American Heritage Rivers Initiative

COUNCIL ON ENVIRONMENTAL QUALITY

American Heritage Rivers Initiative

AGENCY: Council on Environmental Quality.

ACTION: Description of American Heritage Rivers Initiative and

information on how communities nominate their rivers.

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CONTENTS: The major sections of this document include:

Summary

Deadline

Availability of Nomination Packets and Supplementary Information

Background

Summary of Comments Received from the Federal Register Notices of

May 19 and June 20

Overall Program Design

Benefits of Designation

Benefits to Applicants who Submit Complete Nomination Packages

Improved Services Available to All Communities

Clarifications

Appendices

Summary

In the State of the Union Address on February 4, 1997, President

Clinton announced an initiative supporting community-led efforts

relating to rivers that spur economic revitalization, protect natural

resources and the environment, and preserve historic and cultural

heritage. President Clinton has since issued Executive Order 13061

directing agencies to establish and implement the initiative. This

notice summarizes the initiative developed to implement the President's

directive.

The federal government plays two critical roles in supporting

river-related projects. First, it offers federal agency services to

organizations and governments conducting community-based work. Second,

it creates a national information and communications network to

encourage communities to provide useful information to communities,

including sharing success stories.

The American Heritage Rivers initiative is voluntary and locally

driven; communities choose to participate and can terminate their

participation at any time. In implementing the American Heritage Rivers

initiative, federal departments and agencies shall act with due regard

for the protections of private property provided by the Fifth Amendment

to the United States Constitution.

The American Heritage Rivers initiative will create no new

regulatory requirements or rules for property owners or state, tribal,

or local governments. The American Heritage Rivers initiative will use

existing federal resources more effectively to assist communities.

To enhance federal assistance to community-based projects, the

federal government will solicit nominations from communities wishing to

designate their rivers as American Heritage Rivers. The nomination

process is described in this notice. The President will designate 10

American Heritage Rivers in early 1998. The communities surrounding

designated rivers will receive a number of benefits, including special

recognition; focused support from existing federal programs; a person

(the ``River Navigator'') to serve as a liaison between the community

and the federal government; improved delivery of assistance from

agencies throughout the federal government; and a ``good neighbor''

policy. The federal government will work to integrate and streamline

its approach to providing existing federal services in designated

American Heritage River communities in partnership with local

leadership. These partnerships will give the federal government an

opportunity to study and improve how it provides assistance to

communities across the nation.

Additionally, the federal government will provide a new information

center on the World Wide Web for community-based projects in economic

revitalization, natural resources and the environment, and historic and

cultural preservation. These Web pages will include information about

services that can assist community projects and provide opportunities

for dialogue between communities. The federal government will also

provide this information to people without access to the Internet.

The American Heritage Rivers initiative was developed by an

interagency task force convened by the White House.

The President's Executive Order creates a new committee, called the

American Heritage Rivers Interagency Committee (Committee) that will be

responsible for the implementation of the American Heritage Rivers

initiative. The Committee will be composed of the following members or

their designees at the Assistant Secretary level or equivalent:

The Secretary of Defense;

The Attorney General;

The Secretary of the Interior;

The Secretary of Agriculture;

The Secretary of Housing and Urban Development;

The Secretary of Transportation;

The Secretary of Energy;

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The Administrator of the Environmental Protection Agency;

The Chair of the Advisory Council on Historic

Preservation;

The Chairperson of the National Endowment for the Arts;

The Chairperson of the National Endowment for the

Humanities.

The Executive Order shall apply to any agency on the Committee and

such other agencies as designated by the President.

Each of these departments and agencies oversees programs and

services, authorized by Congress, that can benefit citizens in

riverfront communities. By engaging many of these departments and

agencies in the creation of the American Heritage Rivers initiative,

the Administration has tried to ensure that the initiative is founded

on their various missions they are mandated to address, economic

revitalization, natural resources and environmental protection, and

historic and cultural preservation, and is directed at improving the

coordination and delivery of related services.

The American Heritage Rivers initiative embodies the

Administration's effort to reinvent government in accordance with the

National Performance Review. The National Performance Review, directed

by Vice President Gore, seeks to create a government that works better

and costs less through focusing on customer service, developing

partnerships, and delegating power to the front lines.

Availability of Nomination Packets and Supplementary Information

Deadline: Nominations must be received by 7:00 p.m., EST, on

December 10, 1997. No nomination packets will be accepted after this

time.

Availability of Nomination Packets: Nomination packets are

available by request:

1. To call for nomination packets: 1-888-40RIVER and leave a

message to request a nomination packet.

2. To request nomination packets by mail, write to: Karen Hobbs,

Agency Representative, Executive Office of the President, Old Executive

Office Building, Room 360, Washington, D.C. 20502.

3. To request nomination packets by Internet, access the American

Heritage Rivers homepage at http://www.epa.gov/rivers.

Address

Nomination packets will be accepted in three ways:

1. To mail nomination packets: Executive Office of the President,

Old Executive Office Building, Room 360, Washington, D.C. 20502.

2. To fax nomination packets: 202-456-6546.

3. To e-mail nomination packets see instructions on the American

Heritage Rivers homepage at http://www.epa.gov/rivers.

All applicants will receive a postcard notification that their

nomination packet has been received.

For Further Information: You can request additional information

about American Heritage Rivers in the following ways:

1. To receive an information packet or ask a specific question:

Call 1-888-40RIVER and leave a message with you name, address and

daytime telephone number. Please be as specific as possible in your

information request.

