[Federal Register Volume 63, Number 89 (Friday, May 8, 1998)]
[Notices]
[Pages 25479-25480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12432]
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COUNCIL ON ENVIRONMENTAL QUALITY
American Heritage Rivers Initiative
AGENCY: Council on Environmental Quality.
ACTION: Description of Administration policy regarding congressional
opposition to designation of American Heritage Rivers.
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Immediately following the 1997 State of the Union Address,
President Clinton instructed the Cabinet to work with communities on
the design of the American Heritage Rivers initiative to support
community-led efforts that spur economic revitalization, protect
natural resources and the environment, and preserve our historic and
cultural heritage. In response to this initiative, communities across
the country nominated 126 rivers (or stretches of rivers) for
designation as an American Heritage River. An advisory committee of
nonfederal experts will review all nominations and recommend rivers to
the President for designation.
An interagency working group convened by the White House developed
guidelines for the review of nominations. As stated in the Federal
Register Notice of September 17, 1997 and President Clinton's Executive
Order of April 7, 1998, the advisory committee will provide an
assessment of the following for each nomination:
1. The scope of each nomination's application and the adequacy of
its design to achieve the community's goals;
2. Whether the natural, economic (including agricultural), scenic,
historic, cultural, and/or recreational resources featured in the
application are distinctive or unique;
3. The extent to which the community's plan of action is clearly
defined and the extent to which the plan addresses all three American
Heritage Rivers objectives--natural resource and environmental
protection, economic revitalization, and historic and cultural
preservation--either through planned cooperative action or past
accomplishments.
4. The strength and diversity of support for the nomination and
plan of action as evidenced by letters from local and State
governments, Indian tribes, elected officials, any and all parties who
participate in the life and health of the area nominated, or who have
an interest in the economic life and cultural and environmental vigor
of the involved community.
The Administration believes that public input into the design of
the initiative and into individual river nominations is critically
important. Representatives from Federal agencies traveled around the
country to meet with community organizations, local governments and
industry associations to learn their views on the initiative and
incorporate them into its design.
On May 19, 1997, the Administration published a notice in the
Federal Register requesting comment about the initiative's structure,
the criteria used to determine eligible rivers, the needs of
communities for technical assistance and funding, and other items. The
Administration incorporated many of the more than 1,700 comments
received during the more than 90 days of public input into the final
design of the initiative that was published on September 17, 1997 in
the Federal Register. This notice also included how communities apply
for designation, specifically asking them to demonstrate strong and
diverse public support for the nomination.
Nominations closed on December 10, 1997. Members of Congress were
sent copies of nominations from their districts and asked to provide
comments to the Administration by January 23, 1998.
The Administration received more than 200 responses from Members of
Congress, both in support and opposition, to particular nominations.
Overall, Members expressed support for rivers that were nominated in
their districts or State by more than a 4:1 ratio.
The views of Members of Congress on specific nominations have
particular importance in evaluating applications. Elected officials
such as Members of Congress represent a diversity of concerns within a
community that need to be taken into account. Furthermore, the views of
Members of Congress are especially relevant in this case since American
Heritage Rivers is a Federal initiative on behalf of those communities.
The Administration concluded accordingly that, under the conditions
described in this notice, if a Member of Congress opposes the
nomination of a river in his or her district, it means that a
sufficient strength and diversity of support were not demonstrated for
such a designation, and that the nomination did not satisfy that
particular criteria.
In order to respond to the views of Members of Congress who oppose
specific nominations, the Administration has agreed that the nomination
of certain rivers or stretches of river would be excluded from
consideration for designation under this initiative, if the Member so
requested.
[[Page 25480]]
The way in which this exclusion works is summarized in this notice as
follows.
A Member of the U.S. House of Representatives may request that a
nomination as an American Heritage River not be considered for
selection. If the entire nominated portion of the river flows through
the district of that Member, then the nomination will not be considered
by the advisory committee. If only a portion of the river flows through
the Member's district, then that portion of the river would not be
included in any designation by the President. The advisory committee in
its consideration of that nomination would need to weigh the extent to
which that exclusion affects the merit of the balance of the
nomination. A Member may only make such a request for rivers, or
portions of rivers, that flow through his or her district and may not
exclude from consideration the nomination of a river in the district of
another Member.
Likewise, the Senators from a state may request that a nomination
as an American Heritage River not be considered for selection. A
request made by both Senators will be dispositive of the application.
If the entire nominated portion of the river flows through the state of
the Senators, then the nomination will not be considered by the
advisory committee. If only a portion of the river flows through the
Senator's state, then that portion of the river would not be included
in any designation by the President. The advisory committee in its
consideration of that nomination would need to weigh the extent to
which that exclusion affects the merit of the balance of the
nomination. A Senator may only make such a request for rivers or
portions of rivers that flow through his or her state and may not
exclude from consideration the nomination of a river in another state.
