[Federal Register Volume 62, Number 180 (Wednesday, September 17, 1997)]
[Notices]
[Pages 48860-48868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24774]
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COUNCIL ON ENVIRONMENTAL QUALITY
American Heritage Rivers Initiative
AGENCY: Council on Environmental Quality.
ACTION: Description of American Heritage Rivers Initiative and
information on how communities nominate their rivers.
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CONTENTS: The major sections of this document include:
Summary
Deadline
Availability of Nomination Packets and Supplementary Information
Background
Summary of Comments Received from the Federal Register Notices of
May 19 and June 20
Overall Program Design
Benefits of Designation
Benefits to Applicants who Submit Complete Nomination Packages
Improved Services Available to All Communities
Clarifications
Appendices
Summary
In the State of the Union Address on February 4, 1997, President
Clinton announced an initiative supporting community-led efforts
relating to rivers that spur economic revitalization, protect natural
resources and the environment, and preserve historic and cultural
heritage. President Clinton has since issued Executive Order 13061
directing agencies to establish and implement the initiative. This
notice summarizes the initiative developed to implement the President's
directive.
The federal government plays two critical roles in supporting
river-related projects. First, it offers federal agency services to
organizations and governments conducting community-based work. Second,
it creates a national information and communications network to
encourage communities to provide useful information to communities,
including sharing success stories.
The American Heritage Rivers initiative is voluntary and locally
driven; communities choose to participate and can terminate their
participation at any time. In implementing the American Heritage Rivers
initiative, federal departments and agencies shall act with due regard
for the protections of private property provided by the Fifth Amendment
to the United States Constitution.
The American Heritage Rivers initiative will create no new
regulatory requirements or rules for property owners or state, tribal,
or local governments. The American Heritage Rivers initiative will use
existing federal resources more effectively to assist communities.
To enhance federal assistance to community-based projects, the
federal government will solicit nominations from communities wishing to
designate their rivers as American Heritage Rivers. The nomination
process is described in this notice. The President will designate 10
American Heritage Rivers in early 1998. The communities surrounding
designated rivers will receive a number of benefits, including special
recognition; focused support from existing federal programs; a person
(the ``River Navigator'') to serve as a liaison between the community
and the federal government; improved delivery of assistance from
agencies throughout the federal government; and a ``good neighbor''
policy. The federal government will work to integrate and streamline
its approach to providing existing federal services in designated
American Heritage River communities in partnership with local
leadership. These partnerships will give the federal government an
opportunity to study and improve how it provides assistance to
communities across the nation.
Additionally, the federal government will provide a new information
center on the World Wide Web for community-based projects in economic
revitalization, natural resources and the environment, and historic and
cultural preservation. These Web pages will include information about
services that can assist community projects and provide opportunities
for dialogue between communities. The federal government will also
provide this information to people without access to the Internet.
The American Heritage Rivers initiative was developed by an
interagency task force convened by the White House.
The President's Executive Order creates a new committee, called the
American Heritage Rivers Interagency Committee (Committee) that will be
responsible for the implementation of the American Heritage Rivers
initiative. The Committee will be composed of the following members or
their designees at the Assistant Secretary level or equivalent:
The Secretary of Defense;
The Attorney General;
The Secretary of the Interior;
The Secretary of Agriculture;
The Secretary of Housing and Urban Development;
The Secretary of Transportation;
The Secretary of Energy;
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The Administrator of the Environmental Protection Agency;
The Chair of the Advisory Council on Historic
Preservation;
The Chairperson of the National Endowment for the Arts;
The Chairperson of the National Endowment for the
Humanities.
The Executive Order shall apply to any agency on the Committee and
such other agencies as designated by the President.
Each of these departments and agencies oversees programs and
services, authorized by Congress, that can benefit citizens in
riverfront communities. By engaging many of these departments and
agencies in the creation of the American Heritage Rivers initiative,
the Administration has tried to ensure that the initiative is founded
on their various missions they are mandated to address, economic
revitalization, natural resources and environmental protection, and
historic and cultural preservation, and is directed at improving the
coordination and delivery of related services.
The American Heritage Rivers initiative embodies the
Administration's effort to reinvent government in accordance with the
National Performance Review. The National Performance Review, directed
by Vice President Gore, seeks to create a government that works better
and costs less through focusing on customer service, developing
partnerships, and delegating power to the front lines.
Availability of Nomination Packets and Supplementary Information
Deadline: Nominations must be received by 7:00 p.m., EST, on
December 10, 1997. No nomination packets will be accepted after this
time.
Availability of Nomination Packets: Nomination packets are
available by request:
1. To call for nomination packets: 1-888-40RIVER and leave a
message to request a nomination packet.
2. To request nomination packets by mail, write to: Karen Hobbs,
Agency Representative, Executive Office of the President, Old Executive
Office Building, Room 360, Washington, D.C. 20502.
3. To request nomination packets by Internet, access the American
Heritage Rivers homepage at http://www.epa.gov/rivers.
Address
Nomination packets will be accepted in three ways:
1. To mail nomination packets: Executive Office of the President,
Old Executive Office Building, Room 360, Washington, D.C. 20502.
2. To fax nomination packets: 202-456-6546.
3. To e-mail nomination packets see instructions on the American
Heritage Rivers homepage at http://www.epa.gov/rivers.
All applicants will receive a postcard notification that their
nomination packet has been received.
For Further Information: You can request additional information
about American Heritage Rivers in the following ways:
1. To receive an information packet or ask a specific question:
Call 1-888-40RIVER and leave a message with you name, address and
daytime telephone number. Please be as specific as possible in your
information request.