2. Federal field staff have been identified in each state to answer

questions. You can obtain a list of the federal field staff by calling

1-888-40RIVER, or by accessing the American Heritage Rivers home page

at: http//www.epa.gov/rivers. A list of the agency staff in Washington,

D.C. is also available via these two methods.

3. The latest information is available on the American Heritage

Rivers home page at: http//www.epa.gov/rivers.

Supplementary Information

This notice is available on the American Heritage Rivers home page

at: http://www.epa.gov/rivers.

Background

Why This Initiative?

Rivers are an integral part of our Nation's history. They often

define the distinctive character of communities, providing avenues for

trade, opportunities for commerce, agriculture and forestry, routes for

exploration and discovery, inspiration for ideas and culture, means of

recreation, and habitat for wildlife.

Communities across America are working to revitalize their

waterfronts and to enhance the historic, cultural, recreational,

agricultural, public health, and environmental values of their rivers.

At the same time, many people have called for better, smarter, and more

coordinated ways to work with the federal government. President Clinton

instructed the Cabinet to work with communities in the design of this

initiative to support community-led efforts that spur economic

revitalization, protect natural resources and the environment, and

preserve our historic and cultural heritage.

The American Heritage Rivers initiative is consistent with the

existing authorities articulated by Congress in the National

Environmental Policy Act (NEPA) of 1969, as well as other authorities

granted to agencies (the National Historic Preservation Act, the

Housing and Community Development Act, the Clean Water Act and the

Intermodal Surface Transportation Efficiency Act, to name a few). NEPA,

for example, instructs federal agencies to seek to create and maintain

conditions under which man and nature can exist in productive harmony,

while preserving important historic, cultural, and natural aspects of

our national heritage. The American Heritage Rivers initiative seeks to

coordinate these existing authorities in a more efficient and

complementary manner.

How Was the Initiative Developed?

President Clinton announced the initiative during the State of the

Union Address on February 4, 1997. An interagency task force was formed

to develop the initiative and was charged to report to the President

within 90 days. The task force was chaired by the Council on

Environmental Quality, and participating agencies included the

Departments of Agriculture, Commerce, Defense, Energy, Housing and

Urban Development, Justice, Interior, Transportation, the Environmental

Protection Agency, the Advisory Council on Historic Preservation, the

National Endowment for the Arts, the National Endowment for the

Humanities, and the Smithsonian Institution.

On February 10, 1997, a home page on the World Wide Web was

established to share ongoing information with the public and to

encourage their input on all components of the initiative (http://

www.eps.gov/rivers). The home page is updated on a regular basis. In

addition, a hotline was established for citizen comments and questions

(1-888-40RIVER).

During April and May, meetings were held across the country to

solicit input on the criteria and selection process and to identify the

particular federal resources sought most by communities. Staff members

from the U.S. Congress authorizing and appropriating committees, along

with a varied group of stakeholders, were invited to the two

Washington, D.C. meetings. Meetings have also been held in Albuquerque,

New Mexico; Boston, Massachusetts; Philadelphia, Pennsylvania; Atlanta,

Georgia; Chicago, Illinois; San Francisco, California; Los Angeles,

California; Seattle, Washington; Asheville, North Carolina; and Denver,

Colorado. In addition, members of the interagency task force were

invited to meetings in El Paso (organized by Congressman Silvestre

Reyes) and

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Laredo, Texas (convened by Mayor Saul N. Ramirez, Jr. and Webb County

Judge Mercurio Martinez, Jr.)

Participants in these meetings offered many excellent suggestions

on the overall initiative design and the needs of communities across

the country engaged in river revitalization efforts. As a result, a

draft notice of the initiative was published in the Federal Register on

May 19. The Federal Register notice specifically asked for comments on

the proposed overall design of the initiative, the qualifying and

selection criteria, and the nomination and selection process. It also

solicited advice regarding the specific types of federal assistance

communities would find most helpful.

The comment period was originally scheduled to end June 9, 1997,

but was extended until August 20, 1997 at the request of individuals

and organizations and to encourage additional public comment.

Following the Federal Register notice, members of the interagency

task force were invited to attend a number of meetings, including those

in Minneapolis, Minnesota (organized by St. Paul Mayor Norm Coleman and

attended by some 20 mayors along the Upper Mississippi River); the Fox

River, Wisconsin (at the request of Congressman Jay Johnson); and the

cities of Dubuque, Iowa; Jefferson City, Missouri; and Austin, Texas

(at the invitation of representatives from the agriculture community);

Denver, Colorado (at the invitation of the Upper Arkansas Watershed

Council); West Virginia (at the request of the Hardy County

Commissioners); and Frederick, Maryland (at the request of the

Frederick County Board of Commissioners).

Summary of Comments Received From the Comment Period (May 19 to August

20, 1997)

The Federal Register notice comment period ran from May 19 to

August 20, 1997, for a total of 90 days. The Administration is

appreciative of all those who took the time to express their views and

ideas on the initiative.

More than 1,700 comments were received. Many respondents wrote in

favor of the initiative, citing increased coordination of federal

services, the attention to environmental, economic, and cultural and

historic values in the design of the initiative, the integrated method

to river restoration and revitalization, and the community-driven

approach. Many appreciated the fact that no new regulations would be

imposed as a result of the initiative.

Many of the respondents wrote in opposition to the initiative. Many

were opposed to federal involvement of any kind in restoring and

revitalizing rivers and often expressed concern about property rights

and the role of the United Nations along designated rivers.

