creek from its headwaters to the Eagle Wild 
and Scenic River boundary; a 12-mile segment of the mainstem of Five 
Points Creek from its headwaters, just north of the confluence with the 
Middle Fork of Five Points Creek, to the National Forest boundary; a 
13.5-mile segment of the North Fork of Catherine Creek, from its 
headwaters to the National Forest boundary; a 16.5-mile segment of 
Swamp Creek from the National Forest boundary to the Joseph Creek Wild 
and Scenic River boundary; and a 27.5-mile segment of the Upper Grande 
Ronde River from its headwaters to the National Forest boundary. The 
study will also consider within the Payette and Nez Perce National 
Forest boundaries (administered by the Wallow-Whitman National Forest) 
a 12.5-mile segment of Granite Creek and a 15.5-mile segment of the 
East and West Forks of Sheep Creek from their headwaters to the Snake 
Wild and Scenic River boundary. The studies will include lands 
generally within \1/4\ mile from each stream bank. Preliminary 
alternatives include recommending wild and scenic designation for each 
segment and an alternative that recommends none of the segments for 
designation.
    Robert M. Richmond, Forest Supervisor, Wallow-Whitman 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 river designation.
    Public participation is especially important at several points in 
the study process. The first point is the scoping process (40 CFR 
1501.7). The Forest Service is seeking information, comments, and 
assistance from Federal State, and local agencies, affected Indian 
tribes, individuals and organizations who may be interested in or 
affected by the proposed action. The public input will be used in 
preparation of the draft LEIS.
    Initial scoping has occurred. Public meetings have been held and 
comments have been solicited by letters and newspaper articles, 
starting in May of 1994. Additional scoping meetings are planned. 
Federal, State, and local agencies as well as the Confederated Tribes 
of the Umatilla Indian Reservation, the Nez Perce Tribe, user groups, 
and other organizations participated in scoping the issues that should 
be considered. Additional comments concerning the study of these rivers 
are encouraged.
    The draft LEIS is expected to be filed with the Environmental 
Protection Agency (EPA), and available for public review by June 1995. 
At that time, the EPA will publish a notice of availability of the 
draft LEIS in the Federal Register.
    The comment period on the draft LEIS will be 90 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 this river 
participate at that time. To be the most helpful, comments on the 
[[Page 17052]] draft LEIS should be as specific as possible, and may 
address the adequacy of the statement or the merits of the alternatives 
discussed (see The Council on Environmental Quality Regulations for 
implementing the procedural provisions of the National Environmental 
Policy Act, 40 CFR 1503.3). In addition, Federal court decisions have 
established that reviewers of draft LEIS 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. v. NRDC, 435 U.S. 519, 
553 (1978). Also, environmental objections that could be raised at the 
draft LEIS stage but that are not raised until after completion of the 
final LEIS may be waived or dismissed by the courts. City of Angoon v. 
Hodel, 803 F.2d 1016, 1022 (9th Cir. 1988) and Wisconsin Heritages, 
Inc. v. Harris, 490 f. Supp. 1334, 1338 (E.D. Wis. 1980). The reason 
for this is to ensure that substantive comments and objections are made 
available to the Forest Service at a time when it can meaningfully 
consider them and respond to them in the final study and environmental 
impact statement.

    After the comment period ends on the draft LEIS, comments will be 
analyzed and considered by the Forest Service in preparing the final 
LEIS. In the final LEIS, the Forest Service will respond to comments 
received. The final LEIS is scheduled to be completed by October 1995. 
The Secretary will consider the comments, responses, and consequences 
discussed in the LEIS, applicable laws, regulations, and policies in 
making a recommendation to the President regarding the 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: March 24, 1995.

Sterling J. Wilcox,

Acting Associate Deputy Chief.

[FR Doc. 95-8136 Filed 4-3-95; 8:45 am]

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