2. Federal field staff have been identified in each state to answer
questions. You can obtain a list of the federal field staff by calling
1-888-40RIVER, or by accessing the American Heritage Rivers home page
at: http//www.epa.gov/rivers. A list of the agency staff in Washington,
D.C. is also available via these two methods.
3. The latest information is available on the American Heritage
Rivers home page at: http//www.epa.gov/rivers.
Supplementary Information
This notice is available on the American Heritage Rivers home page
at: http://www.epa.gov/rivers.
Background
Why This Initiative?
Rivers are an integral part of our Nation's history. They often
define the distinctive character of communities, providing avenues for
trade, opportunities for commerce, agriculture and forestry, routes for
exploration and discovery, inspiration for ideas and culture, means of
recreation, and habitat for wildlife.
Communities across America are working to revitalize their
waterfronts and to enhance the historic, cultural, recreational,
agricultural, public health, and environmental values of their rivers.
At the same time, many people have called for better, smarter, and more
coordinated ways to work with the federal government. President Clinton
instructed the Cabinet to work with communities in the design of this
initiative to support community-led efforts that spur economic
revitalization, protect natural resources and the environment, and
preserve our historic and cultural heritage.
The American Heritage Rivers initiative is consistent with the
existing authorities articulated by Congress in the National
Environmental Policy Act (NEPA) of 1969, as well as other authorities
granted to agencies (the National Historic Preservation Act, the
Housing and Community Development Act, the Clean Water Act and the
Intermodal Surface Transportation Efficiency Act, to name a few). NEPA,
for example, instructs federal agencies to seek to create and maintain
conditions under which man and nature can exist in productive harmony,
while preserving important historic, cultural, and natural aspects of
our national heritage. The American Heritage Rivers initiative seeks to
coordinate these existing authorities in a more efficient and
complementary manner.
How Was the Initiative Developed?
President Clinton announced the initiative during the State of the
Union Address on February 4, 1997. An interagency task force was formed
to develop the initiative and was charged to report to the President
within 90 days. The task force was chaired by the Council on
Environmental Quality, and participating agencies included the
Departments of Agriculture, Commerce, Defense, Energy, Housing and
Urban Development, Justice, Interior, Transportation, the Environmental
Protection Agency, the Advisory Council on Historic Preservation, the
National Endowment for the Arts, the National Endowment for the
Humanities, and the Smithsonian Institution.
On February 10, 1997, a home page on the World Wide Web was
established to share ongoing information with the public and to
encourage their input on all components of the initiative (http://
www.eps.gov/rivers). The home page is updated on a regular basis. In
addition, a hotline was established for citizen comments and questions
(1-888-40RIVER).
During April and May, meetings were held across the country to
solicit input on the criteria and selection process and to identify the
particular federal resources sought most by communities. Staff members
from the U.S. Congress authorizing and appropriating committees, along
with a varied group of stakeholders, were invited to the two
Washington, D.C. meetings. Meetings have also been held in Albuquerque,
New Mexico; Boston, Massachusetts; Philadelphia, Pennsylvania; Atlanta,
Georgia; Chicago, Illinois; San Francisco, California; Los Angeles,
California; Seattle, Washington; Asheville, North Carolina; and Denver,
Colorado. In addition, members of the interagency task force were
invited to meetings in El Paso (organized by Congressman Silvestre
Reyes) and
[[Page 48862]]
Laredo, Texas (convened by Mayor Saul N. Ramirez, Jr. and Webb County
Judge Mercurio Martinez, Jr.)
Participants in these meetings offered many excellent suggestions
on the overall initiative design and the needs of communities across
the country engaged in river revitalization efforts. As a result, a
draft notice of the initiative was published in the Federal Register on
May 19. The Federal Register notice specifically asked for comments on
the proposed overall design of the initiative, the qualifying and
selection criteria, and the nomination and selection process. It also
solicited advice regarding the specific types of federal assistance
communities would find most helpful.
The comment period was originally scheduled to end June 9, 1997,
but was extended until August 20, 1997 at the request of individuals
and organizations and to encourage additional public comment.
Following the Federal Register notice, members of the interagency
task force were invited to attend a number of meetings, including those
in Minneapolis, Minnesota (organized by St. Paul Mayor Norm Coleman and
attended by some 20 mayors along the Upper Mississippi River); the Fox
River, Wisconsin (at the request of Congressman Jay Johnson); and the
cities of Dubuque, Iowa; Jefferson City, Missouri; and Austin, Texas
(at the invitation of representatives from the agriculture community);
Denver, Colorado (at the invitation of the Upper Arkansas Watershed
Council); West Virginia (at the request of the Hardy County
Commissioners); and Frederick, Maryland (at the request of the
Frederick County Board of Commissioners).
Summary of Comments Received From the Comment Period (May 19 to August
20, 1997)
The Federal Register notice comment period ran from May 19 to
August 20, 1997, for a total of 90 days. The Administration is
appreciative of all those who took the time to express their views and
ideas on the initiative.
More than 1,700 comments were received. Many respondents wrote in
favor of the initiative, citing increased coordination of federal
services, the attention to environmental, economic, and cultural and
historic values in the design of the initiative, the integrated method
to river restoration and revitalization, and the community-driven
approach. Many appreciated the fact that no new regulations would be
imposed as a result of the initiative.
Many of the respondents wrote in opposition to the initiative. Many
were opposed to federal involvement of any kind in restoring and
revitalizing rivers and often expressed concern about property rights
and the role of the United Nations along designated rivers.