Efforts were made to address all comments received. Special effort

was made to clarify and refine the following areas:

Overall initiative design;

Need for the initiative;

Qualifying and selection criteria;

Role of the federal government;

Congressional, state, and local roles;

Benefits to non-designated rivers;

Role of the River Navigator;

Private property concerns;

Nomination and selection process;

Public involvement in the design of the initiative.

A summary of the comments received, and how each was addressed,

appears in Appendix 2 of this notice.

Overall Program Design

The American Heritage Rivers initiative will be driven by the needs

and desires of communities that wish to participate. The federal

government will focus the delivery of resources to support community-

led efforts that spur economic revitalization, protect natural

resources and the environment, and preserve our historic and cultural

heritage. The initiative will also pinpoint and recognize outstanding

models of community-based development, conservation, and other efforts,

and will, through an information clearinghouse, share the lessons

learned in these communities with all who are interested.

How Do Communities Nominate a River and Who May Apply?

The nomination process begins in the local community. People

representing all the different interests who live and work in the area

should come together to develop the nomination. After meeting to share

information, identify common goals for their river, and set strategies

to achieve those goals, they should ask one of their members to submit

a nomination on their behalf.

The nomination package must include a completed American Heritage

Rivers Cover Sheet (printed at the end of this notice in Appendix 1)

and responses to items 1-4, listed below. Responses to items 3 and 4

constitute the primary basis for evaluating nominations. Items 1 and 2

will be used to put responses to items 3 and 4 in context, but will not

be used to assess the merits of the nomination. The President will

designate rivers that receive the highest evaluation from items 3 and 4

and have substantively answered items 1 and 2. The President will also

seek rivers representing the geographical, historical, and resource

diversity of the nation (for a complete discussion of additional

factors used in the selection process, please see ``How Will Rivers Be

Selected for Designation?'' below).

These four items reflect changes made to the initiative as a result

of public comment. In the May 19 and June 20 Federal Register notices,

five criteria were listed: (1) Broad community support; (2) notable

resource qualities; (3) local and regional partnership agreements; (4)

strategies that lead to action; and (5) measurable results. In this

final notice, two criteria from the earlier notices, (1) broad

community support and (2) local and regional partnership agreements,

have been combined into one item: ``illustrate support for the

nomination and plan of action.'' The second criterion from earlier

notices, notable resource qualities, is no longer a criterion because

it is primarily descriptive. The two criteria from the earlier notices,

(3) strategies that lead to action and (4) measurable results, have

been combined into one item: ``describe the community's plan of

action,'' which includes measures of performance as one of the

components of the plan of action.

The four items to be addressed in the nomination packet are:

1. Describe the Proposed American Heritage River Area

Define the proposed area and describe its natural qualities and

current uses; for example, economic activities, population patterns,

and topography. The size may vary from a short stretch to the whole

length of the river. It can cover land immediately adjacent to the

river, such as the waterfront and stream side areas, or span the entire

watershed. It may cross jurisdictional boundaries. The scope of the

area, however, should be sufficient to achieve the community's goals.

2. Describe the Notable Resource Qualities in the Area

Explain how the natural, economic, agricultural, scenic, historic,

cultural, and/or recreational resources are distinctive or unique.

3. Describe the Community's Plan of Action

Demonstrate that the community has in hand, or is developing, a

clearly defined plan of action to achieve its vision for the river

area. Applicants are expected to address all three American

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Heritage Rivers objectives--economic revitalization, natural resource

and environmental protection, and historic and cultural preservation--

either through planned actions or past accomplishments. Any actions

planned on the designated river area should not adversely impact

neighboring communities. The community may describe both long-term

plans and short-term actions. It should also describe how private

property rights will be respected.

At a minimum, the plan of action should address:

Community vision.

Products and projects, including project maintenance.

Resources, both committed and anticipated, including means

of generating additional support from both private and public sources.

Expected federal role.

Schedule or timeline.

Citizen involvement.

Public education.

Logistical support, operating procedures and policies.

Prior accomplishments, if relevant, and relationship to

existing plans and projects in the area.

Challenges to community action.

Measures of performance.

4. Illustrate Who Supports the Nomination and Plan of Action

Demonstrate that a range of citizens and organizations support the

nomination and plan of action. Provide evidence that members of the

community have had an opportunity to comment on and discuss the

nomination and plan of action.

Supporters should reflect the diversity of the community.

As appropriate, they should include farmers, ranchers, landowners,

businesses and industries, educational and arts organizations, youth

groups, community leaders, developers and community development

organizations, historical societies, environmental groups, and other

nonprofit organizations, elected officials, and state, tribal and local

governments. Supporters should include minority and low income-

individuals and groups. Those who rely on the resources but live

outside the area should also be included in discussions about the plan

of action, but may not submit a nomination.

Describe the nature and scope of the supporters' role.

Demonstrate that they come from all affected jurisdictions.

As appropriate, describe how past and continuing

partnerships or agreements support the nomination proposal. If

relevant, describe partnerships or agreements that were forged and

commitments that were made specifically to support the American

Heritage Rivers nomination proposal.

Letters of endorsement and support are highly recommended,

especially those from elected officials and appropriate state, tribal

and local governments. Letters from federal agencies will not be

accepted.

