Suitability Study for a Portion of the North Fork of the Clearwater River, Kelly Creek, and Cayuse Creek Being Considered for National Wild & Scenic River Status; Clearwater National Forest; Clearwater & Idaho Counties, ID

DEPARTMENT OF AGRICULTURE

Forest Service

Suitability Study for a Portion of the North Fork of the

Clearwater River, Kelly Creek, and Cayuse Creek Being Considered for

National Wild & Scenic River Status; Clearwater National Forest;

Clearwater & Idaho Counties, ID

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a legislative environmental impact

statement.

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SUMMARY: The Forest Service, USDA, will prepare a draft and final

legislative Impact Statement (LEIS) associated with a study of the

suitability of a portion of the North Fork of the Clearwater River,

Kelly Creek, and Cayuse Creek in the Clearwater National Forest in

Idaho for inclusion in the National Wild and Scenic River System. The

three streams were found eligible for consideration as Wild and Scenic

Rivers in the 1987 Clearwater National Forest Land and Resource

Management Plan (Forest Plan). All three streams are found within the

boundaries of the Clearwater National Forest. The agency invites

written comments and suggestions on the suitability of these rivers. In

addition, the agency gives notice of the environmental analysis and

decision-making process associated with the study so that interested

and affected people are aware of how they may participate and

contribute to the decision.

DATES: Comments on the scope of the study should be received by May 15,

1994.

ADDRESSES: Send written comments to James Caswell, Forest Supervisor,

Clearwater National Forest, 12730 Highway 12, Orofino, Idaho 83544.

FOR FURTHER INFORMATION CONTACT:

Direct questions about the proposed study and EIS to Brian Hensley,

River Study Team Leader, North Fork Ranger District, Clearwater

National Forest, P.O. 2139, Orofino, Idaho 83544, phone (208) 476-3775.

SUPPLEMENTARY INFORMATION: The Clearwater National Forest Land and

Resource Management Plan was approved in 1987. Segments of the North

Fork of the Clearwater River, Kelly Creek, and Cayuse Creek were

identified as eligible for inclusion in the National Wild & Scenic

Rivers System as part of the planning process, but were not studied for

their suitability at that time. The decision to be made, based upon the

environmental impact statement, is whether or not to recommend any or

all of the above mentioned rivers for designation and inclusion in the

National Wild & Scenic Rivers System. The Forest Plan will be amended

accordingly.

The area of consideration for each of the rivers is a corridor a

minimum of \1/4\ mile in width from each stream bank for the length of

the eligible river segments.

The eligible segment of the North Fork of the Clearwater River is a

60-mile stretch flowing from the Road No. 250 bridge crossing (Section

6, Township 40 North, Range 11 East, Boise Meridian) downstream to the

beginning of slack water in Dworshak Reservoir (Section 34, Township 41

North, Range 6 East, Boise Meridian).

The eligible section of Kelly Creek is approximately 39 miles long

including its main stem and its North, Middle, and South Forks that

originate near the Idaho/Montana state border and flow to the stream's

confluence with the North Fork of the Clearwater River.

The eligible portion of Cayuse Creek includes the entire 31-mile

stream, from its source at Lost Lake (Section 24, Township 38 North,

Range 13 East, Boise Meridian) to its confluence with Kelly Creek

(Section 24, Township 39 North, Range 11 East, Boise Meridian).

Scoping for the study began in April of 1993 with a series of 6

regional public meetings to explain the study process and to identify

issues relating to the study. A study newsletter was also circulated at

that time. Another series of 6 public meetings was held in December of

1993 to validate: study issues, preliminary outstandingly remarkable

values (ORV's), and preliminary alternatives. A second issue of the

study newsletter was mailed to interested publics prior to this set of

meetings.

The following preliminary issues are being considered in the

environmental analysis: (1) Effects on timber harvest and mineral

development in the area of the study rivers; (2) effects on the local

and regional economy; (3) effects on abilities of county governments

and local constituents to affect resource management recommendations;

(4) effects on transportation system and development in the area of the

study rivers; (5) effects on recreation use and users in the study

stream areas; (6) effects on wildlife and fish in the study river

areas; (7) effects on water quality and the free flowing nature of the

study streams; (8) protection of the identified outstandingly

remarkable values of the study streams; (9) effects on the ability of

the private landowners along the North Fork of the Clearwater River to

retain their properties and use their lands as they choose; and (10)

effects on the roadless character of the headwaters of Kelly Creek and

a large portion of Cayuse Creek.

A range of alternatives is being considered. They will include as a

minimum, one alternative that does not recommend designation (no

action), and one that recommends designation for all the eligible river

segments. Additional alternatives will 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 of the alternatives.

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.

This input will be utilized in preparation of the draft environmental

impact statement.

The draft environmental impact statement is expected to be filed

with the Environmental Protection Agency (EPA) by August 1994. At that

time EPA will publish a notice of availability on the draft

environmental impact statement in the Federal Register. It is very

important that those interested in the management of these rivers

participate at that time. To be most helpful, comments on the draft

environmental impact statement should be as site-specific as possible.

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 process. First, reviewers of

draft environmental impact statements 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 stage, but are not raised until after

completion of the final 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 proposed action participate by the close of

the scoping 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 identifying issues

and alternatives.

To assist the Forest Service in identifying and considering issues

and concerns on the proposed action, comments should be as specific as

possible. 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

study report and environmental impact statement. The final report is

scheduled to be completed by December 1994. The comments, responses,

and environmental consequences discussed in the final environmental

impact statement and applicable laws, regulations, and policies will be

considered in preparing the agency's recommendations for Wild and

Scenic River designation.

The responsible official for making recommendations to the Congress

is Mike Espy, Secretary of Agriculture, Administration Building, 12th

Street, SW., Washington, DC 20250.

The decision on inclusion of a river in the National Wild & Scenic

Rivers System rests with the United States Congress.

Dated: March 18, 1994.

Mark A. Reimers,

Deputy Chief, Programs and Legislation.

[FR Doc. 94-7221 Filed 3-25-94; 8:45 am]

BILLING CODE 3410-11-M