Efforts were made to address all comments received. Special effort
was made to clarify and refine the following areas:
Overall initiative design;
Need for the initiative;
Qualifying and selection criteria;
Role of the federal government;
Congressional, state, and local roles;
Benefits to non-designated rivers;
Role of the River Navigator;
Private property concerns;
Nomination and selection process;
Public involvement in the design of the initiative.
A summary of the comments received, and how each was addressed,
appears in Appendix 2 of this notice.
Overall Program Design
The American Heritage Rivers initiative will be driven by the needs
and desires of communities that wish to participate. The federal
government will focus the delivery of resources to support community-
led efforts that spur economic revitalization, protect natural
resources and the environment, and preserve our historic and cultural
heritage. The initiative will also pinpoint and recognize outstanding
models of community-based development, conservation, and other efforts,
and will, through an information clearinghouse, share the lessons
learned in these communities with all who are interested.
How Do Communities Nominate a River and Who May Apply?
The nomination process begins in the local community. People
representing all the different interests who live and work in the area
should come together to develop the nomination. After meeting to share
information, identify common goals for their river, and set strategies
to achieve those goals, they should ask one of their members to submit
a nomination on their behalf.
The nomination package must include a completed American Heritage
Rivers Cover Sheet (printed at the end of this notice in Appendix 1)
and responses to items 1-4, listed below. Responses to items 3 and 4
constitute the primary basis for evaluating nominations. Items 1 and 2
will be used to put responses to items 3 and 4 in context, but will not
be used to assess the merits of the nomination. The President will
designate rivers that receive the highest evaluation from items 3 and 4
and have substantively answered items 1 and 2. The President will also
seek rivers representing the geographical, historical, and resource
diversity of the nation (for a complete discussion of additional
factors used in the selection process, please see ``How Will Rivers Be
Selected for Designation?'' below).
These four items reflect changes made to the initiative as a result
of public comment. In the May 19 and June 20 Federal Register notices,
five criteria were listed: (1) Broad community support; (2) notable
resource qualities; (3) local and regional partnership agreements; (4)
strategies that lead to action; and (5) measurable results. In this
final notice, two criteria from the earlier notices, (1) broad
community support and (2) local and regional partnership agreements,
have been combined into one item: ``illustrate support for the
nomination and plan of action.'' The second criterion from earlier
notices, notable resource qualities, is no longer a criterion because
it is primarily descriptive. The two criteria from the earlier notices,
(3) strategies that lead to action and (4) measurable results, have
been combined into one item: ``describe the community's plan of
action,'' which includes measures of performance as one of the
components of the plan of action.
The four items to be addressed in the nomination packet are:
1. Describe the Proposed American Heritage River Area
Define the proposed area and describe its natural qualities and
current uses; for example, economic activities, population patterns,
and topography. The size may vary from a short stretch to the whole
length of the river. It can cover land immediately adjacent to the
river, such as the waterfront and stream side areas, or span the entire
watershed. It may cross jurisdictional boundaries. The scope of the
area, however, should be sufficient to achieve the community's goals.
2. Describe the Notable Resource Qualities in the Area
Explain how the natural, economic, agricultural, scenic, historic,
cultural, and/or recreational resources are distinctive or unique.
3. Describe the Community's Plan of Action
Demonstrate that the community has in hand, or is developing, a
clearly defined plan of action to achieve its vision for the river
area. Applicants are expected to address all three American
[[Page 48863]]
Heritage Rivers objectives--economic revitalization, natural resource
and environmental protection, and historic and cultural preservation--
either through planned actions or past accomplishments. Any actions
planned on the designated river area should not adversely impact
neighboring communities. The community may describe both long-term
plans and short-term actions. It should also describe how private
property rights will be respected.
At a minimum, the plan of action should address:
Community vision.
Products and projects, including project maintenance.
Resources, both committed and anticipated, including means
of generating additional support from both private and public sources.
Expected federal role.
Schedule or timeline.
Citizen involvement.
Public education.
Logistical support, operating procedures and policies.
Prior accomplishments, if relevant, and relationship to
existing plans and projects in the area.
Challenges to community action.
Measures of performance.
4. Illustrate Who Supports the Nomination and Plan of Action
Demonstrate that a range of citizens and organizations support the
nomination and plan of action. Provide evidence that members of the
community have had an opportunity to comment on and discuss the
nomination and plan of action.
Supporters should reflect the diversity of the community.
As appropriate, they should include farmers, ranchers, landowners,
businesses and industries, educational and arts organizations, youth
groups, community leaders, developers and community development
organizations, historical societies, environmental groups, and other
nonprofit organizations, elected officials, and state, tribal and local
governments. Supporters should include minority and low income-
individuals and groups. Those who rely on the resources but live
outside the area should also be included in discussions about the plan
of action, but may not submit a nomination.
Describe the nature and scope of the supporters' role.
Demonstrate that they come from all affected jurisdictions.
As appropriate, describe how past and continuing
partnerships or agreements support the nomination proposal. If
relevant, describe partnerships or agreements that were forged and
commitments that were made specifically to support the American
Heritage Rivers nomination proposal.
Letters of endorsement and support are highly recommended,
especially those from elected officials and appropriate state, tribal
and local governments. Letters from federal agencies will not be
accepted.