Nominations must be limited to 15 pages of 10-point text or larger,

using one-inch margins. Letters of endorsement should include names,

addresses, and phone numbers of the supporters and will not count

toward the 15-page limit. Letters of endorsement should also indicate

the level of support to be given to the American Heritage River plan of

action by the individual or organization writing the letter. Letters of

endorsement must be included in the nomination packet; letters of

endorsement sent separately will not be considered. Due to constraints

on the review and selection process, additional materials, such as

videos, photographs, and plans, will not be accepted; however,

photographs may be embedded in the text if the total length does not

exceed 15 pages.

As part of a nomination packet, communities must identify projects

they wish to undertake. Communities seeking designation do not have to

agree on every aspect of the river's use; they must only agree to

support the plan of action for the river they identify in their

nomination package. Of course, any projects identified in the

nomination packet must still undergo applicable state and local review

processes.

The most successful applicants will show evidence of broad

community support and a clearly defined plan of action. A single

nomination for the same river, river stretch or river confluence will

indicate, in part, this broad community support. One nomination per

river, river stretch or river confluence is recommended. Multiple

nominations will be ranked and scored separately.

The scope of the nomination does not have to include contiguous

segments of the river. While it is desirable to apply for designation

of contiguous river segments, nominations for two or more noncontiguous

segments will be accepted and considered. It is conceivable that two

communities will choose to nominate noncontiguous segments of the same

river. Although this is acceptable, actions proposed should not

adversely affect neighboring communities or have a negative impact on

such things as cultural or natural resources, the environment, river

access, water quantity or quality, agriculture, navigation, or flood

plain management.

After a designation is made, some communities may wish to add

stretches of river as part of their designated river. The same process

used by the community to seek designation should be used to augment the

designated river area. The community should notify the Committee (see

``Coordinated Delivery of Federal Services'' below) of this

augmentation. The Committee will then make such recommendations to the

President on behalf of the community.

Foreign governments and their international organizations are

ineligible to nominate rivers. Foreign governments and their

international organizations will have no authority granted to them as a

result of an American Heritage Rivers designation.

Nominations are welcomed from community-led efforts that are well

underway, as well as from new efforts that are not yet being

implemented.

How Will Rivers Be Selected for Designation?

A panel of experts on river issues will review nominations and

recommend rivers to the President for designation. The panel will be

composed of a number of interests, such as representatives of natural,

cultural and historic resources concerns; scenic, environmental and

recreation interests; tourism, transportation, and economic development

interests; labor; and industries such as agriculture, hydropower,

manufacturing, mining, forest management and others.

The Chair of the Council on Environmental Quality shall develop

procedures for selecting the members of the panel and directing its

activities.

In preparation for review by the panel, agency staff will score

individual nominations based on community responses to items 1-4

explained in detail above and summarized as follows:

1. Description of the proposed American Heritage River area.

2. Description of the notable resource qualities in the area.

3. Description of the community's plan of action.

4. Illustration of who supports the nomination and plan of action.

Responses to items 3 and 4 constitute the primary basis for

evaluating nominations and will be given equal weight in the scoring

process, while items 1 and 2 will be used to put responses to items 3

and 4 in context.

From among those nominations that are considered to be qualified,

the reviewing panel will also seek to recommend rivers for designation

that

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represent a range and variety of kinds of rivers, including those that:

As a group and individually, represent the natural,

historic, cultural, social, economic and agricultural diversity of

American rivers.

Showcase a variety of stream sizes and an assortment of

urban, rural, and mixed settings from around the country. The Committee

may recommend both relatively pristine and degraded rivers.

Highlight a variety of innovative programs in such areas

as historic preservation, wildlife management, fisheries restoration,

recreation, community revitalization, agricultural practices, public

health and drinking water source protection, and flood plain and

watershed management.

Include community partnerships in an early stage of

development, as well as those that are more well established.

Stand to benefit from requested federal assistance.

Number of Designations

The President will designate ten rivers in early 1998. Additional

designation in subsequent years will be guided by experience gained

from the designated rivers and the level of community support for the

initiative.

Terms of Designation

American Heritage Rivers designation is intended to enhance the

partnership between a community along a designated river and the

federal government. Although the term of focused, active assistance

will be limited to five years, it may be impossible to achieve

measurable results from a community's plan of action in that time.

Federal agencies may continue to provide appropriate services as part

of their ongoing activities after this time.

The community, with the support of the federal government, will

work together to implement the plan of action. Designation will

generally be considered permanent or until and unless termination of

designation is sought.

The Committee will develop a process by which any community that

nominates and has its river designated may have this designation

terminated at its request.

Upon a determination by the Chair of the Council on Environmental

Quality that a community has failed to implement its plan, the Chair

may recommend to the President that a designation be revoked. The Chair

shall notify the community at least 30 days prior to making such a

recommendation to the President. Based on that recommendation, the

President may revoke the designation.

The federal government may also find it necessary to terminate

designation because a community has failed to pursue its plan of

action. The procedures for such an action will accompany the

designation of American Heritage Rivers. Regardless of whether the

community or the federal government has requested termination of

designation, the other party shall be entitled to know the rational for

the other party's action.

Benefits of Designation

Presidential Recognition

Designated American Heritage Rivers will be selected by the

President of the United States as rivers which deserve special

recognition.

Coordinated Delivery of Federal Services

Programs exist in numerous federal agencies to support economic

revitalization, natural resources and environmental protection, and

historic and cultural preservation, especially in the agencies that

have participated in the development of American Heritage Rivers.

All assistance from the federal government under the auspices of

the American Heritage Rivers initiative will come at the request of the

community. However, once a river is designated, a preliminary team of

federal agency representatives will be available to help the community

determine the role for federal assistance. A River Navigator, formerly

referred to as a ``caseworker'' in public meetings and earlier

documents (see ``River Navigator'' below, for a full description of

this position) will be made available for each community. The American

Heritage Rivers Interagency Committee (see ``Summary'' above) may

assist in overcoming obstacles that arise as many federal services are

provided.

