Wild and Scenic River Suitability Study for Pine Creek (Box/Death Hollow Wilderness Section), Mamie Creek and Its West Tributary, Death Hollow Creek (Box/Death Hollow Wilderness Section), East Fork Boulder Creek, Slickrock Canyon, Cottonwood Canyon, Steep Creek, Water Canyon, Lamanite Arch Canyon, and The Gulch, Dixie National Forest, Garfield County, UT

DEPARTMENT OF AGRICULTURE

Forest Service

Wild and Scenic River Suitability Study for Pine Creek (Box/Death

Hollow Wilderness Section), Mamie Creek and Its West Tributary, Death

Hollow Creek (Box/Death Hollow Wilderness Section), East Fork Boulder

Creek, Slickrock Canyon, Cottonwood Canyon, Steep Creek, Water Canyon,

Lamanite Arch Canyon, and The Gulch, Dixie National Forest, Garfield

County, UT

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an environmental impact statement.

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SUMMARY: Notice is hereby given that the Forest Service, USDA, will

prepare an environmental impact statement (EIS) which analyzes the

suitability of

[[Page 70382]]

sections of Pine Creek (Box/Death Hollow Wilderness portion), Mamie

Creek and its west tributary, Death Hollow Creek (Box/Death Hollow

Wilderness portion), East Fork Boulder Creek, Slickrock Canyon,

Cottonwood Canyon, Steep Creek, Water Canyon, Lamanite Arch Canyon, and

The Gulch, within the Dixie National Forest boundary in Garfield

County, Utah, 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 DEIS will also include a

Forest Land and Resource Management Plan amendment. The amendment will

provide interim protection for those rivers recommended to Congress

until Congress rules on a final recommendation.

The agency gives notice that the environmental analysis process is

underway. Interested and potentially affected persons, along with

local, state, and other federal agencies, are invited to participate

and contribute to the environmental analysis prior to final

recommendation to Congress.

DATES: Written comments to be considered in the preparation of the

Draft Environmental Impact Statement (DEIS) should be submitted on or

before January 22, 1999.

ADDRESSES: Submit written comments to: Forest Supervisor, Dixie

National Forest, 82 N. 100 E., Cedar City, UT 84720.

FOR FURTHER INFORMATION CONTACT:

Questions about the proposed action and draft EIS should be directed to

Steve Robertson, Wild and Scenic River Planning Team Leader, Dixie

National Forest, 82 N. 100 E., Cedar City, UT 84720; telephone 435-865-

3700.

SUPPLEMENTARY INFORMATION: The USDA, Forest Service will study the

suitability of sections of Pine Creek (Box/Death Hollow Wilderness

portion), Mamie Creek and its west tributary, Death Hollow Creek (Box/

Death Hollow Wilderness portion), East Fork Boulder Creek, Slickrock

Canyon, Cottonwood Canyon, Steep Creek, Water Canyon, Lamanite Arch

Canyon, and The Gulch, within the Dixie National Forest boundary for

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

suitability analysis is being initiated in response to the Management

Plan currently being prepared by the Bureau of Land Management (BLM)

for the Grand Staircase-Escalante National Monument (GSENM). A portion

of this plan includes an assessment of streams and rivers within the

boundary of the GSENM for inclusion into the National Wild and Scenic

Rivers System. Recognizing the need for consistency across

jurisdictional boundaries, the Dixie National Forest, Bryce Canyon

National Park, and Glen Canyon National Recreation Area, have worked

together with the GSENM during the eligibility phase of their wild and

scenic rivers analysis. This increased the Monument's study area to

include portions of rivers that extended onto other Federally managed

areas and allowed the planning team to look at entire watersheds.

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.'' Within the boundary of the Dixie National

Forest, the suitability study will consider the following streams for

inclusion into the National Wild and Scenic Rivers System: a 3.1 mile

segment of Pine Creek and its tributaries within the boundary of the

Box Death Hollow Wilderness Area; a 0.4 mile segment of Mamie Creek and

its west tributary from their headwaters to the Forest boundary; a 13.4

mile segment of Death Hollow Creek from its headwaters on the Dixie

National Forest within the Box Death Hollow Wilderness to Mamie Creek;

a 2.7 mile segment of East Fork Boulder Creek immediately below Boulder

Top to the upstream end of Kings Pasture; a 0.7 mile segment of

Slickrock Canyon from its headwaters at 6720 feet elevation to the

Forest boundary; a 2.5 mile segment of Cottonwood Canyon from its

headwaters to the Forest boundary; a 3.0 mile segment of Steep Creek

from one mile below Hiway 12 to the Forest boundary; a 0.2 mile segment

of Water Canyon from its headwaters to the Forest boundary; a 0.6 mile

segment of Lamanite Arch Canyon from its headwaters to the Forest

boundary; and a 0.9 mile segment of The Gulch from its headwaters to

the Forest boundary. The analysis will also include lands within \1/4\

mile from each streambank. Preliminary alternatives include

recommending a wild, scenic, or recreation designation for each segment

and an alternative that recommends none of the segments for

designation. Other appropriate alternatives may be considered. The DEIS

will also include an amendment to the Dixie National Forest Land and

Resource Management Plan to protect those rivers recommended to

Congress until Congress rules on a final recommendation.

Hugh C. Thompson, Forest Supervisor, Dixie 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 designation. The

Forest Service is seeking comments from individuals, organizations, and

local, state and Federal agencies who may be interested in or affected

by the proposed action. The public input will be used in preparation of

the draft EIS which is expected to be filed with the Environmental

Protection Agency (EPA) and available for public review by April, 1999.

At that time, the EPA will publish a notice of availability of the

draft EIS in the Federal Register. The comment period on the draft EIS

will be 45 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 these rivers participate at this time. To assist the

Forest Service in identifying and considering issues and concerns on

the proposed action, comments on the DEIS should be as specific as

possible, it is also helpful if comments refer to specific pages or

chapters of the draft 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. Scoping notices have been sent

to those interested publics on the Dixie National Forest NEPA mailing

list. Other interested individuals, organizations, or agencies may have

their names added to the mailing list for this project at any time by

submitting a request to: Hugh C. Thompson, Forest Supervisor, Dixie

National Forest, 83 N. 100 E., Cedar City, Utah 84720.

The Forest Service believes it is important to give reviewers

notice of several court rulings related to public participation in the

environmental review process. First, reviewers of the DEIS's 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.

Versus NRDC, 435 U.S. 519, 553(1978).

[[Page 70383]]

Also, environmental objections that could have been raised at the

DEIS stage but that are not raised until after completion of the final

EIS may be waived or dismissed by the courts. City of Angoon Versus

Hodel, (9th Circuit, 1986) and Wisconsin Heritages, Inc versus 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 they can be meaningfully considered and

responded to in the final EIS.

After the comment period ends on the draft EIS, comments will be

analyzed and considered by the Forest Service in preparing the final

EIS. In the final EIS, the Forest Service will respond to comments

received. The final EIS is scheduled to be completed by October 1999.

The Secretary of Agriculture will consider the comments, response, and

consequences discussed in the EIS, applicable laws, regulations, and

policies in making recommendation to the President regarding

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: December 8, 1998.

Hugh C. Thompson,

Forest Supervisor, Dixie National Forest.

[FR Doc. 98-33649 Filed 12-18-98; 8:45 am]

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