[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