Examples of the federal assistance a community might receive

include: information and maps to help communities identify and evaluate

historic, environmental and economic resources; capacity building,

planning and community outreach assistance to ensure a well-defined

action strategy and a broad base of support; training in the use of

soil and water quality information as a basis for decision-making and

against which to measure progress; training and assistance with

environmental monitoring to help communities develop a report card on

river conditions and trends; research assistance to identify events and

trends in local history; interpretive assistance to develop a framework

for communicating the importance of the community's river heritage;

technical and financial assistance to implement restoration and

pollution prevention activities; and economic modeling to help

communities assess benefits and costs of proposed projects.

Within 90 days of designation, the community and the federal agency

team should agree on a framework document to identify their proposed

roles. The community and the federal team should agree upon one

sponsoring federal agency to lead the coordination of federal

resources. Methods for simplifying and expediting individual program

services will be investigated, and, recommendations made, as

appropriate, for improving the scope and substance of federal tools.

The federal teams will function in partnership with each community,

state, local, tribal governments, non-governmental organizations, and

others, as appropriate.

The Committee will oversee the federal responsibilities under the

initiative. Based on the lessons learned from each designated river,

the Committee will look for opportunities to reduce bureaucracy,

streamline services, and overcome obstacles.

Finally, federal employees providing assistance to designated

American Heritage Rivers will participate in an evaluation of the

successes and problems associated with the initiative and make

recommendations for improving delivery and accessibility of services

and programs.

River Navigator

The community surrounding each designated river will have the

opportunity to help select a River Navigator who will assist the

community in implementing its plan of action. The River Navigator will

serve as a liaison between the community and the appropriate federal

programs; assist the community, if requested, in engaging the

assistance of state, tribal, and local governments and private sector

interest; provide information services; offer technical advice; and

perform other duties as the community may request, consistent with the

goals of the American Heritage Rivers initiative.

The community, rather than the River Navigator, will be responsible

for implementation of the community's plans. The River Navigator will

have no authority to adjudicate and may not engage in the following:

lobbying; leadership of the community partnership or any of its

endeavors, or sponsoring organizations; or serve as an

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officer or voting member of the partnership or any sponsoring

organization.

In order to ensure clear communication, the federal government will

request that the community identify a single point of contact as its

representative to work closely with the River Navigator. Of course, all

members of the community may speak with the River Navigator and other

appropriate federal officials assisting American Heritage Rivers.

The framework document, drafted by the federal agencies and the

community within 90 days of designation, should include a position

description for the River Navigator tailored to the unique needs of the

community. The federal agencies and the community should develop

performance measures for the River Navigator once she or he is

identified. These performance measures must reflect the role of the

River Navigator as defined in this Federal Register notice.

The River Navigator will be selected by the sponsoring federal

agency with input from the community (see ``Coordinated Delivery of

Federal Services'' above), and will be filled for a period no longer

than five years beginning no later than 120 days after the date of

designation. Because each community will have difference needs, the

sponsoring federal agency will identify several candidates for the

River Navigator position from existing staff and provide an opportunity

for the community to interview these candidates and provide input to

the selection process. The River Navigator will have maximum latitude

to work with the community, while also having direct access to

principal staff of the sponsoring agency, including the agency

representative on the Council (see ``Coordinated Delivery of Federal

Services'' above) as well as other agencies.

The River Navigator position will be fully federally funded, unless

the community volunteers non-federal funds to support the position.

There is no requirement that a community accept a federal employee as

their River Navigator. If the community chooses not to take advantage

of the benefit of having a River Navigator, the federal government will

provide a point of contact on the Council to call upon as needed.

``Good Neighbor'' Policy

Regarding those sites designated as American Heritage Rivers, the

federal government intends to act as a ``good neighbor'' in planning

and making decisions that affect economic development, natural

resources and environmental protection, and historic and cultural

preservation. The assistance provided by federal agencies is intended

to enhance and complement local community goals. In coordinating with

state, tribal and local governments, federal agencies will strive to

minimize inconsistency, and to reduce or eliminate conflicting policies

and programs operating on and around designated rivers. Through early

coordination and public involvement, federal agencies will be in a

better position to accommodate the local community plans for designated

rivers when planning proposed federal actions. The Good Neighbor policy

will add no new layers of review or approval to federal actions--it

will simply facilitate those coordination policies and review processes

already in place, and encourage the consolidation and streamlining of

existing review processes, where possible.

Federal agencies will be encouraged to work in partnership with

communities. Local federal facilities will be encouraged to provide

public access, physical space, technical assistance, and other support

for which they have authority and resources.

Private Sector Opportunities

The Administration will look for opportunities to help communities

access resources from the private sector to help accomplish the

purposes of this initiative.

Benefits to Applicants Who Submit Complete Nomination Packages

Communities that invest their time to complete the American

Heritage Rivers nomination package have already taken important steps

to revitalize their communities and improve their rivers. In

recognition of these efforts, those who submit complete nomination

packages will receive:

An invitation to a national or regional symposium on

partnering with federal, state, tribal and local governments to share

information and learn about the tools and resources available from a

variety of sources, including community organizations. These symposia

will also provide community members an opportunity to give important

feedback to federal program managers.