Nominations must be limited to 15 pages of 10-point text or larger,
using one-inch margins. Letters of endorsement should include names,
addresses, and phone numbers of the supporters and will not count
toward the 15-page limit. Letters of endorsement should also indicate
the level of support to be given to the American Heritage River plan of
action by the individual or organization writing the letter. Letters of
endorsement must be included in the nomination packet; letters of
endorsement sent separately will not be considered. Due to constraints
on the review and selection process, additional materials, such as
videos, photographs, and plans, will not be accepted; however,
photographs may be embedded in the text if the total length does not
exceed 15 pages.
As part of a nomination packet, communities must identify projects
they wish to undertake. Communities seeking designation do not have to
agree on every aspect of the river's use; they must only agree to
support the plan of action for the river they identify in their
nomination package. Of course, any projects identified in the
nomination packet must still undergo applicable state and local review
processes.
The most successful applicants will show evidence of broad
community support and a clearly defined plan of action. A single
nomination for the same river, river stretch or river confluence will
indicate, in part, this broad community support. One nomination per
river, river stretch or river confluence is recommended. Multiple
nominations will be ranked and scored separately.
The scope of the nomination does not have to include contiguous
segments of the river. While it is desirable to apply for designation
of contiguous river segments, nominations for two or more noncontiguous
segments will be accepted and considered. It is conceivable that two
communities will choose to nominate noncontiguous segments of the same
river. Although this is acceptable, actions proposed should not
adversely affect neighboring communities or have a negative impact on
such things as cultural or natural resources, the environment, river
access, water quantity or quality, agriculture, navigation, or flood
plain management.
After a designation is made, some communities may wish to add
stretches of river as part of their designated river. The same process
used by the community to seek designation should be used to augment the
designated river area. The community should notify the Committee (see
``Coordinated Delivery of Federal Services'' below) of this
augmentation. The Committee will then make such recommendations to the
President on behalf of the community.
Foreign governments and their international organizations are
ineligible to nominate rivers. Foreign governments and their
international organizations will have no authority granted to them as a
result of an American Heritage Rivers designation.
Nominations are welcomed from community-led efforts that are well
underway, as well as from new efforts that are not yet being
implemented.
How Will Rivers Be Selected for Designation?
A panel of experts on river issues will review nominations and
recommend rivers to the President for designation. The panel will be
composed of a number of interests, such as representatives of natural,
cultural and historic resources concerns; scenic, environmental and
recreation interests; tourism, transportation, and economic development
interests; labor; and industries such as agriculture, hydropower,
manufacturing, mining, forest management and others.
The Chair of the Council on Environmental Quality shall develop
procedures for selecting the members of the panel and directing its
activities.
In preparation for review by the panel, agency staff will score
individual nominations based on community responses to items 1-4
explained in detail above and summarized as follows:
1. Description of the proposed American Heritage River area.
2. Description of the notable resource qualities in the area.
3. Description of the community's plan of action.
4. Illustration of who supports the nomination and plan of action.
Responses to items 3 and 4 constitute the primary basis for
evaluating nominations and will be given equal weight in the scoring
process, while items 1 and 2 will be used to put responses to items 3
and 4 in context.
From among those nominations that are considered to be qualified,
the reviewing panel will also seek to recommend rivers for designation
that
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represent a range and variety of kinds of rivers, including those that:
As a group and individually, represent the natural,
historic, cultural, social, economic and agricultural diversity of
American rivers.
Showcase a variety of stream sizes and an assortment of
urban, rural, and mixed settings from around the country. The Committee
may recommend both relatively pristine and degraded rivers.
Highlight a variety of innovative programs in such areas
as historic preservation, wildlife management, fisheries restoration,
recreation, community revitalization, agricultural practices, public
health and drinking water source protection, and flood plain and
watershed management.
Include community partnerships in an early stage of
development, as well as those that are more well established.
Stand to benefit from requested federal assistance.
Number of Designations
The President will designate ten rivers in early 1998. Additional
designation in subsequent years will be guided by experience gained
from the designated rivers and the level of community support for the
initiative.
Terms of Designation
American Heritage Rivers designation is intended to enhance the
partnership between a community along a designated river and the
federal government. Although the term of focused, active assistance
will be limited to five years, it may be impossible to achieve
measurable results from a community's plan of action in that time.
Federal agencies may continue to provide appropriate services as part
of their ongoing activities after this time.
The community, with the support of the federal government, will
work together to implement the plan of action. Designation will
generally be considered permanent or until and unless termination of
designation is sought.
The Committee will develop a process by which any community that
nominates and has its river designated may have this designation
terminated at its request.
Upon a determination by the Chair of the Council on Environmental
Quality that a community has failed to implement its plan, the Chair
may recommend to the President that a designation be revoked. The Chair
shall notify the community at least 30 days prior to making such a
recommendation to the President. Based on that recommendation, the
President may revoke the designation.
The federal government may also find it necessary to terminate
designation because a community has failed to pursue its plan of
action. The procedures for such an action will accompany the
designation of American Heritage Rivers. Regardless of whether the
community or the federal government has requested termination of
designation, the other party shall be entitled to know the rational for
the other party's action.
Benefits of Designation
Presidential Recognition
Designated American Heritage Rivers will be selected by the
President of the United States as rivers which deserve special
recognition.
Coordinated Delivery of Federal Services
Programs exist in numerous federal agencies to support economic
revitalization, natural resources and environmental protection, and
historic and cultural preservation, especially in the agencies that
have participated in the development of American Heritage Rivers.