Of course, if a single Senator opposes a nomination, and the other
Senator and the relevant House Member express no view, the nomination
will not be considered by the advisory committee.
Where the view of a single Senator who opposes a nomination
conflicts with the position of the other Senator from that state or a
Member of Congress (for that part of a river which he or she
represents) because one or the other supports the nomination, then the
views of all members of the Congressional delegation will be presented
to the advisory committee. In such cases, the advisory committee will
evaluate the merits of the nomination and the degree to which the
criteria of strength and diversity of support have been satisfied by
the application. However, if any House Member opposes a nomination,
then no designation of any stretch of the river will be considered in
his district as previously outlined in this notice.
Nine rivers completely eliminated from consideration by
Congressional opposition:
Clearwater River, ID, MT--Representative Helen Chenoweth
(ID-1), Senator Conrad Burns (MT), Senator Larry Craig (ID),
Representative Rick Hill (MT-ALL), Senator Dirk Kempthorne (ID);
Gunnison River, CO--Representative Scott McInnis (CO-3),
Senator Ben Nighthorse Campbell (CO);
Osage River, MO--Representative Ike Skelton (MO-4);
St. Mary's River, MI--Representative Bart Stupak (MI-1);
San Joaquin River, CA--Representative George Radanovich
(CA-19);
San Juan River, NM--Representative Bill Redmond (NM-3);
San Luis Rey River, CA--Representative Randy Cunnningham
(CA-51), Representative Ron Packard (CA-48);
Snohomish River, WA--Representative Jack Metcalf (WA-2);
Upper Rio Grande, NM--Representative Bill Redmond (NM-3),
Representative Steve Schiff (NM-1), Joe Skeen (NM-2).
Sixteen rivers affected in part by Congressional opposition:
American River, CA--Representative John Doolittle (CA-4),
Richard Pombo (CA-11);
Arkansas River, AR, CO, OK, KS--Representative Marion
Berry (AR-1), Senator Sam Brownback (KS), Representative Tom Coburn
(OK-2), Representative Jay Dickey (AR-4), Representative Jerry Moran
(KS-1), Representative Todd Tiahrt (KS-4), Asa Hutchinson (AR-3),
Senator Tom Hutchinson (AR), Senator Ben Nighthorse Campbell (CO);
Cold Water Creek, MO--Representative James Talent (MO-2);
Columbia River, OR--Senator Gordon H. Smith (OR);
French Broad River, NC--Representative Charles Taylor (NC-
11);
James River, VA--Representative Thomas Bliley, Jr. (VA-7);
Jordan River, UT--Representative Christopher Cannon (UT-
3);
Mississippi River, MO--Representative Pat Danner (MO-6),
Representative James Talent (MO-2);
Missouri River, MT, MO, NE, SD--Representative Pat Danner
(MO-6), Representative Rick Hill (MT-ALL), Representative Kenny Hulshof
(MO-9), Representative James Talent (MO-2), Representative Ike Skelton
(MO-4), Senator Sam Brownback (KS), Senator Conrad Burns (MT), Senator
Hagel (NE), Representative John Thune (SD-ALL), Representative Vincent
Snowbarger (KS-3);
Ohio River, IN--Representative John Hostettler (IN-8);
Ouachita River, LA/AR--Representative Jay Dickey (AR-4),
Representative Asa Hutchinson (AR-3), Senator Tim Hutchinson (AR);
St. John's River, FL--Representative David Weldon (FL-15),
Representative Cliff Stearns (FL-6);
San Antonio River, TX--Representative Lamar Smith (TX-21);
South Platte River, CO--Senator Ben Nighthorse Campbell
(CO);
Santa Cruz River, AZ--Senator Jon Kyl (AZ);
Yellowstone River, WY, MT--Representative Barbara Cubin
(WY-ALL), Representative Rick Hill (MT-ALL), Senator Conrad Burns (MT),
Senator Michael Enzi (WY), Senator Craig Thomas (WY);
Williamette River, OR--Senator Gordon H. Smith (OR).
FOR FURTHER INFORMATION CONTACT: Karen Hobbs, Agency Representative,
Council on Environmental Quality, Old Executive Office Building, Room
360, Washington, D.C. 20501. Phone: 202-395-7417; Fax: 202-456-6546.
Dated: May 6, 1998.
Kathleen A. McGinty,
Chair, Council on Environmental Quality.
[FR Doc. 98-12432 Filed 5-7-98; 8:45 am]
BILLING CODE 3125-01-M
