[Federal Register Volume 60, Number 221 (Thursday, November 16, 1995)]
[Notices]
[Pages 57571-57572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28319]
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DEPARTMENT OF AGRICULTURE
Forest Service
Wild and Scenic River Suitability Study for the South Platte
River and the North Fork of the South Platte River in Douglas,
Jefferson, and Park Counties, CO
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 wild and scenic river
study report and legislative environmental impact statement (LEIS) to
address the suitability of sections of the South Platte River and the
North Fork of the South Platte River primarily within the Pike National
Forest in Douglas, Jefferson, and Park counties, Colorado, for
inclusion into the National Wild and Scenic Rivers System. The Forest
Service invites written comments and suggestions on the management of
these river sections and the scope of this analysis. The agency gives
notice of the full environmental analysis and decision making process
that will occur in this study so that interested and affected people
are aware of how they may participate and contribute to the final
recommendation to Congress.
[[Page 57572]]
DATES: Comments concerning the study of these rivers should be received
by May 31, 1996. Send written comments and suggestions concerning the
management of this river to Rick D. Cables, Forest Supervisor, Pike and
San Isabel National Forests, Cimarron and Comanche National Grasslands,
1920 Valley Drive, Pueblo, Colorado 81008.
FOR FURTHER INFORMATION CONTACT:
Questions about the proposed action and draft LEIS should be directed
to Steve Davis, Wild and Scenic River Planning Team Leader, Pike and
San Isabel National Forests, Cimarron and Comanche National Grasslands,
1920 Valley Drive, Pueblo, Colorado 81008; telephone (719) 585-3714.
SUPPLEMENTARY INFORMATION: The Forest Service is studying these rivers
as required under Section 5(d)(1) of the Wild and Scenic Rivers Act of
1968 (Pub. L. 90-542, 82 Stat. 906, as amended; 16 U.S.C. 1271-1287).
Section 5(d)(1) 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 a 22.8-mile segment of the South Platte River from
below Elevenmile Dam to the high water line of Cheeseman Reservoir, a
23-mile segment of the South Platte River from below Cheeseman Dam to
the high water line of Strontia Springs Reservoir, and a 23.1-mile
segment of the North Fork of the South Platte River from the upstream
boundary of the Berger property, near Insmont, downstream to its
confluence with the South Platte River, to include lands within \1/4\
mile from each stream bank. Preliminary alternatives include a wild and
scenic designation for each segment for the length of the proposal, and
an unsuitable for designation alternative. Other appropriate
alternatives may be considered.
Rick D. Cables, Forest Supervisor, Pike and San Isabel National
Forests, Comanche and Cimmarron National Grasslands is the responsible
official for preparing the suitability study. Dan Glickman, 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, 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.
The draft LEIS is expected to be filed with the Environmental
Protection Agency (EPA), and available for public review by October,
1996. 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 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 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 (40 CFR 1503.4). The final LEIS is scheduled to be completed
by the end of October 1997. 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: November 9, 1995.
Tom L. Thompson,
Deputy Regional Forester.
[FR Doc. 95-28319 Filed 11-15-95; 8:45 am]
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