All assistance from the federal government under the auspices of
the American Heritage Rivers initiative will come at the request of the
community. However, once a river is designated, a preliminary team of
federal agency representatives will be available to help the community
determine the role for federal assistance. A River Navigator, formerly
referred to as a ``caseworker'' in public meetings and earlier
documents (see ``River Navigator'' below, for a full description of
this position) will be made available for each community. The American
Heritage Rivers Interagency Committee (see ``Summary'' above) may
assist in overcoming obstacles that arise as many federal services are
provided.
Examples of the federal assistance a community might receive
include: information and maps to help communities identify and evaluate
historic, environmental and economic resources; capacity building,
planning and community outreach assistance to ensure a well-defined
action strategy and a broad base of support; training in the use of
soil and water quality information as a basis for decision-making and
against which to measure progress; training and assistance with
environmental monitoring to help communities develop a report card on
river conditions and trends; research assistance to identify events and
trends in local history; interpretive assistance to develop a framework
for communicating the importance of the community's river heritage;
technical and financial assistance to implement restoration and
pollution prevention activities; and economic modeling to help
communities assess benefits and costs of proposed projects.
Within 90 days of designation, the community and the federal agency
team should agree on a framework document to identify their proposed
roles. The community and the federal team should agree upon one
sponsoring federal agency to lead the coordination of federal
resources. Methods for simplifying and expediting individual program
services will be investigated, and, recommendations made, as
appropriate, for improving the scope and substance of federal tools.
The federal teams will function in partnership with each community,
state, local, tribal governments, non-governmental organizations, and
others, as appropriate.
The Committee will oversee the federal responsibilities under the
initiative. Based on the lessons learned from each designated river,
the Committee will look for opportunities to reduce bureaucracy,
streamline services, and overcome obstacles.
Finally, federal employees providing assistance to designated
American Heritage Rivers will participate in an evaluation of the
successes and problems associated with the initiative and make
recommendations for improving delivery and accessibility of services
and programs.
River Navigator
The community surrounding each designated river will have the
opportunity to help select a River Navigator who will assist the
community in implementing its plan of action. The River Navigator will
serve as a liaison between the community and the appropriate federal
programs; assist the community, if requested, in engaging the
assistance of state, tribal, and local governments and private sector
interest; provide information services; offer technical advice; and
perform other duties as the community may request, consistent with the
goals of the American Heritage Rivers initiative.
The community, rather than the River Navigator, will be responsible
for implementation of the community's plans. The River Navigator will
have no authority to adjudicate and may not engage in the following:
lobbying; leadership of the community partnership or any of its
endeavors, or sponsoring organizations; or serve as an
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officer or voting member of the partnership or any sponsoring
organization.
In order to ensure clear communication, the federal government will
request that the community identify a single point of contact as its
representative to work closely with the River Navigator. Of course, all
members of the community may speak with the River Navigator and other
appropriate federal officials assisting American Heritage Rivers.
The framework document, drafted by the federal agencies and the
community within 90 days of designation, should include a position
description for the River Navigator tailored to the unique needs of the
community. The federal agencies and the community should develop
performance measures for the River Navigator once she or he is
identified. These performance measures must reflect the role of the
River Navigator as defined in this Federal Register notice.
The River Navigator will be selected by the sponsoring federal
agency with input from the community (see ``Coordinated Delivery of
Federal Services'' above), and will be filled for a period no longer
than five years beginning no later than 120 days after the date of
designation. Because each community will have difference needs, the
sponsoring federal agency will identify several candidates for the
River Navigator position from existing staff and provide an opportunity
for the community to interview these candidates and provide input to
the selection process. The River Navigator will have maximum latitude
to work with the community, while also having direct access to
principal staff of the sponsoring agency, including the agency
representative on the Council (see ``Coordinated Delivery of Federal
Services'' above) as well as other agencies.
The River Navigator position will be fully federally funded, unless
the community volunteers non-federal funds to support the position.
There is no requirement that a community accept a federal employee as
their River Navigator. If the community chooses not to take advantage
of the benefit of having a River Navigator, the federal government will
provide a point of contact on the Council to call upon as needed.
``Good Neighbor'' Policy
Regarding those sites designated as American Heritage Rivers, the
federal government intends to act as a ``good neighbor'' in planning
and making decisions that affect economic development, natural
resources and environmental protection, and historic and cultural
preservation. The assistance provided by federal agencies is intended
to enhance and complement local community goals. In coordinating with
state, tribal and local governments, federal agencies will strive to
minimize inconsistency, and to reduce or eliminate conflicting policies
and programs operating on and around designated rivers. Through early
coordination and public involvement, federal agencies will be in a
better position to accommodate the local community plans for designated
rivers when planning proposed federal actions. The Good Neighbor policy
will add no new layers of review or approval to federal actions--it
will simply facilitate those coordination policies and review processes
already in place, and encourage the consolidation and streamlining of
existing review processes, where possible.
Federal agencies will be encouraged to work in partnership with
communities. Local federal facilities will be encouraged to provide
public access, physical space, technical assistance, and other support
for which they have authority and resources.
Private Sector Opportunities
The Administration will look for opportunities to help communities
access resources from the private sector to help accomplish the
purposes of this initiative.
Benefits to Applicants Who Submit Complete Nomination Packages
Communities that invest their time to complete the American
Heritage Rivers nomination package have already taken important steps
to revitalize their communities and improve their rivers. In
recognition of these efforts, those who submit complete nomination
packages will receive:
An invitation to a national or regional symposium on
partnering with federal, state, tribal and local governments to share
information and learn about the tools and resources available from a
variety of sources, including community organizations. These symposia
will also provide community members an opportunity to give important
feedback to federal program managers.