Relevant site-specific data and computer software,

including environmental information, geological maps, community

planning software and economic modeling tools. This information will be

tailored to meet the community's needs as identified in their

nomination.

Improved Services Available to All Communities

All communities will benefit from improved federal services.

American Heritage Rivers Services consolidates existing information

from many organizations in one, easy-to-use World Wide Web site. Those

who do not have Internet access can call 1-888-40RIVER to request

information.

Services, tools and products related to these three primary

objectives of American Heritage Rivers are referenced in the web site.

Users may choose from categories such as:

Information Centers, Publications, Maps and Databases.

Calendars, Discussion Groups, and Contacts.

Hands On Assistance and Talent Banks.

Laws and Regulations.

Financial Assistance.

Community Outreach Tools, Curricula, and Professional

Training.

Data Collection and Evaluation Techniques.

Planning and Management Tools.

Research and Development.

Each entry describes the services and provides contacts for further

information, including Internet links (where possible).

American Heritage Rivers Services also provides information

organized geographically. Using familiar prompts, such as a river or

city name, users can locate information on flood events, population

change, road networks, the condition of the water resources, and the

partnerships already at work in their area. They can construct

customized maps and download them, use economic and environmental

assessment models, find information on relevant educational programs,

link their own information, or enter a dialogue with others.

Clarifications

What is the Role of the Federal Agencies?

The role of the federal agencies in this initiative is to listen to

community concerns and needs; to work with communities engaged in

conservation and development activities; to overcome obstacles in the

delivery of federal services to identified local priorities; and to

play a coordination role in helping communities and government agencies

learn from each other and compile the best practices, standards, and

models for emulation throughout the country.

The greater coordination of federal agencies involved in the

American Heritage Rivers initiative may result in

[[Page 48866]]

more efficient review of federal actions taken in conjunction with

implementation of the community's plan of action.

While federal agencies will not endorse individual nominations for

designation as an American Heritage River, they will be able to answer

questions about the nomination process and continue to work with local

government and nongovernmental organizations, some of which may be

pursuing designation.

All activities proposed under the American Heritage Rivers

initiative must comply with and be consistent with any applicable

federal, state, tribal and local laws, be voluntary, and be helpful to

local governments. There is nothing in the American Heritage Rivers

initiative that will alter any obligation of the federal government to

comply with NEPA or any other statutory or regulatory requirements.

Nothing herein shall create or alter any rights, duties, obligations,

causes of action or defenses, implied or otherwise, of any person or

entity. American Heritage Rivers is a commitment by the federal

government to try to provide those programs and resources, identified

by the community and paid for by taxpayers, in the most efficient and

effective manner possible.

Protection for Private Property and Other Rights

The Administration is committed to ensuring that private property

rights, water rights, and other rights are fully respected and

protected under the American Heritage Rivers initiative.

The American Heritage Rivers initiative will work in

coordination with laws and regulations that seek to reduce pollution,

improve water quality, protect drinking water, manage floodplains,

promote economic development, facilitate interstate commerce, promote

agriculture, protect wetlands and endangered species, preserve

important historic and archaeological sites, and address other

concerns.

The American Heritage Rivers initiative will not conflict

with matters of state and local government jurisdiction, such as water

rights, land use planning and water quality standards, nor will it

change interstate water compacts, Indian tribal treaty rights, flood

damage reduction, or other existing rights. By achieving greater

coordination between programs and local needs, American Heritage Rivers

will work to build mutual understanding and better solutions to

existing and future problems. It will provide a forum in which federal

officials, community organizations, and other stakeholders can examine

how the range of regulations are implemented locally.

Employees of the federal government, including the River

Navigator, may not as a result of the American Heritage Rivers

initiative infringe on the existing authority of local governments to

plan or control, land use, or provide or transfer authority over such

land use; nor may the initiative affect any existing limitations on or

create any new authorities for the participation of federal employees,

including River Navigators, in local zoning or land management

decisions involving private property.

The initiative will not supersede, abrogate, or otherwise

impair the authority of each state to allocate quantities of water

within its jurisdiction; and any proposal relating to water rights in a

community's plan must comport with all applicable laws and interstate

compacts. Nothing in this initiative is meant to preclude any holder of

a state water right from exercising that right in a manner consistent

with state law.

In implementing the American Heritage Rivers initiative,

federal departments and agencies shall act with due regard for the

protections of private property provided by the Fifth Amendment to the

United States Constitution.

What is the Role of State, Tribal, and Local Governments?

State, tribal, and local governments play critical roles in the

American Heritage Rivers initiative. The initiative is designed to

complement the work already taking place at the state, tribal and local

levels. Local agencies in particular bring a unique and valuable

perspective. The American Heritage Rivers initiative can serve as a

catalyst to bring these stakeholders together, including neighboring

localities and states that share rivers.

Through partnerships, the American Heritage Rivers initiative will

bring federal, state, tribal and local resources together to improve

the ten designated rivers and provide more efficient services to

communities. The greater efficiency achieved through greater

coordination of federal services will translate into easier access to

federal services by state, tribal, and local governments.

Projects identified through the nomination process for American

Heritage Rivers will undergo appropriate state and local review

processes. The identification of projects in the nomination process

should not circumvent local, regional, or state planning forums,

especially those involving public review process. Indeed, as

appropriate, such processes should complement public outreach efforts

and can serve as public forums on proposed projects to be undertaken as

part of designation as an American Heritage River. Designation should

not impact existing timetables for projects already identified by the

community. In many cases, designation could accelerate completion of

common objectives.

