[Federal Register: March 25, 2010 (Volume 75, Number =
57)]
[Notices] =20
[Page 14419-14421]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr10-29] =20
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DEPARTMENT OF AGRICULTURE
Forest Service
=20
Camp Tatiyee Land Exchange on the Lakeside Ranger District of the=20
Apache-Sitgreaves National Forests; Santa Catalina, Nogales, Safford,=20
and Douglas Ranger Districts of the Coronado National Forest; Bradshaw=20
Ranger District of the Prescott National Forest; Cave Creek, Tonto=20
Basin, and Pleasant Valley Ranger Districts of the Tonto National=20
Forest
AGENCY: Forest Service, USDA.
ACTION: Notice of intent to prepare an environmental impact statement.
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SUMMARY: In accordance with the National Environmental Policy Act of=20
1969 (NEPA), 42 U.S.C. 4321-4370d, as implemented by the Council on=20
Environmental Quality Regulations, 40 CFR Part 1500-1508, the USDA=20
Forest Service, Apache-Sitgreaves National Forests (ASNFs) (lead=20
forest), will prepare an Environmental Impact Statement (EIS) on a=20
proposal to transfer one 344.06 acre parcel of Federal land on the=20
ASNFs into private ownership, and 16 parcels totaling 1,719.32 acres of=20
private land into Federal ownership. The land proposed for the transfer=20
to the Forest Service includes one 110.57 acre parcel to the ASNFs;=20
nine parcels totaling 1153.31 acres to the Coronado National Forest=20
(CNF); one 11.15 parcel to the Prescott National Forest (PNF); and five=20
parcels totaling 444.42 acres to the Tonto National Forest (TNF). The=20
proposed land exchange would be between the Lawyer's Title Company,=20
which holds the private land in trust for the benefit of the Lions=20
Foundation of Arizona (LFA) and BC2 LLC, and the Apache-Sitgreaves,=20
Coronado, Prescott, and Tonto National Forests in Central and Southern=20
Arizona.
The EIS will analyze the proposed change of the Federal lands=20
(344.06 ac.) for the non-Federal lands (1,719.32 ac.). The Federal and=20
non-Federal lands proposed for exchange are located in Navajo, Cochise,=20
Pima, Santa Cruz, Graham, Maricopa, Gila, and Yavapai Counties,=20
Arizona. The affected Forest Service units are the Lakeside Ranger=20
District of the ASNFs; Santa Catalina, Nogales, Safford, and Douglas=20
Ranger Districts of the CNF; Bradshaw Ranger District of the PNF; Cave=20
Creek, Tonto Basin, and the Pleasant Valley Ranger Districts in TNF.=20
Implementation of the proposed exchange is scheduled for December 2011.=20
The Forest Service invites written comments and suggestions on the=20
scope of the environmental analysis for the EIS from Federal, State,=20
and local agencies, tribes, and other individuals or organizations that=20
may be interested in or affected by the proposed action. The ASNFs=20
Forest Supervisor also invites the public to participate in the=20
environmental analysis and decision-making process for the proposed=20
exchange of lands.
DATES: Comments concerning the scope of the analysis are requested by=20
May 14, 2010. The draft EIS is expected to be filed with the=20
Environmental Protection Agency (EPA) and available for public review=20
in early 2011; the final EIS is scheduled for completion in late 2011.
ADDRESSES: You may request to be placed on the project mailing list or=20
you may direct questions, written comments and suggestions to Edward W.=20
Collins, District Ranger, Lakeside Ranger District, Apache-Sitgreaves=20
National Forests, c/o TEC Inc., 514 Via de la Valle, Ste. 308, Solana=20
Beach, CA 92075, or by facsimile to (858) 509-3158. The office hours=20
for those submitting hand-delivered comments are 8-4:30 local time=20
Monday through Friday, excluding holidays. Hand-delivery comments=20
should be brought to the Lakeside Ranger District, Apache-Sitgreaves=20
National Forests, 2022 W. White Mountain Boulevard, Lakeside, AZ 85929.
Provide Oral Comments to: The Apache-Sitgreaves National Forests,=20
Lakeside Ranger District during normal business hours via telephone=20
(928) 368-2100, or in person, or at an official Agency function (e.g.,=20
a public meeting) that is designed to solicit public comments.