Relevant site-specific data and computer software,
including environmental information, geological maps, community
planning software and economic modeling tools. This information will be
tailored to meet the community's needs as identified in their
nomination.
Improved Services Available to All Communities
All communities will benefit from improved federal services.
American Heritage Rivers Services consolidates existing information
from many organizations in one, easy-to-use World Wide Web site. Those
who do not have Internet access can call 1-888-40RIVER to request
information.
Services, tools and products related to these three primary
objectives of American Heritage Rivers are referenced in the web site.
Users may choose from categories such as:
Information Centers, Publications, Maps and Databases.
Calendars, Discussion Groups, and Contacts.
Hands On Assistance and Talent Banks.
Laws and Regulations.
Financial Assistance.
Community Outreach Tools, Curricula, and Professional
Training.
Data Collection and Evaluation Techniques.
Planning and Management Tools.
Research and Development.
Each entry describes the services and provides contacts for further
information, including Internet links (where possible).
American Heritage Rivers Services also provides information
organized geographically. Using familiar prompts, such as a river or
city name, users can locate information on flood events, population
change, road networks, the condition of the water resources, and the
partnerships already at work in their area. They can construct
customized maps and download them, use economic and environmental
assessment models, find information on relevant educational programs,
link their own information, or enter a dialogue with others.
Clarifications
What is the Role of the Federal Agencies?
The role of the federal agencies in this initiative is to listen to
community concerns and needs; to work with communities engaged in
conservation and development activities; to overcome obstacles in the
delivery of federal services to identified local priorities; and to
play a coordination role in helping communities and government agencies
learn from each other and compile the best practices, standards, and
models for emulation throughout the country.
The greater coordination of federal agencies involved in the
American Heritage Rivers initiative may result in
[[Page 48866]]
more efficient review of federal actions taken in conjunction with
implementation of the community's plan of action.
While federal agencies will not endorse individual nominations for
designation as an American Heritage River, they will be able to answer
questions about the nomination process and continue to work with local
government and nongovernmental organizations, some of which may be
pursuing designation.
All activities proposed under the American Heritage Rivers
initiative must comply with and be consistent with any applicable
federal, state, tribal and local laws, be voluntary, and be helpful to
local governments. There is nothing in the American Heritage Rivers
initiative that will alter any obligation of the federal government to
comply with NEPA or any other statutory or regulatory requirements.
Nothing herein shall create or alter any rights, duties, obligations,
causes of action or defenses, implied or otherwise, of any person or
entity. American Heritage Rivers is a commitment by the federal
government to try to provide those programs and resources, identified
by the community and paid for by taxpayers, in the most efficient and
effective manner possible.
Protection for Private Property and Other Rights
The Administration is committed to ensuring that private property
rights, water rights, and other rights are fully respected and
protected under the American Heritage Rivers initiative.
The American Heritage Rivers initiative will work in
coordination with laws and regulations that seek to reduce pollution,
improve water quality, protect drinking water, manage floodplains,
promote economic development, facilitate interstate commerce, promote
agriculture, protect wetlands and endangered species, preserve
important historic and archaeological sites, and address other
concerns.
The American Heritage Rivers initiative will not conflict
with matters of state and local government jurisdiction, such as water
rights, land use planning and water quality standards, nor will it
change interstate water compacts, Indian tribal treaty rights, flood
damage reduction, or other existing rights. By achieving greater
coordination between programs and local needs, American Heritage Rivers
will work to build mutual understanding and better solutions to
existing and future problems. It will provide a forum in which federal
officials, community organizations, and other stakeholders can examine
how the range of regulations are implemented locally.
Employees of the federal government, including the River
Navigator, may not as a result of the American Heritage Rivers
initiative infringe on the existing authority of local governments to
plan or control, land use, or provide or transfer authority over such
land use; nor may the initiative affect any existing limitations on or
create any new authorities for the participation of federal employees,
including River Navigators, in local zoning or land management
decisions involving private property.
The initiative will not supersede, abrogate, or otherwise
impair the authority of each state to allocate quantities of water
within its jurisdiction; and any proposal relating to water rights in a
community's plan must comport with all applicable laws and interstate
compacts. Nothing in this initiative is meant to preclude any holder of
a state water right from exercising that right in a manner consistent
with state law.
In implementing the American Heritage Rivers initiative,
federal departments and agencies shall act with due regard for the
protections of private property provided by the Fifth Amendment to the
United States Constitution.
What is the Role of State, Tribal, and Local Governments?
State, tribal, and local governments play critical roles in the
American Heritage Rivers initiative. The initiative is designed to
complement the work already taking place at the state, tribal and local
levels. Local agencies in particular bring a unique and valuable
perspective. The American Heritage Rivers initiative can serve as a
catalyst to bring these stakeholders together, including neighboring
localities and states that share rivers.
Through partnerships, the American Heritage Rivers initiative will
bring federal, state, tribal and local resources together to improve
the ten designated rivers and provide more efficient services to
communities. The greater efficiency achieved through greater
coordination of federal services will translate into easier access to
federal services by state, tribal, and local governments.
Projects identified through the nomination process for American
Heritage Rivers will undergo appropriate state and local review
processes. The identification of projects in the nomination process
should not circumvent local, regional, or state planning forums,
especially those involving public review process. Indeed, as
appropriate, such processes should complement public outreach efforts
and can serve as public forums on proposed projects to be undertaken as
part of designation as an American Heritage River. Designation should
not impact existing timetables for projects already identified by the
community. In many cases, designation could accelerate completion of
common objectives.