Many of the federal agencies already have close working

relationships with state, tribal, and local governments. These

relationships will continue. The River Navigator may request that

state, tribal, and local governments participate in the teams that will

be assembled to work with each community to implement its plan of

action.

Evidence of state, tribal, and local government support will be a

key element in selecting American Heritage Rivers. It is likely that

state, tribal, and local governments will submit nominations on behalf

of communities who wish to participate.

The American Heritage Rivers initiative schedule:

1997

February-ongoing: Outreach to Interested Organizations and

Individuals

May-August: Federal Register notice of Draft Program Design, with

Comment Period

September: Cabinet Recommends Initiative Design to President

Mid-September: Federal Register notice of Final Program, Open

Nomination Period

December 10: Nominations Due

1998

Early 1998: Designated Rivers Announced

Dated: September 12, 1997.

Kathleen A. McGinty,

Chair, Council on Environmental Quality.

APPENDICES

Appendix 1--American Heritage Rivers Cover Sheet for Nomination Packet

[OMB Control No. 0596-0143; Expiration Date: 3/31/98]

To be considered, nomination packets must be received by 7:00

p.m. Eastern Standard Time on December 10, 1997.

Mail your completed nomination packet to: American Heritage

Rivers, Executive Office of the President, Old Executive Office

Building, Room 360, Washington, D.C. 20502.

Or fax to: (202) 456-6546.

Or to e-mail: See instructions on American Heritage Rivers web

site at http://www.epa.gov/rivers.

1. Name of proposed American Heritage River: ________________

2. Nominating Organization(s): __________

3. Primary Point of Contact: __________

[[Page 48867]]

Title:---------------------------------------------------------------

Organization:--------------------------------------------------------

Street Address:------------------------------------------------------

City:----------------------------------------------------------------

State:---------------------------------------------------------------

ZIP:-----------------------------------------------------------------

Phone: Work----------------------------------------------------------

Home:----------------------------------------------------------------

FAX------------------------------------------------------------------

4. Certification and Signature of Primary Point of Contact:

To the best of my knowledge, the information contained in this

Nomination Packet is accurate.

Name of Contact (print):---------------------------------------------

Title:---------------------------------------------------------------

Signature and Date:--------------------------------------------------

Nominations must be limited to 15 pages of 10-point text or

larger, using one-inch margins. Letters of endorsement should

include names, addresses, and phone numbers of the supporters and

will not count toward the 15-page limit. Letters of endorsement

should also indicate the level of support to be given to the

American Heritage River plan of action by the individual or

organization writing the letter. Letters of endorsement must be

included in the nomination packet; letters of endorsement sent

separately will not be considered. Due to constraints on the review

and selection process, additional materials, such as videos,

photographs, and plans, will not be accepted; however, photographs

may be embedded in the text if the total length does not exceed 15

pages.

Facsimile (FAX) of nomination packets will be accepted. Fax to

(202) 456-6546.

Nomination packets may be submitted electronically. See

instructions on the American Heritage Rivers web site at http://

www.epa.gov/rivers.

If faxing or sending electronically, please also complete and

mail the cover sheet along with any letters of endorsement.

The nomination packet must be received by 7:00 p.m. Eastern

Standard Time on December 10, 1997.

Information supplied on the nomination cover sheet will be used

to determine eligibility for American Heritage River designation and

is required to receive program benefits.

Estimated burden for preparing this application is 32 hours per

response. If you have comments on this burden estimate, contact

American Heritage Rivers c/o Council on Environmental Quality,

Executive Office of the President, Old Executive Office Building,

Room 360, Washington, DC 20502. Information supplied on the

nomination cover sheet is public and may not be held confidential.

An agency may not contact or sponsor, and a person is not required

to respond to a collection of information unless it displays a

currently valid OMB control number.

Appendix 2--Summary of Comments Received and How They Were Used

A content analysis of the comments was performed to provide an

accurate picture of expressed public opinion on the initiative. The

comments were incorporated into the final design of the initiative.

A 100 percent analysis was carried out on the 1,727 letters, e-mail

messages, phone messages, faxes, petitions and form letters received

through August 20. Each letter was read and coded by a team trained

in content analysis procedures. Each substantive comment was divided

into subject categories and captured verbatim in the database.

Individuals made up the largest response (58.5 percent). Others

who commented identified themselves as farmers and ranchers (4.2

percent); environmental organizations (3.9 percent), and elected

officials (12.1 percent, including Members of Congress).

Respondents commented on a wide range of subjects. In particular

they focused on the following (not in rank order):

Overall initiative design;

Need for the initiative;

Qualifying and selection criteria;

Role of the federal government;

Congressional, state, and local roles;

Benefits to non-designated rivers;

Role of the River Navigator;

Private property concerns;

Nomination and selection process

Public involvement in the design of the initiative.

Overall Initiative Design

Many comments were favorable, citing increased federal

coordination, the attention to a range of values in the design of

the initiative, the integrated approach to river restoration and

revitalization, and the community-driven approach. Many comments

were appreciative of the non-regulatory design of the initiative.

Several comments addressed initiative funding. Some requested

that the initiative be funded adequately to ensure success; others

stated that the initiative would be too costly. Many respondents

wanted to know more about the cost of the initiative and many were

concerned that support for existing programs would be withdrawn in

order to pay for the initiative. Still others stated that ``no new

money'' was a good catalyst and freed communities to develop more

creative solutions.

