[Federal Register: November 7, 2008 (Volume 73, Number 217)]
[Notices]
[Page 66214-66216]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no08-26]
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DEPARTMENT OF AGRICULTURE
Forest Service
White River National Forest; Colorado; Wild and Scenic Rivers
Suitability Study
ACTION: Notice of intent to prepare an environmental impact statement.
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AGENCY: U.S. Forest Service, USDA.
SUMMARY: The Forest Service is conducting a Wild and Scenic Rivers
suitability study on four eligible river segments described in the WRNF
Land and Resource Management Plan 2002 Revision. These segments are
Colorado River Segments 1 and 2 and Deep Creek Segments 1 and 2. The
results of the suitability study will be analyzed and incorporated into
the Bureau of Land Management, Glenwood Springs and Kremmling Field
Offices Environmental Impact Statement for their Resource Management
Plan Revisions that is already underway. Separate Records of Decision
will be issued for the Forest Service as well as the Bureau of Land
Management.
DATES: Comments and resource information should be submitted to the
Forest Service by December 2, 2008. Public open house meetings will be
held in Glenwood Springs, Colorado, on November 20, 2008, and in Eagle,
Colorado, on November 24, 2008. The meetings will be held from 4:30
p.m. to 6:30 p.m. The draft environmental impact statement is expected
in September 2009.
ADDRESSES: Written comments may be submitted by any of the following
methods:
Fax: (970) 468-7735
E-mail: wrnf_scoping_comments@fs.fed.us
Hard copy: Peech Keller, NEPA Coordinator, White River
National Forest, P.O. Box 620, Silverthorne, CO 80498.
FOR FURTHER INFORMATION CONTACT: Peech Keller, 970-262-3495.
SUPPLEMENTARY INFORMATION: The Forest Service is conducting a Wild and
Scenic Rivers suitability study on four eligible river segments
described in the White River National Forest Land and Resource
Management Plan 2002 Revision. These segments are Colorado River
Segments 1 and 2 and Deep Creek Segments 1 and 2. The suitability
analysis will follow the guidance in FSH 1909.12 (Land Management
Handbook), Chapter 80 (Wild and Scenic River Evaluation), and guidance
from the Interagency Wild and Scenic Rivers Coordinating Council. The
results of the suitability study will be analyzed and incorporated into
the Bureau of Land Management, Glenwood Springs and Kremmling Field
Offices Resource Management Plan Revisions and associated Environmental
Impact Statement that is already underway. The final environmental
impact statement is expected in July 2010. The anlaysis will tier from
the White River National Forest Land and Resource Management Plan 2002
EIS and incorporate the White River National Forest Land and Resource
Management Plan. Separate Records of Decision will be issued from the
Forest Service as well as the Bureau of Land Management.
Purpose and Need for Action
To meet the requirements of the Section 5(d)(1) of the Wild and
Scenic Rivers Act of 1968 (16 U.S.C. 1271-1287; Pub. L. 90-542, 82
Stat. 906, as amended), which directs federal agencies to consider
potential Wild and Scenic Rivers in their land and water planning
process, the White River National Forest completed the eligibility
phase of the Wild and Scenic Rivers study for four segments of the
Colorado River (Glenwood Canyon) and Deep Creek during its 2002 Land
and Resource Management Plan Revision. The Forest Service is now
preparing a wild and scenic river study report to determine the
suitability of these segments for possible inclusion in the National
Wild and Scenic Rivers System. Section 5(d)(1) of the Wild and Scenic
Rivers Act 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.''
Proposed Action
The Forest Service will conduct a suitability analysis on four
eligible river segments described in the White River National Forest
Land and Resource Management Plan 2002 Revision to determine which, if
any, of the segments are suitable for inclusion in the National Wild
and Scenic Rivers System. These segments are Colorado River Segments 1
and 2 and Deep Creek Segments 1 and 2. The eligibility phase of the
analysis was completed for Deep Creek in a joint Forest Service and BLM
study completed in 1995. The eligibility phase of the analysis was
completed for the Colorado River segments in the Land and Resource
Management Plan 2002 Revision.
The suitability analysis will follow the guidance in FSH 1909.12
(Land Management Handbook), Chapter 80 (Wild and Scenic River
Evaluation), and guidance from the Interagency Wild and Scenic Rivers
Coordinating Council.
Possible Alternatives
The Forest Service will analyze a reasonable range of alternatives.
The Forest Service will take into consideration all issues raised
during public scoping. As directed by FSH 1909.12, Chapter 80, the
Forest Service will, at a minimum, analyze the following alternatives:
1. No action (continuation of current management);
2. National designation of all eligible segments of the river;
3. Protection of eligible segments by means other than national
designation; and
4. Designation of some eligible segments.
Lead and Cooperating Agencies
The lead agency for this effort is the Bureau of Land Management,
Glenwood Springs Field Office and Kremmling Field Office. The USDA
Forest Service, White River National Forest is a cooperating agency.
Responsible Official
The Responsible Official for the Forest Service decision is Rick
Cables, Rocky Mountain Regional Forester; 740 Simms St., Golden, CO
80401.
