Wild and Scenic Rivers Study Report and Legislative Environmental Impact Statement; Lolo National Forest; Lewis and Clark, Mineral, Missoula, Powell, Ravalli and Sanders Counties, MT

Federal RegisterMar 9, 1994

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DEPARTMENT OF AGRICULTURE

Forest Service

Wild and Scenic Rivers Study Report and Legislative Environmental

Impact Statement; Lolo National Forest; Lewis and Clark, Mineral,

Missoula, Powell, Ravalli and Sanders Counties, MT

AGENCY: Forest Service, USDA.

ACTION: Notice; intent to prepare environmental impact statement.

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SUMMARY: The Forest Service is gathering information to prepare an

environmental impact statement (EIS) on the suitability of eight

previously identified river segments for inclusion in the National Wild

and Scenic Rivers System. The eight rivers were found eligible for

consideration as Wild and Scenic Rivers in the 1991 Amendment 12 to the

Lolo National Forest Plan. All river segments are within the boundaries

of the Lolo National Forest except for the Clark Fork, which meanders

in and out of the boundary several times. The Forest Service will

evaluate all eight rivers under one process and will develop

alternatives within a range of ``no rivers suitable'' to ``all rivers

suitable and recommended for designation.''

The agency invites written comments and suggestions on the issues

and management opportunities for the area being analyzed. The proposed

study will occur during fiscal years 1993 and 1994. The final EIS and

preferred alternative will be forwarded to the United States Congress

for a decision.

DATES: Comments concerning the scope of the analysis should be received

in writing by April 15, 1994.

ADDRESSES: Send written comments to Forest Supervisor, Lolo National

Forest, Building 24, Fort Missoula, Missoula, MT 59801.

FOR FURTHER INFORMATION CONTACT:

Robert Meuchel, Program Officer for Planning, (406) 329-3804.

SUPPLEMENTARY INFORMATION: Amendmnet 12 to the Lolo Forest Plan

identifies nine rivers within the Forest that are eligible for

inclusion in the National Wild and Scenic Rivers System. This study and

EIS will determine the suitability of eight of these rivers and will

contain the Agency's recommendation to Congress. The rivers included in

this study are stretches of Cache Creek, the Clark Fork, Clearwater

River, Morrell Creek, North Fork Blackfoot River, Rattlesnake Creek,

South Fork Lolo Creek and West Fork Fish Creek. The ninth river, Rock

Creek, will be studied for suitability in a joint effort with the

Deerlodge National Forest.

Scoping

The public will have opportunities to learn more about and comment

on the rivers analysis through periodic information sheets and other

scoping methods arranged between May 1993 and March 1994. Scoping will

be focused in the communities of Missoula, Ninemile, Plains, Seeley

Lake and Superior, Montana. The first scoping notice was sent in a May

1993 information package to people on the rivers planning mailing list

and to media serving the host communities.

The lead agency is the Forest Service. Cooperation with State

agencies will be sought and this may add length to the study river

stretches.

The responsible official is the Secretary of Agriculture,

Administration Building, 12th Street, SW., Washington, DC 20250.

The draft EIS will be completed in June 1994. The comment period on

the draft EIS will be 45 days from the date the Environmental

Protection Agency publishes the notice of availability in the Federal

Register.

The Forest Service believes it is important to give reviewers

notice at this early stage of several court rulings related to public

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. 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

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 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 in 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 EIS, the comments will

be analyzed and considered by the Forest Service in preparing the final

EIS. The final EIS is scheduled to be complete by December 1994. The

Secretary will consider the comments, responses, and environmental

consequences discussed in the final EIS and applicable laws,

regulations, and policies in making his recommendation to the President

regarding the suitability of these rivers for inclusion in the National

Wild and Scenic River System. The President forwards his

recommendations for inclusion to Congress. The decision on inclusion of

a river in the National Wild and Scenic River System rests with the

United States Congress.

Dated: March 3, 1994.

Orville L. Daniels,

Lolo Forest Supervisor.

[FR Doc. 94-5398 Filed 3-8-94; 8:45 am]

BILLING CODE 3410-11-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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