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

[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

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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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