Suitability Study for White Sand Creek (Also Shown on Some Maps as Colt Killed Creek) and a Portion of the Upper Lochsa River Being Considered for National Wild and Scenic River Status; Clearwater National Forest; Idaho County, ID

Federal RegisterApr 22, 1994

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DEPARTMENT OF AGRICULTURE

Forest Service

Suitability Study for White Sand Creek (Also Shown on Some Maps

as Colt Killed Creek) and a Portion of the Upper Lochsa River Being

Considered for National Wild and Scenic River Status; Clearwater

National Forest; Idaho County, 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 Environmental Impact Statement (LEIS) associated with a

study of the suitability of the White Sand Creek and a short segment of

the upper Lochsa River in Idaho for inclusion in the National Wild and

Scenic River System. The two streams being studied are part of or

tributaries to the Lochsa River, the majority of which is an existing

component of the Middle Fork of the Clearwater River Wild & Scenic

River System. The streams were found eligible for consideration as Wild

and Scenic Rivers in the 1987 Clearwater National Forest Land and

Resource Management Plans (Forest Plan).

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 30 days

from the date of this publication.

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 LEIS to Dennis Elliott, White Sand Study Team Leader, Powell

Ranger District, Clearwater National Forest, Powell Ranger Station,

Lolo, MT 59847, phone (208) 942-3113.

SUPPLEMENTARY INFORMATION: The Clearwater National Forest Land and

Resource Management Plans was approved in 1987. White Sand Creek and a

short 2 mile segment of the upper Lochsa River 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 24 mile study segment of the White Sand Creek begins at its

source at White Sand Lake (Section 23, Township 36 North, Range 16

East, Boise Meridian) and flows to its confluence with Crooked Fork

Creek and the Lochsa River (Section 34, T.37 N., R. 14 E., B.M). Some

maps also show the stream's name as Colt Killed Creek.

The portion of the upper Lochsa River being studied is a two mile

stretch flowing from the confluence of White Sand and Crooked Fork

Creeks (Section 34, Township 37 North, Range 14 East, Boise Meridian)

to a point west of Powell Range Station (Section 33, T.37 N., R. 14 E.,

B.M) where it joins with the already designated 60 mile long Lochsa

River portion of the Middle Fork of the Clearwater River Wild & Scenic

River System.

Scoping for the study began in April 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 were held in December

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 of potential impacts to local

recreation users/outfitters, changes in types and amounts of recreation

use, and associated recreational impacts on other resources and

facilities; (2) concern over potential impacts to water quality and

scenic values by the Forest Service's prescribed fire program outside

of the study corridor and the agency's ability to implement such a

program; (3) potential impacts to commercial timber harvest on both

National Forest and private lands in the corridor and in the corridor's

adjacent ``seen'' area; (4) concern over potential impacts if not

designated by commercial or residential development of the private

lands along each study stream; (5) the potential effects on the ability

of the private landowners along the study stream to retain their

property and use their land as they choose; (6) potential impacts to

westslope cutthroat trout populations in White Sand Creek if increased

fishing pressure resulted; and (7) concern over the need of dual

designation of that portion of White Sand Creek located within the

Selway-Bitterroot Wilderness.

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: April 15, 1994.

Mark A. Reimers,

Deputy Chief, Programs and Legislation.

[FR Doc. 94-9749 Filed 4-21-94; 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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