[Federal Register Volume 59, Number 84 (Tuesday, May 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10472]
[[Page Unknown]]
[Federal Register: May 3, 1994]
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DEPARTMENT OF AGRICULTURE
Management Plan Being Developed for Allegheny National Wild and
Scenic River; Warren, Forest, and Venango Counties, PA
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: The Forest Service will prepare a draft and final
environmental impact statement for a Management Plan and Final Corridor
Boundaries for the Allegheny National Wild and Scenic River located in
northwestern Pennsylvania.
The agency invites written comments and suggestions on the issues
to be addressed and management recommendations needed to protect the
outstandingly remarkable values of the Allegheny National Wild and
Scenic River. In addition, the agency gives notice of the environmental
analysis and decisionmaking process that will occur on the proposal so
that interested and affected people are aware of how they may
participate and contribute to the decision. This EIS will result in an
amendment to the Allegheny National Forest Land and Resource Management
Plan.
DATES: Comments should be received in writing by May 18, 1994, to
ensure timely consideration.
ADDRESSES: Send written comments to Allegheny River Management Plan,
Allegheny National Forest, P.O. Box 847, Warren, PA 16365.
FOR FURTHER INFORMATION CONTACT:
Susan K. Wingate, Allegheny National Forest, P.O. Box 847, Warren, PA
16365 (814/723-5150).
SUPPLEMENTARY INFORMATION: On April 20, 1992, legislation was signed
(Pub. L. 102-271) amending the Wild and Scenic Rivers Act of 1968 to
include 85 miles of the Allegheny River as a component of the National
Wild and Scenic River System. This act gave a ``recreational''
classification to all three designated sections of the Allegheny River
between Kinzua Dam and Emlenton, PA. The Act directed the Secretary of
Agriculture to establish two advisory councils to advise him on the
final corridor boundaries and the management of the designated river
segments. Approximately 20 percent of the designated river segments are
bordered by public lands and 80 percent by private lands.
The decision to be made, based on this environmental impact
statement is: What management guidelines and final corridor boundaries
will best preserve and protect for present and future generations the
outstanding scenic, natural recreational, scientific, historic and
ecological values of the Allegheny River while adequately recognizing
private land rights?
The following preliminary issues derived from public involvement
during the initial river study and the more recent advisory council
process, as well as significant issues identified during additional
scoping, will be considered in the environmental analysis: (1) Public
vs. Private Interests: There is a concern that with the increasing use
of the river by the public, the possibility of conflicts between
private landowners and river users will increase. Landowners are also
concerned about the loss of property rights and increased regulation to
protect identified river values. There is also concern that private
land use could change the character of the river corridor. (2) River
Development: There is concern about what will be proposed, how proposed
river development will be managed and how river development will affect
municipalities and landowners. There is also concern about how to
maintain the river's character and minimize impacts on riparian
landowners while developing the economic potential of the river. (3)
Land Acquisition: There is a concern that acquisition of land by the
Forest Service within the river corridor will result in a loss of tax
base for local municipalities.
A range of alternatives will be considered. They will include, as a
minimum, the no action alternative that does not recommend any action
to implement the Wild and Scenic River designation beyond that which is
needed to meet minimum requirements and existing laws; and an
alternative that recommends maximum protection of designated sections,
including public land purchase and the inforporation of advisory
council recommendations. Additional alternatives may be developed from
public comments received during the scoping process. The environmental
impact statement will disclose the direct, indirect and cumulative
effects of implementing each alternative.
The Forest Service is seeking information, comments, and assistance
from Federal, State and local agencies, and other individuals or
organizations who may be interested in or affected by the proposal.
Comments previously submitted during the river study and relevant to
the management of the corridor as well as new information submitted
will be utilized in the preparation of the draft environmental impact
statement. During April 1994, news releases will be mailed to local and
regional newspapers, radio stations, etc., and letters will be sent to
key contacts and interested and affected publics. Advisory Council
meetings will continue to be used as a means to inform the public of
the analysis process and to provide for public participation and
involvement. Additional meetings may be held in other locations.
The responsible official is Floyd J. Marita, Regional Forester.
The draft environmental impact statement is expected to be filed
with the Environmental Protection Agency (EPA) and to be available for
public review by September 1994. At that time, EPA will publish a
notice of availability of the draft environmental impact statement in
the Federal Register.
The comment period on the draft environmental impact statement will
be 45 days from the date the Environmental Protection Agency publishes
the notice of available 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. Upon release of the
draft environmental impact statement, projected for September 1994,
reviewers 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 proposal 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 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 National Environmental Policy Act at
40 CFR 1503.3 in addressing these points.)
After the comment period ends on the draft environmental impact
statement, the comments will be analyzed, and considered by the Forest
Service in preparing the final environmental impact statement. The
final environmental impact statement is scheduled to be completed by
December 1994. This decision will be subject to appeal under 36 CFR
217.3.
Dated: April 7, 1994.
Lionel A. Lemery,
Wild and Scenic Rivers Coordinator.
[FR Doc. 94-10472 Filed 5-2-94; 8:45 am]
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