Many of the federal agencies already have close working
relationships with state, tribal, and local governments. These
relationships will continue. The River Navigator may request that
state, tribal, and local governments participate in the teams that will
be assembled to work with each community to implement its plan of
action.
Evidence of state, tribal, and local government support will be a
key element in selecting American Heritage Rivers. It is likely that
state, tribal, and local governments will submit nominations on behalf
of communities who wish to participate.
The American Heritage Rivers initiative schedule:
1997
February-ongoing: Outreach to Interested Organizations and
Individuals
May-August: Federal Register notice of Draft Program Design, with
Comment Period
September: Cabinet Recommends Initiative Design to President
Mid-September: Federal Register notice of Final Program, Open
Nomination Period
December 10: Nominations Due
1998
Early 1998: Designated Rivers Announced
Dated: September 12, 1997.
Kathleen A. McGinty,
Chair, Council on Environmental Quality.
APPENDICES
Appendix 1--American Heritage Rivers Cover Sheet for Nomination Packet
[OMB Control No. 0596-0143; Expiration Date: 3/31/98]
To be considered, nomination packets must be received by 7:00
p.m. Eastern Standard Time on December 10, 1997.
Mail your completed nomination packet to: American Heritage
Rivers, Executive Office of the President, Old Executive Office
Building, Room 360, Washington, D.C. 20502.
Or fax to: (202) 456-6546.
Or to e-mail: See instructions on American Heritage Rivers web
site at http://www.epa.gov/rivers.
1. Name of proposed American Heritage River: ________________
2. Nominating Organization(s): __________
3. Primary Point of Contact: __________
[[Page 48867]]
Title:---------------------------------------------------------------
Organization:--------------------------------------------------------
Street Address:------------------------------------------------------
City:----------------------------------------------------------------
State:---------------------------------------------------------------
ZIP:-----------------------------------------------------------------
Phone: Work----------------------------------------------------------
Home:----------------------------------------------------------------
FAX------------------------------------------------------------------
4. Certification and Signature of Primary Point of Contact:
To the best of my knowledge, the information contained in this
Nomination Packet is accurate.
Name of Contact (print):---------------------------------------------
Title:---------------------------------------------------------------
Signature and Date:--------------------------------------------------
Nominations must be limited to 15 pages of 10-point text or
larger, using one-inch margins. Letters of endorsement should
include names, addresses, and phone numbers of the supporters and
will not count toward the 15-page limit. Letters of endorsement
should also indicate the level of support to be given to the
American Heritage River plan of action by the individual or
organization writing the letter. Letters of endorsement must be
included in the nomination packet; letters of endorsement sent
separately will not be considered. Due to constraints on the review
and selection process, additional materials, such as videos,
photographs, and plans, will not be accepted; however, photographs
may be embedded in the text if the total length does not exceed 15
pages.
Facsimile (FAX) of nomination packets will be accepted. Fax to
(202) 456-6546.
Nomination packets may be submitted electronically. See
instructions on the American Heritage Rivers web site at http://
www.epa.gov/rivers.
If faxing or sending electronically, please also complete and
mail the cover sheet along with any letters of endorsement.
The nomination packet must be received by 7:00 p.m. Eastern
Standard Time on December 10, 1997.
Information supplied on the nomination cover sheet will be used
to determine eligibility for American Heritage River designation and
is required to receive program benefits.
Estimated burden for preparing this application is 32 hours per
response. If you have comments on this burden estimate, contact
American Heritage Rivers c/o Council on Environmental Quality,
Executive Office of the President, Old Executive Office Building,
Room 360, Washington, DC 20502. Information supplied on the
nomination cover sheet is public and may not be held confidential.
An agency may not contact or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number.
Appendix 2--Summary of Comments Received and How They Were Used
A content analysis of the comments was performed to provide an
accurate picture of expressed public opinion on the initiative. The
comments were incorporated into the final design of the initiative.
A 100 percent analysis was carried out on the 1,727 letters, e-mail
messages, phone messages, faxes, petitions and form letters received
through August 20. Each letter was read and coded by a team trained
in content analysis procedures. Each substantive comment was divided
into subject categories and captured verbatim in the database.
Individuals made up the largest response (58.5 percent). Others
who commented identified themselves as farmers and ranchers (4.2
percent); environmental organizations (3.9 percent), and elected
officials (12.1 percent, including Members of Congress).
Respondents commented on a wide range of subjects. In particular
they focused on the following (not in rank order):
Overall initiative design;
Need for the initiative;
Qualifying and selection criteria;
Role of the federal government;
Congressional, state, and local roles;
Benefits to non-designated rivers;
Role of the River Navigator;
Private property concerns;
Nomination and selection process
Public involvement in the design of the initiative.
Overall Initiative Design
Many comments were favorable, citing increased federal
coordination, the attention to a range of values in the design of
the initiative, the integrated approach to river restoration and
revitalization, and the community-driven approach. Many comments
were appreciative of the non-regulatory design of the initiative.
Several comments addressed initiative funding. Some requested
that the initiative be funded adequately to ensure success; others
stated that the initiative would be too costly. Many respondents
wanted to know more about the cost of the initiative and many were
concerned that support for existing programs would be withdrawn in
order to pay for the initiative. Still others stated that ``no new
money'' was a good catalyst and freed communities to develop more
creative solutions.
