From: Subject: FR Doc 07-2958 Date: Sun, 17 Jun 2007 00:27:55 -0700 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/07-2958.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3138 FR Doc 07-2958 
[Federal Register: June 15, 2007 (Volume 72, Number 115)]
[Notices]              =20
[Page 33195-33196]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jn07-29]                        =20

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DEPARTMENT OF AGRICULTURE

Forest Service

=20
Settlement Land Transfers; Pueblo de San Ildefonso and Los Alamos=20
County, Santa Fe National Forest, Los Alamos County/Rio Arriba/Santa Fe=20
County, NM

AGENCY: Forest Service, USDA.

ACTION:  Notice of intent to prepare an environmental impact statement.

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SUMMARY: The US Forest Service (FS) will prepare an environmental=20
impact statement (EIS) on a proposed action that implements certain=20
aspects of the Pueblo de San Ildefonso Claims Settlement Act of 2005=20
(Pub. L. 109-186). Portions of the Act considered in this analysis=20
include mandated transfer of certain National Forest System lands to=20
the Pueblo de San Ildefonso (about 7,058 acres), the Pueblo of Santa=20
Clara (about 740 acres), and Los Alamos County (about 631 acres). Lands=20
would be conveyed in exchange for an appraised monetary value. The=20
legislation also requires the Forest Service to offer for purchase six=20
parcels of National Forest System lands to Los Alamos County near the=20
community (totaling about 324 acres), and to reconstruct Forest Road=20
(FR) 416v to a high-clearance, Level 2 standard. Although these=20
proposed actions have been mandated by the Act, the Santa Fe National=20
Forest will conduct a National Environmental Policy Act environmental=20
analysis to disclose the impacts of these actions, and to fully=20
describe any discretionary actions that may also be included as part of=20
the land transfers called for in the Act. However, under the Act,=20
discretion is limited. A map of the area is located at the following=20
Forest Service Web site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.ht=
ml&log=3Dlinklog&to=3Dhttp://www.fs.fed.us/r3/sfe/projects/.


DATES: Comments concerning the project must be received by July 10,=20
2007. The draft environmental impact statement is expected in September=20
2007 and the final environmental impact statement is expected in=20
November 2007.

ADDRESSES: Send written comments to Sandy Hurlocker, District Ranger,=20
US Forest Service, Espanola Ranger District, P.O. Box 3307, Espanola,=20
New Mexico 87533. Electronic mail (e-mail) may be sent to: 
comments-southwestern-santafe-espanola@fs.fed.us and FAX may be sent =
to (505)=20

753-9411.

FOR FURTHER INFORMATION CONTACT: Sandy Hurlocker, District Ranger,=20
Espanola, Espanola Ranger District, (505) 753-7331.

SUPPLEMENTARY INFORMATION:=20
    Background: On September 27, 2006, the Pueblo de San Ildefonso=20
Claims Settlement Act of 2005 was signed into law. The purpose of the=20
Act is to resolve title claims asserted against the United States by=20
the San Ildefonso Pueblo under the proceedings of the Indian Claims Act=20
(Docket No. 354). Other purposes of the Act related to this analysis=20
are (1) The authorization of the Pueblo to acquire and the Forest=20
Service to convey National Forest System lands as identified in the San=20
Ildefonso Settlement Agreement (Settlement Area Lands), and (2) the=20
authorization of the Secretary of Agriculture to convey other lands out=20
of the National Forest System in order to comply with an inter-Pueblo=20
agreement and the Los Alamos Agreement, which has been incorporated by=20
the San Ildefonso Settlement Agreement and ratified by the Act. These=20
additional lands include the Water System Lands, the Northern Tier=20
Lands (to be acquired by the Santa Clara Pueblo), and the Los Alamos=20
Townsite Lands.
    The Act provides that the Settlement Area Land and the Northern=20
Tier Lands shall be held by the Secretary of the Interior in trust for=20
the benefit of each Pueblo. Lands acquired by Los Alamos County as=20
Water System Lands become San Ildefonso Pueblo tribal lands if they=20
were no longer needed for Los Alamos County's water facilities. Most of=20
the Los Alamos Townsite lands are currently used for Los Alamos County=20
water facilities, including Los Alamos Reservoir and dam, as well as=20
water tanks. Except for the restrictions and reservations identified=20
above, the Secretary of Agriculture does not propose to place any=20
restrictions on future use of the Townsite lands, Settlement Area=20
lands, Water System lands, or Northern Tier lands.
    The Act also calls for reservation of a number of road easements to=20
assure public access to lands that would otherwise be inaccessible to=20
motorized vehicles once the conveyance takes place. For most of these=20
reservations, existing roads provide adequate access and so only an=20
administrative action is expected. However, as part of the Los Alamos=20
Agreement, road improvement work must be completed to improve public=20
access to the National Forest System lands adjoining the Settlement=20
Area Lands prior to conveyance. The Act allows for reconstruction of FR=20
416v to a high clearance, Level 2 to provide this access.
    Even though the Act requires these actions and so discretion is=20
limited, the Santa Fe National Forest will study and disclose in an=20
environmental impact statement the effects of the actions described in=20
the Act that relate to the Secretary of Agriculture's authority to=20
transfer lands and reconstruct Road 416v. Other actions to be=20
undertaken by the Department of Interior, the Pueblo de San Ildefonso,=20
or Los Alamos have not been included in the scope of this proposal=20
because they can be accomplished separately. A map of the area is=20
located at the following Forest Service Web site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.ht=
ml&log=3Dlinklog&to=3Dhttp://www.fs.fed.us/r3/sfe/projects/
.