Provide Electronic Comments to: comment=
s-southwestern-apache-
sitgreaves@fs.fed.us. Electronic comments must be submitted in a =
format=20
such as an e-mail message, plain text (.txt), rich text format (.rtf)=20
and Microsoft Word (.doc). The subject line must contain the name of=20
the project for which you are submitting comments (i.e. Camp Tatiyee=20
Land Exchange). Comments must have an identifiable name attached or=20
verification of identity will be required. A scanned signature may=20
serve as verification on electronic comments. It is important that=20
reviewers provide their comments at such times and in such a way that=20
they are useful
[[Page 14420]]
to the Agency's preparation of the EIS. Therefore, comments should be=20
provided prior to the close of the comment period and should clearly=20
articulate the reviewer's concerns and contentions. The submission of=20
timely and specific comments can affect a reviewer's ability to=20
participate in subsequent administrative or judicial review.
Comments received in response to this solicitation, including names=20
and addresses of those who comment, will become part of the public=20
record for this proposed action. Comments submitted anonymously will be=20
accepted and considered; however, anonymous comments will not provide=20
the respondent with standing to participate in subsequent=20
administrative or judicial review.
FOR FURTHER INFORMATION CONTACT: Edward Collins, District Ranger,=20
Lakeside Ranger District, Apache-Sitgreaves National Forests, 2022 W.=20
White Mountain Blvd., Lakeside, AZ 85929, (928) 368-2100. Individuals=20
who use telecommunication devices for the deaf (TDD) may call either=20
the Federal Information Relay Service (FIRS) at 1-800-877-8339 between=20
8 a.m. and 8 p.m., Eastern Time, Monday through Friday, or the Lakeside=20
Ranger District TTY (928) 368-5088 between the hours of 8 a.m. and 4=20
p.m., Pacific Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Action
The proposal to exchange lands in the Apache-Sitgreaves, Coronado,=20
Tonto, and Prescott National Forests responds to the Forest Service's=20
need for consolidation of Federal land ownership patterns and the need=20
to enhance management of the public's natural resources. There is a=20
need to acquire lands that (1) protect habitat for several threatened,=20
endangered, and sensitive species; (2) facilitate public access to=20
Federal lands; (3) improve wetlands, floodplains, and riparian areas;=20
(4) decrease the complexity of maintaining property boundaries; and (5)=20
improve the efficiency of resource management by focusing the Forests'=20
funding and staff on consolidated ownerships.
The non-Federal lands would provide additional federally managed=20
habitat for wildlife and plant species. The consolidation of public=20
land ownership would result in a reduction in mixed ownership patterns.=20
The elimination of numerous miles of common Federal/private landline=20
boundaries and controlling land survey corners would contribute to=20
increased management efficiency and a reduction in future=20
administrative costs. Forest Service administration of over a dozen=20
special use permits (SUPs) on the Federal land would no longer be=20
necessary. Possible future residential/subdivision development on the=20
private inholdings would be eliminated. On a Forest Service-wide basis,=20
there could be a net gain of 1,375.26 acres of land that would be=20
available for public outdoor recreation uses.
Proposed Action
The Forest Service is proposing a land-for-land exchange that would=20
result in federal acquisition of approximately 1,719.32 acres of non-
Federal lands in the Coronado National Forest, Prescott National=20
Forest, Apache-Sitgreaves National Forest, and Tonto National Forest.=20
Approximately 344.06 acres of Federal land would be conveyed within the=20
incorporated town of Pinetop-Lakeside, Arizona from the ASNFs.
The conveyance of the Federal land would increase the number of=20
acres of private land within the Town of Pinetop-Lakeside by 344.06=20
acres while eliminating one of the last isolated Forest Service parcels=20
in the town. The land would continue to be used for existing youth=20
organization camps with the remainder being available for future=20
development within the town of Pinetop-Lakeside in accordance with=20
local zoning ordinances.
The proposed exchange would be with LFA and BC2 LLC, through=20
Lawyers Title Company, as Trustee, under authority of the General=20
Exchange Act of March 20, 1922; the Federal Land Policy and Management=20
Act of 1976 (FLPMA), as amended; and the Federal Land Exchange=20
Facilitation Act of August 20, 1988.
The proposed exchange of lands would not require an amendment to=20
the ASNFs Land and Resource Management Plan. Pursuant to the=20
regulations for land exchanges (36 CFR 254.3(f)): ``Lands acquired by=20
exchange that are located within areas having an administrative=20
designation established through the land management planning process=20
shall automatically become part of the area within which they are=20
located, without further action by the Forest Service, and shall be=20
managed in accordance with the laws, rules, and regulations, and land=20
and resource management plan applicable to such area.''
