Management Plan Being Developed for Allegheny National Wild and Scenic River; Warren, Forest, and Venango Counties, PA

Federal RegisterMay 3, 1994

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DEPARTMENT OF AGRICULTURE

Management Plan Being Developed for Allegheny National Wild and

Scenic River; Warren, Forest, and Venango Counties, PA

AGENCY: Forest Service, USDA.

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

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SUMMARY: The Forest Service will prepare a draft and final

environmental impact statement for a Management Plan and Final Corridor

Boundaries for the Allegheny National Wild and Scenic River located in

northwestern Pennsylvania.

The agency invites written comments and suggestions on the issues

to be addressed and management recommendations needed to protect the

outstandingly remarkable values of the Allegheny National Wild and

Scenic River. In addition, the agency gives notice of the environmental

analysis and decisionmaking process that will occur on the proposal so

that interested and affected people are aware of how they may

participate and contribute to the decision. This EIS will result in an

amendment to the Allegheny National Forest Land and Resource Management

Plan.

DATES: Comments should be received in writing by May 18, 1994, to

ensure timely consideration.

ADDRESSES: Send written comments to Allegheny River Management Plan,

Allegheny National Forest, P.O. Box 847, Warren, PA 16365.

FOR FURTHER INFORMATION CONTACT:

Susan K. Wingate, Allegheny National Forest, P.O. Box 847, Warren, PA

16365 (814/723-5150).

SUPPLEMENTARY INFORMATION: On April 20, 1992, legislation was signed

(Pub. L. 102-271) amending the Wild and Scenic Rivers Act of 1968 to

include 85 miles of the Allegheny River as a component of the National

Wild and Scenic River System. This act gave a ``recreational''

classification to all three designated sections of the Allegheny River

between Kinzua Dam and Emlenton, PA. The Act directed the Secretary of

Agriculture to establish two advisory councils to advise him on the

final corridor boundaries and the management of the designated river

segments. Approximately 20 percent of the designated river segments are

bordered by public lands and 80 percent by private lands.

The decision to be made, based on this environmental impact

statement is: What management guidelines and final corridor boundaries

will best preserve and protect for present and future generations the

outstanding scenic, natural recreational, scientific, historic and

ecological values of the Allegheny River while adequately recognizing

private land rights?

The following preliminary issues derived from public involvement

during the initial river study and the more recent advisory council

process, as well as significant issues identified during additional

scoping, will be considered in the environmental analysis: (1) Public

vs. Private Interests: There is a concern that with the increasing use

of the river by the public, the possibility of conflicts between

private landowners and river users will increase. Landowners are also

concerned about the loss of property rights and increased regulation to

protect identified river values. There is also concern that private

land use could change the character of the river corridor. (2) River

Development: There is concern about what will be proposed, how proposed

river development will be managed and how river development will affect

municipalities and landowners. There is also concern about how to

maintain the river's character and minimize impacts on riparian

landowners while developing the economic potential of the river. (3)

Land Acquisition: There is a concern that acquisition of land by the

Forest Service within the river corridor will result in a loss of tax

base for local municipalities.

A range of alternatives will be considered. They will include, as a

minimum, the no action alternative that does not recommend any action

to implement the Wild and Scenic River designation beyond that which is

needed to meet minimum requirements and existing laws; and an

alternative that recommends maximum protection of designated sections,

including public land purchase and the inforporation of advisory

council recommendations. Additional alternatives may be developed from

public comments received during the scoping process. The environmental

impact statement will disclose the direct, indirect and cumulative

effects of implementing each alternative.

The Forest Service is seeking information, comments, and assistance

from Federal, State and local agencies, and other individuals or

organizations who may be interested in or affected by the proposal.

Comments previously submitted during the river study and relevant to

the management of the corridor as well as new information submitted

will be utilized in the preparation of the draft environmental impact

statement. During April 1994, news releases will be mailed to local and

regional newspapers, radio stations, etc., and letters will be sent to

key contacts and interested and affected publics. Advisory Council

meetings will continue to be used as a means to inform the public of

the analysis process and to provide for public participation and

involvement. Additional meetings may be held in other locations.

The responsible official is Floyd J. Marita, Regional Forester.

The draft environmental impact statement is expected to be filed

with the Environmental Protection Agency (EPA) and to be available for

public review by September 1994. At that time, EPA will publish a

notice of availability of the draft environmental impact statement in

the Federal Register.

The comment period on the draft environmental impact statement will

be 45 days from the date the Environmental Protection Agency publishes

the notice of available in the Federal Register.

The Forest Service believes, at this early stage, it is important

to give reviewers notice of several court rulings related to public

participation in the environmental review process. Upon release of the

draft environmental impact statement, projected for September 1994,

reviewers must structure their participation in the environmental

review of the proposal so that it is meaningful and alerts an agency to

the reviewer's 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 environmental impact statement stage

but that are not raised until after completion of the final

environmental impact statement may be waived or dismissed by the

courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986)

and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D.

Wis. 1980). Because of these court rulings, it is very important that

those interested in this proposal 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 it can meaningfully

consider them and respond to them in the final environmental impact

statement.

To assist the Forest Service in identifying and considering issues

and concerns on the proposed action, comments on the draft

environmental impact statement should be as specific as possible. It is

also helpful if comments refer to specific pages or chapters of the

draft statement. Comments may also address the adequacy of the draft

environmental impact statement or the merits of the alternatives

formulated and discussed in the 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.)

After the comment period ends on the draft environmental impact

statement, the comments will be analyzed, and considered by the Forest

Service in preparing the final environmental impact statement. The

final environmental impact statement is scheduled to be completed by

December 1994. This decision will be subject to appeal under 36 CFR

217.3.

Dated: April 7, 1994.

Lionel A. Lemery,

Wild and Scenic Rivers Coordinator.

[FR Doc. 94-10472 Filed 5-2-94; 8:45 am]

BILLING CODE 3410-11-M

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