Proposed Action

    The Santa Fe National Forest proposes the following:
     Convey the Settlement Area lands to the Pueblo de San=20
Ildefonso (approximately 7,058 acres) located in: Township 20 north,=20
Range 7 east, sections 19, 20, 21, 28, 29, 30, 31, 32, 33; and Township=20
19 north, Range 7 east, sections 4, 5, 6, 7, 8, 9; New Mexico Principal=20
Meridian.
     Convey the Water System lands to Los Alamos County=20
(approximately 631 acres) located in Township 20 north, Range 7 east,=20
section 31; Township 19 north, Range 7 east, sections 4, 5, 6, 7, 8, 9;=20
Township 19 north, Range 6 east, section 1; New Mexico Principal=20
Meridian.
     Convey the Northern Tier Lands to the Pueblo of Santa=20
Clara (approximately 740 acres) located in Township 20 north, Range 7=20
east, sections 17, 18; New Mexico Principal Meridian.
     Offer the conveyance the Los Alamos Townsite lands to Los=20
Alamos County. These six parcels total approximately 324 acres of=20
National

[[Page 33196]]

Forest System lands located in Township 19 north, Range 4 east, section=20
13; Township 19 north, Range 5 east, sections 3, 4, 5, 18; New Mexico=20
Principal Meridian.
     Reconstruct FR 416v to a high clearance, Level 2,=20
standard, following the existing route as much as practical.=20
Reconstruction will require grading, culvert placement, and possibly=20
relocation of short segments.
     Ancillary actions that may be implemented along with the=20
land transfers and road reconstruction. Examples include fence=20
construction along boundary lines and road closures where roads no=20
longer serve a purpose to the management of National Forests.
    Lead Agency: The USDA Forest Service (FS) is the lead agency.
    Responsible Official: The responsible Official is the Forest=20
Supervisor, Santa Fe National Forest 1474 Rodeo Road, P.O. Box 1689,=20
Santa Fe, NM 87504-1689.
    Decision Framework: The NEPA decision to be made is limited by the=20
Act. Transfer or offering for sale of lands is mandated. Reconstruction=20
of FR 416v is also mandated as an action that must be completed before=20
the land conveyance can occur. However, the Forest will evaluate=20
effects and develop mitigation measures and best management practices=20
to implement during the road reconstruction and, where applicable, in=20
the land conveyance.
    Scoping Process: The scoping process will include public meetings=20
and field reviews as necessary. Appropriate public involvement will=20
occur in May/June 2007 as initial scoping. Appropriate activities will=20
occur once the Draft EIS is available for review, which is expected to=20
occur in the summer of 2007.
    Preliminary Issues: Because the conveyance of land will not=20
significantly change the expected land use of the transferred lands, no=20
significant issues have been identified. Reconstruction of FR 416v has=20
the potential to affect known cultural resource sites located within=20
the existing roadway. Because the sites and road occupy land between a=20
canyon wall and steep ground, options to avoid these sites are limited,=20
and so data recovery is the likely method for mitigating impacts. No=20
threatened or endangered species--or Region 3 sensitive species--of=20
animal or plant are known in the project area. Likewise, no Region 3=20
sensitive species are known. Because the National Forest System lands=20
would be closed to the general public once conveyed to the Pueblos, a=20
change in recreational use patterns is likely. A closed pumice mine=20
exists on the land to be conveyed to the San IIdefonso Pueblo, with=20
reclamation underway. Any unfinished reclamation will pass to the=20
Secretary of Interior pursuant to the Act, Section 7(f).

Comment Requested

    This notice of intent initiates the scoping process that guides the=20
development of the environmental impact statement. The Forest Service=20
invites written comments and suggestions on the proposed action,=20
including any issues to consider, as well as any concerns relevant to=20
the analysis.
    Early Notice of Importance of Public Participation in Subsequent=20
Environmental Review: A draft environmental impact statement will be=20
prepared for comment. The comment period on the draft environmental=20
impact statement will be 45 days from the date the Environmental=20
Protection Agency publishes the notice of availability in the Federal=20
Register.
    The Forest Service believes, at this early stage, it is important=20
to give reviewers notice of several court rulings related to public=20
participation in the environmental review process. First, reviewers of=20
draft environmental impact statements must structure their=20
participation in the environmental review of the proposal so that it is=20
meaningful and alerts an agency to the reviewer's position and=20
contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519,=20
553 (1978). Also, environmental objections that could be raised at the=20
draft environmental impact statement stage but that are not raised=20
until after completion of the final environmental impact statement may=20
be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d=20
1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490=20
F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings,=20
it is very important that those interested in this proposed action=20
participate by the close of the 45-day comment period so that comments=20
and objections are made available to the Forest Service at a time when=20
it can meaningfully consider them and respond to them in the final=20
environmental impact statement. To assist the Forest Service in=20
identifying and considering issues and concerns on the proposed action,=20
comments on the draft environmental impact statement should be as=20
specific as possible. It is also helpful if comments refer to specific=20
pages or chapters of the draft statement. Comments may also address the=20
adequacy of the draft environmental impact statement or the merits of=20
the alternatives formulated and discussed in the statement. Reviewers=20
may wish to refer to the Council on Environmental Quality Regulations=20
for implementing the procedural provisions of the National=20
Environmental Policy Act at 40 CFR 1503.3 in addressing these points.

(Authority: 40 CFR 1501.7 and 1508.22; Forest Service Handbook=20
1909.15, Section 21)

    Dated: June 1, 2007.
Daniel J. Jiron,
Forest Supervisor, Santa Fe National Forest.
[FR Doc. 07-2958 Filed 6-12-07; 1:20 pm]

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