In response, this Federal Register notice clarifies that the

American Heritage Rivers initiative is about improved government

responsiveness, efficiency, and effectiveness. The programs that are

part of the initiative are already authorized by Congress; the

initiative will ensure these programs are better coordinated and

targeted. With a full understanding of the community's needs and

coordinated assistance, the appropriate federal program will more

quickly be available to a given community (reducing costly delays

and wasteful duplication of efforts).

Need for the Initiative

Some respondents expressed concern that the initiative would

create another bureaucratic layer and merely duplicate existing

federal, state, and local programs. Among those who stated that the

initiative was useful and needed, the principal reasons given were

river revitalization and improvement of federal programs by focusing

on community-based solutions. This Federal Register notice clarifies

that the initiative is needed in order to support locally-led

efforts aimed at economic development, natural resources and

environmental protection, and historic and cultural preservation in

an efficient and effective manner. See additional discussion under

``Why this initiative?''

Qualifying and Selection Criteria

On the subject of qualifying criteria, a number of respondents

were concerned that only certain types of rivers would be

designated--those with prior successes, those rivers in relatively

pristine condition, or only rivers in the East. A number of

respondents stated that highly degraded rivers and efforts at an

early stage of development were most deserving of designation. This

Federal Register notice clarifies that a diversity of rivers will be

selected. See additional discussion under ``How will rivers be

selected for designation?''

Role of the Federal Government

Respondents raised many questions on what new roles, in any,

federal agencies would play in their communities. The role of

federal agencies in this initiative is to listen to community

concerns and needs; work with communities engaged in conservation

and development activities; overcome obstacles in the delivery of

federal services and responses to identified local priorities; and

play a coordination role in helping communities and government

agencies learn from each other and compile the best practices,

standards, and models for emulation throughout the country. See

additional discussion under ``What is the role of the federal

agencies?''

Congressional, State, and Local Roles

Respondents raised questions about the involvement of Congress

and the states in both the design of the initiative and its

implementation. Because Congress authorizes and appropriates funds

for the agencies involved in American Heritage Rivers, efforts have

been made to inform Members of Congress of the initiative's progress

from the beginning. Representatives from the participating agencies

invited staff from the authorizations and appropriations committees

to two meetings held in Washington, D.C. In addition, the agencies

held briefings for House and Senate staff and met or talked with

over 100 Congressional offices.

The states have provided input into the initiative, through the

National Governors Association and through individual agencies.

Individual elected officials, as well as the National Conference of

Mayors, commented as well. This Federal Register notice clarifies

that state and local support will be critical to successful

designation and that the initiative will not conflict with matters

of state, tribal and local government jurisdiction.

Many respondents from all parts of the country called for more

involvement by the states in implementing such an initiative, so

that the states' priorities are not overlooked. This Federal

Register notice clarifies that state, tribal, and local governments

all play critical roles in implementing this initiative.

See additional discussion on the role of states in implementing

the initiative under ``What is the role of the states and local

[[Page 48868]]

government?'' and ``What is the Role of the Federal Agencies?''

Benefits to Non-Designated Rivers

Respondents were curious about what benefits will go to non-

designated rivers. The initiative provides benefits to all people

working to revitalize their rivers. See additional discussion under

``Benefits to Applicants Who Submit Complete Nomination Packets''

and ``Improved Services Available to All Communities.''

Role of the River Navigator

Some respondents stated that the River Navigator would be of

great help to the community; others focused on the possibility that

this individual would hold too much power, would add a layer of

bureaucracy, and/or would not represent the community's wishes.

These issues have been clarified in this Federal Register notice.

The River Navigator will not be given any new authority over local

zoning or local land use decisions. When American Heritage Rivers

are selected, members of the relevant communities will have the

opportunity to help shape the specific duties of their River

Navigator and have a role in choosing one Navigator from several

candidates. Although the Administration believes that River

Navigators will be extremely helpful, no community will be required

to accept a River Navigator. See additional discussion under

``Benefits of Designation,'' subsection ``River Navigator.''

Private Property Concerns

Many wrote in with concerns about private property rights. While

existing laws and programs will continue to apply, the American

Heritage Rivers initiative, in and of itself, will have no effect on

private property rights. However, several new directives concerning

protection of property rights were included in the Federal Register

notice. See additional discussion under ``What is the Role of the

Federal Agencies?'' and ``Protection for Private Property and Other

Rights.''

Nomination and Selection Process

Many respondents questioned how rivers would be nominated. The

term ``river community'' was confusing to many people. They sought

clarification on which groups composed a ``river community'' and the

extent of community support needed for a nomination. Of particular

concern was that a group of people who lived outside the ``river

community'' could successfully nominate a river without the support

of the people who relied on the river for their livelihood or

recreation.

Only those people who live or work in the proposed area may

nominate their river. However, people representing all interests

should be involved in the process. See discussion under ``Summary of

American Heritage Rivers Initiative'' and ``How do communities

nominate a river and who may apply?''

Respondents showed considerable interest in particular rivers

being designated. As of September 12, 1997, no nominations have been

solicited or accepted and no rivers have been selected. Nomination

packets are now available. The nomination period will be open from

September 11 to December 10. The President will announce the

selected rivers in early 1998. See more detailed discussion under

``How do communities nominate a river and who may apply?'' and ``How

will rivers be selected?''

Public Involvement in the Design of the Initiative

Respondents sought information on when and how the public has

played a role in designing the initiative. Extensive public

involvement has been a cornerstone of the initiative from the

beginning. See discussion under ``How the initiative was

developed.''

[FR Doc. 97-24774 Filed 9-16-97; 8:45 am]

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