[[Page 66215]]
Nature of Decision To Be Made
The Forest Service will determine which, if any, of the four
eligible segments studied for suitability are suitable for inclusion in
the National Wild and Scenic Rivers System. If none of the segments are
found suitable, they will be dropped from further consideration and
managed according to the objectives and specific management
prescriptions outlined in the White River National Forest Land and
Resource Management Plan 2002 Revision. If a segment is found suitable,
it will receive interim protection as described in the Wild and Scenic
Rivers Act until Congressional action is taken regarding the segments'
designation.
Scoping Process
Public open house meetings will be held in Glenwood Springs,
Colorado, on November 20, 2008, and in Eagle, Colorado, on November 24,
2008. The meetings will be held from 4:30 p.m. to 6:30 p.m. The Forest
Service will announce the public scoping meetings via local news media,
mailings, and the Forest Service Web site (http://www.fs.fed.us/r2/
whiteriver/). Comments concerning the scope of the analysis should be
received by December 2, 2008.
Comments Requested
Comments and resource information should be submitted to the Forest
Service within 30 days of this notice in the Federal Register. Comments
of particular interest will provide information related to the factors
described in FSH 1909.12 (Land Management Planning Handbook), Chapter
80 (Wild and Scenic River Evaluation), Section 82.41 (Basis for
Suitability). They are as follows:
1. Characteristics that do or do not make the area a worthy
addition to the National System. These characteristics are described in
the act (paras. 2 through 7) and may include additional suitability
factors in paragraphs 8 through 13.
2. The current status of land ownership and use in the area.
3. The reasonably foreseeable potential uses of the land and water
that would be enhanced, foreclosed, or curtailed if the area were
included in the National System.
4. The federal agency that will administer the area should it be
added to the National System.
5. The extent to which the agency proposes that administration of
the river, including the costs thereof, be shared by state and local
agencies.
6. The estimated cost to the United States of acquiring necessary
lands and interests in land and of administering the area should it be
added to the National System.
7. A determination of the degree to which the state or its
political subdivisions might participate in the preservation and
administration of the river should it be proposed for inclusion in the
National System.
The following additional suitability factors may also be
considered:
8. An evaluation of the adequacy of local zoning and other land use
controls in protecting the river's outstandingly remarkable values by
preventing incompatible development.
9. The state/local government's ability to manage and protect the
outstandingly remarkable values on nonfederal lands. This factor
requires an evaluation of the river protection mechanisms available
through the authority of state and local governments. Such mechanisms
may include, for example, statewide programs related to population
growth management, vegetation management, water quantity or quality, or
protection of river-related values such as open space and historic
areas.
10. Support or opposition to designation. Assessment of this factor
will define the political context. The interest in designation or
nondesignation by federal agencies; state, local and tribal
governments; national and local publics; and the state's Congressional
delegation should be considered.
11. The consistency of designation with other agency plans,
programs, or policies and in meeting regional objectives. Designation
may help or impede the goals of Tribal governments, or other federal,
state or local agencies. For example, designation of a river may
contribute to state or regional protection objectives for fish and
wildlife resources. Similarly, adding a river that includes a limited
recreation activity or setting to the National System may help meet
statewide recreation goals. Designation might, however, limit
irrigation and/or flood control measures in a manner inconsistent with
regional socioeconomic goals.
12. The contribution to river system or basin integrity. This
factor reflects the benefits of a ``systems'' approach, for example,
expanding the designated portion of a river in the National System or
developing a legislative proposal for an entire river system
(headwaters to mouth) or watershed. Numerous benefits may result from
managing an entire river or watershed, including the ability to design
a holistic protection strategy in partnership with other agencies and
the public.
13. The potential for water resources development. The intent of
the act is to preserve selected rivers from the harmful effects of
water resources projects. Designation will limit development of water
resources projects as diverse as irrigation and flood control measures,
hydropower facilities, dredging, diversion, and channelization.
Early Notice of Importance of Public Participation in Subsequent
Environmental Review: A draft environmental impact statement will be
prepared for comment. The comment period on the draft environmental
impact statement will be 90 days from the date the Environmental
Protection Agency publishes the notice of availability in the Federal
Register.
The Forest Service believes, at this early stage, it is important
to give reviewers notice 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 statement stage but that are not raised
until after completion of the final environmental impact 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 90 days 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 the final environmental impact statement.
To assist the Forest Service in identifying and considering issues
and concerns on the proposed action, comments on the draft
environmental impact statement should be as specific as possible. It is
also helpful if comments refer to specific pages or chapters of the
draft statement. Comments may also address the adequacy of the draft
environmental impact statement or the merits of the alternatives
formulated and discussed in the statement. Reviewers may wish to refer
to the Council on Environmental Quality Regulations for implementing
the procedural provisions of the
[[Page 66216]]
National Environmental Policy Act at 40 CFR 1503.3 in addressing these
points.
Comments received, including the names and addresses of those who
comment, will be considered part of the public record on this proposal
and will be available for public inspection.
Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook
1909.15, Section 21.
Dated: October 31, 2008.
Mary G. Morgan,
Acting Forest Supervisor, White River National Forest.
[FR Doc. E8-26610 Filed 11-6-08; 8:45 am]
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