In response, this Federal Register notice clarifies that the
American Heritage Rivers initiative is about improved government
responsiveness, efficiency, and effectiveness. The programs that are
part of the initiative are already authorized by Congress; the
initiative will ensure these programs are better coordinated and
targeted. With a full understanding of the community's needs and
coordinated assistance, the appropriate federal program will more
quickly be available to a given community (reducing costly delays
and wasteful duplication of efforts).
Need for the Initiative
Some respondents expressed concern that the initiative would
create another bureaucratic layer and merely duplicate existing
federal, state, and local programs. Among those who stated that the
initiative was useful and needed, the principal reasons given were
river revitalization and improvement of federal programs by focusing
on community-based solutions. This Federal Register notice clarifies
that the initiative is needed in order to support locally-led
efforts aimed at economic development, natural resources and
environmental protection, and historic and cultural preservation in
an efficient and effective manner. See additional discussion under
``Why this initiative?''
Qualifying and Selection Criteria
On the subject of qualifying criteria, a number of respondents
were concerned that only certain types of rivers would be
designated--those with prior successes, those rivers in relatively
pristine condition, or only rivers in the East. A number of
respondents stated that highly degraded rivers and efforts at an
early stage of development were most deserving of designation. This
Federal Register notice clarifies that a diversity of rivers will be
selected. See additional discussion under ``How will rivers be
selected for designation?''
Role of the Federal Government
Respondents raised many questions on what new roles, in any,
federal agencies would play in their communities. The role of
federal agencies in this initiative is to listen to community
concerns and needs; work with communities engaged in conservation
and development activities; overcome obstacles in the delivery of
federal services and responses to identified local priorities; and
play a coordination role in helping communities and government
agencies learn from each other and compile the best practices,
standards, and models for emulation throughout the country. See
additional discussion under ``What is the role of the federal
agencies?''
Congressional, State, and Local Roles
Respondents raised questions about the involvement of Congress
and the states in both the design of the initiative and its
implementation. Because Congress authorizes and appropriates funds
for the agencies involved in American Heritage Rivers, efforts have
been made to inform Members of Congress of the initiative's progress
from the beginning. Representatives from the participating agencies
invited staff from the authorizations and appropriations committees
to two meetings held in Washington, D.C. In addition, the agencies
held briefings for House and Senate staff and met or talked with
over 100 Congressional offices.
The states have provided input into the initiative, through the
National Governors Association and through individual agencies.
Individual elected officials, as well as the National Conference of
Mayors, commented as well. This Federal Register notice clarifies
that state and local support will be critical to successful
designation and that the initiative will not conflict with matters
of state, tribal and local government jurisdiction.
Many respondents from all parts of the country called for more
involvement by the states in implementing such an initiative, so
that the states' priorities are not overlooked. This Federal
Register notice clarifies that state, tribal, and local governments
all play critical roles in implementing this initiative.
See additional discussion on the role of states in implementing
the initiative under ``What is the role of the states and local
[[Page 48868]]
government?'' and ``What is the Role of the Federal Agencies?''
Benefits to Non-Designated Rivers
Respondents were curious about what benefits will go to non-
designated rivers. The initiative provides benefits to all people
working to revitalize their rivers. See additional discussion under
``Benefits to Applicants Who Submit Complete Nomination Packets''
and ``Improved Services Available to All Communities.''
Role of the River Navigator
Some respondents stated that the River Navigator would be of
great help to the community; others focused on the possibility that
this individual would hold too much power, would add a layer of
bureaucracy, and/or would not represent the community's wishes.
These issues have been clarified in this Federal Register notice.
The River Navigator will not be given any new authority over local
zoning or local land use decisions. When American Heritage Rivers
are selected, members of the relevant communities will have the
opportunity to help shape the specific duties of their River
Navigator and have a role in choosing one Navigator from several
candidates. Although the Administration believes that River
Navigators will be extremely helpful, no community will be required
to accept a River Navigator. See additional discussion under
``Benefits of Designation,'' subsection ``River Navigator.''
Private Property Concerns
Many wrote in with concerns about private property rights. While
existing laws and programs will continue to apply, the American
Heritage Rivers initiative, in and of itself, will have no effect on
private property rights. However, several new directives concerning
protection of property rights were included in the Federal Register
notice. See additional discussion under ``What is the Role of the
Federal Agencies?'' and ``Protection for Private Property and Other
Rights.''
Nomination and Selection Process
Many respondents questioned how rivers would be nominated. The
term ``river community'' was confusing to many people. They sought
clarification on which groups composed a ``river community'' and the
extent of community support needed for a nomination. Of particular
concern was that a group of people who lived outside the ``river
community'' could successfully nominate a river without the support
of the people who relied on the river for their livelihood or
recreation.
Only those people who live or work in the proposed area may
nominate their river. However, people representing all interests
should be involved in the process. See discussion under ``Summary of
American Heritage Rivers Initiative'' and ``How do communities
nominate a river and who may apply?''
Respondents showed considerable interest in particular rivers
being designated. As of September 12, 1997, no nominations have been
solicited or accepted and no rivers have been selected. Nomination
packets are now available. The nomination period will be open from
September 11 to December 10. The President will announce the
selected rivers in early 1998. See more detailed discussion under
``How do communities nominate a river and who may apply?'' and ``How
will rivers be selected?''
Public Involvement in the Design of the Initiative
Respondents sought information on when and how the public has
played a role in designing the initiative. Extensive public
involvement has been a cornerstone of the initiative from the
beginning. See discussion under ``How the initiative was
developed.''
[FR Doc. 97-24774 Filed 9-16-97; 8:45 am]
BILLING CODE 3125-01-M
