[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]


-----------------------------------------------------------------------


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.

-----------------------------------------------------------------------

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]
BILLING CODE 3410-11-M