Background
In 1997, the LFA, through its representative, Page Land & Cattle =
Co., proposed to exchange private land for the National Forest System=20
(Federal) land where their Camp Tatiyee youth organization camp which=20
is authorized by a SUP. LFA proceeded to acquire non-Federal properties=20
in the PNF, ASNFs and TNF and presented the ASNFs with their proposal=20
for the Camp Tatiyee Land Exchange on June 13, 2000. A September 5,=20
2003 preliminary value analysis concluded that the estimated value of=20
the Federal land exceeded that of the offered non-Federal lands and=20
that LFA would need to acquire additional properties for the proposed=20
exchange to proceed. On December 1, 2005, Page Land & Cattle Co.=20
submitted a revised proposal, which included a number of additional=20
parcels previously associated with the Cote Land Exchange on the CNF.
A Value Consultation for the proposed land exchange was completed=20
on May 9, 2007, and is documented in a Feasibility Analysis that was=20
approved by the Acting Director of Lands & Minerals, USDA Forest=20
Service, Southwestern Region, on August 9, 2007. The Value Consultation=20
associated with the feasibility analysis concluded that the proposed=20
land exchange is in compliance with the equal value requirement of the=20
FLPMA, as amended. An Agreement to Initiate the Camp Tatiyee Land=20
Exchange was executed by the Acting Director of Lands & Minerals, =
USDA=20
Forest Service, Southwestern Region, on October 1, 2007. As required by=20
36 CFR 254.8, the Notice of Exchange Proposal (NOEP) was published in=20
the Arizona Daily Star, Tucson Citizen, the Tribune, Payson Roundup,=20
Courier, and White Mountain Independent for four consecutive weeks from=20
November 5, 2007 to November 27, 2007.
Possible Alternatives
A full range of alternatives to the proposed action, including a=20
no-action alternative, will be considered during the environmental=20
analysis and will be discussed in the EIS. The no-action alternative=20
represents no change from the current pattern of land ownership, and it=20
serves as the baseline for the comparison among the action=20
alternatives.
Responsible Official
The Responsible Official is the Regional Forester, Southwestern=20
Region. The Responsible Official will review all issues, alternatives,=20
and environmental consequences associated with the analysis; consider=20
all public comments and responses; and comply with all policies,=20
regulations, and laws in making a decision regarding the proposed=20
exchange of lands documented in the final EIS for the Camp Tatiyee Land=20
Exchange. The
[[Page 14421]]
Responsible Official will document his decision and rationale for the=20
decision in a Record of Decision. The Responsible Official's decision=20
will be subject to public notice, review, comment, and appeal under the=20
Forest Service Regulations for Notice, Comment, and Appeal Procedures=20
for National Forest System projects and Activities at 36 CFR part 215=20
and 36 CFR part 251.
Nature of Decision To Be Made
The Forest Service will determine if the lands to be exchanged are=20
desirable, in the public interest, and suitable for inclusion in the=20
National Forest System. Land exchanges are discretionary, voluntary=20
real estate transactions between the Federal and non-Federal parties.
The exchange can only be completed after the authorized officer=20
determines that the exchanges meets the requirements at 36 CFR=20
254.3(b): (2)(i) The resource values and the public objectives served=20
by non-Federal lands and interests to be acquired are equal to or=20
exceed the resource values and public objectives served by the Federal=20
lands to be disposed, and (ii) the intended use of the disposed Federal=20
lands will not substantially conflict with established management=20
objectives on adjacent Federal lands, including Indian Trust Lands.=20
Lands will be exchanged on a value for value basis, based on fair=20
market value appraisals. The appraisal is prepared in accordance with=20
the Uniform Appraisal Standards of Professional Appraisal Practice and=20
the Uniform Appraisal Standards for Federal Land Acquisition. The=20
appraisal prepared for the land exchange is reviewed by a qualified=20
review appraiser to ensure that it is fair and complies with the=20
appropriate standards. Under the FLPMA, all exchanges must be equal in=20
value. Forest Service regulations at 36 CFR 254.3(c) require that=20
exchanges must be of equal value or equalized pursuant to 36 CFR 254.12=20
by cash payment after making all reasonable efforts to equalize values=20
by adding or deleting lands. If lands proposed for exchange are not=20
equal in value, either party may make them equal by cash payment not to=20
exceed 25 percent of the Federal land value. A value consultation by=20
the Regional Appraiser on May 9, 2007 concluded that it appears that=20
the exchange is structured with flexibility to comply with the equal=20
value requirement of the FLMPA, as amended.
Preliminary Issues
An initial scoping letter dated October 30, 2007, was mailed to=20
adjacent landowners, potentially interested parties, and affected=20
special use permit holders who it was believed would have an interest=20
in or be affected by the project. The letter explained that interested=20
parties should access the ASNFs internet web site where they would find=20
a description of the lands being considered for exchange, the legal=20
descriptions of the parcels, and maps displaying their locations.=20
Comments were requested by December 15, 2007. Based upon the comments=20
received, and litigation stemming from other land exchange activities,=20
the Forest Service determined that an environmental assessment would be=20
insufficient for the NEPA process and an EIS would be required.
Preliminary issues identified include concerns over the loss of=20
opportunity for the continued use of the National Forest land for=20
wildlife viewing and recreation by residents living in the area=20
adjacent to the Federal parcel and concerns regarding the effect of=20
possible future development of the Federal parcel once conveyed into=20
private ownership.
Scoping Process
This notice of intent formally initiates the scoping process for=20
this EIS, which guides the development of the EIS. Scoping will include=20
notice in the ASNF's Quarterly Schedule of Proposed Actions;=20
distribution of letters to individuals, organizations, and agencies who=20
have previously indicated interest in the Camp Tatiyee Land Exchange;=20
communication with Tribal interests; and news releases in the Arizona=20
Republic (the regional newspaper of record), and the newspaper of=20
record each Forest's newspaper of record: The Arizona Daily Star=20
(Coronado), Daily Courier (Prescott), Arizona Capitol Times (Tonto),=20
and the White Mountain Independent (ASNFs) and to other papers serving=20
areas affected by this proposal: Tucson Citizen, Sierra Vista Herald,=20
Nogales International, Eastern Arizona Courier, East Valley Tribune and=20
Payson Roundup. Any news releases will also be distributed to other=20
local newspapers that serve areas affected by this proposal. A public=20
meeting is scheduled for Tuesday, April 13, 2010, from 3 p.m. to 7 p.m.=20
at the at the mess hall of Camp Tatiyee, 5283 White Mountain Boulevard,=20
Lakeside, Arizona 85929. This meeting and any future public meetings=20
will have a notice of time and location provided to newspapers that=20
serve areas affected by this proposal. The scoping process will include=20
identifying any key issues and previously unknown potential=20
environmental effects of the proposed action.
The comment period for the draft EIS will be 45 days from the date=20
the EPA publishes the notice of availability in the Federal Register.=20
At that time, copies of the draft EIS will be distributed to interested=20
and affected agencies, organizations, tribes, and members of the public=20
for their review and comment. It is important that those interested in=20
the management of the National Forests participate at that time.
Comments received in response to this solicitation, including names=20
and addresses of those who comment, will be considered part of the=20
public record of this proposed action and will be available for public=20
inspection. Comments submitted anonymously will be accepted and=20
considered; however, anonymous comments do not provide standing to=20
appeal any decision made under 36 CFR Part 215 and 36 CFR Part 251.=20
Additionally, pursuant to 7 CFR 1.27(d), any person may request the=20
agency to withhold a submission from the public record by showing how=20
the Freedom of Information (FOIA) permits such confidentiality. Persons=20
requesting such confidentiality should be aware that, under the FOIA,=20
confidentiality may be granted in only very limited circumstances, such=20
as to protect trade secrets. The Forest Service will inform the=20
requester of the agency's decision regarding the request for=20
confidentiality, and where the request is denied, the agency will=20
return the submission and notify the requester that the comments may be=20
resubmitted with or without name and address.
It is very important that those interested in this proposed action=20
participate by the close of the comment period so that substantive=20
comments and objections are made available to the Forest Service at a=20
time when it can meaningfully consider them and respond to them in the=20
final EIS. To assist the Forest Service in identifying and considering=20
issues and concerns on the proposed action, comments on the draft EIS=20
should be as specific as possible. Reviewers may wish to refer to the=20
Council on Environmental Quality Regulations for implementing the=20
procedural provisions of the NEPA at 40 CFR 1503.3 in addressing these=20
points.
Dated: March 19, 2010.
Chris Knopp,
Forest Supervisor.
[FR Doc. 2010-6589 Filed 3-24-10; 8:45 am]
BILLING CODE 3410-11-P