[Federal Register Volume 68, Number 28 (Tuesday, February 11, 2003)]
[Notices]
[Pages 6987-6996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3325]


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VALLES CALDERA TRUST


National Environmental Policy Act (NEPA) Procedures of the Valles 
Caldera Trust for the Valles Caldera National Preserve

AGENCY: Valles Caldera Trust.

ACTION: Notice of proposed procedures to implement NEPA and request for 
comments.

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SUMMARY: The Board of Trustees of the Valles Caldera Trust proposes to 
adopt procedures for implementation of National Environmental Policy 
Act (NEPA) to aid the overall management and public use of the Valles 
Caldera National Preserve. The NEPA procedures for the Trust are 
intended to supplement federal NEPA procedures of the Council on 
Environmental Quality (CEQ) found at 40 CFR part 1500 through 1508 and 
adopted by the Board of Trustees on August 8, 2001. The final NEPA 
procedures of the Trust are to be maintained by the Trust and will be 
readily available to the public. It is anticipated that as experience 
is gained in the implementation of the Trust's NEPA procedures, 
appropriate improvements will be proposed. Notice of the adoption of 
final NEPA procedures will be published in the Federal Register. The 
proposed procedures will apply to the fullest extent practicable to 
analyses and documents begun before adoption of the final procedures by 
the Board of Trustees of the Valles Caldera Trust.

DATES: Written comments should be submitted by March 31, 2003.

ADDRESSES: Please submit comments to Gary Ziehe, Executive Director, 
Valles Caldera Trust, 2201 Trinity Drive, Suite C, Los Alamos, NM 
87544. Comments can be emailed to: [email protected].

FOR FURTHER INFORMATION CONTACT: Gary Ziehe, Executive Director, Valles 
Caldera Trust, 2201 Trinity Drive, Suite C, Los Alamos, NM 87544. 
Telephone: (505) 661-3333

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Valles Caldera Preservation Act, Public Law 106-248, (the Act) 
created the Valles Caldera Trust (the Trust), a wholly owned government 
corporation, to manage the newly created Valles Caldera National 
Preserve (the Preserve, formerly the Baca Ranch). The Trust assumed 
responsibility for managing the lands and resources of the Preserve on 
August 2, 2002. The Preserve includes approximately 89,000 acres in 
north-central New Mexico, comprising the majority of the 1860 land 
grant known as the Baca Location No. 1. A nine-member Board of Trustees 
governs the Trust and the Executive Director oversees management of the 
Trust and the Preserve.
    The Act established the Preserve to protect and preserve the 
scientific, scenic, geologic, watershed, fish, wildlife, historic, 
cultural, and recreational values of the Preserve, and to provide for 
multiple use and sustained yield of renewable resources within the 
Preserve. Under the Act, the Trust will operate the Preserve as a 
working ranch, consistent with these previously listed purposes. The 
Trust will develop a plan to achieve a financially self-sustaining 
operation within 15 years.
    The Trust seeks to institutionalize an adaptive management regime 
for actions it authorizes on the Preserve. These procedures are 
proposed to integrate the planning, implementation, and monitoring 
activities of the Trust into a systematic process that will provide 
transparency in decisionmaking, flexibility in implementation, a strong 
emphasis on the monitoring of outcomes, and an open opportunity for 
public input into the system.

II. Legislative History of the Trust

    (a) A unique experiment in managing public land. The Valles Caldera 
National Preserve is a unique experiment in the administration of 
public land. Public Law 106-248 authorizing creation of the Preserve 
established several findings and purposes for the management of the 
Preserve.

    Congress finds that:

[[Page 6988]]

    (1) The Baca ranch comprises most of the Valles Caldera in 
central New Mexico, and constitutes a unique landmass, with 
significant scientific, cultural, historic, recreational, 
ecological, wildlife, fisheries, and productive values;
    (2) The Valles Caldera is a large resurgent lava dome with 
potential geothermal activity;
    (3) The land comprising the Baca ranch was originally granted to 
the heirs of Don Luis Maria Cabeza de Vaca in 1860;
    (4) Historical evidence, in the form of old logging camps and 
other artifacts, and the history of territorial New Mexico indicate 
the importance of this land over many generations for domesticated 
livestock production and timber supply;
    (5) The careful husbandry of the Baca ranch by the current 
owners, including selective timbering, limited grazing and hunting, 
and the use of prescribed fire, have preserved a mix of healthy 
range and timber land with significant species diversity, thereby 
serving as a model for sustainable land development and use;
    (6) The Baca ranch's natural beauty and abundant resources, and 
its proximity to large municipal populations, could provide numerous 
recreational opportunities for hiking, fishing, camping, cross-
country skiing, and hunting;
    (7) The Forest Service documented the scenic and natural values 
of the Baca ranch in its 1993 study entitled `Report on the Study of 
the Baca Location No. 1, Santa Fe National Forest, New Mexico', as 
directed by Public Law 101-556;
    (8) The Baca ranch can be protected for current and future 
generations by continued operation as a working ranch under a unique 
management regime which would protect the land and resource values 
of the property and surrounding ecosystem while allowing and 
providing for the ranch to eventually become financially self-
sustaining;
    (9) The current owners have indicated that they wish to sell the 
Baca ranch, creating an opportunity for Federal acquisition and 
public access and enjoyment of these lands;
    (10) Certain features on the Baca ranch have historical and 
religious significance to Native Americans which can be preserved 
and protected through Federal acquisition of the property;
    (11) The unique nature of the Valles Caldera and the potential 
uses of its resources with different resulting impacts warrant a 
management regime uniquely capable of developing an operational 
program for appropriate preservation and development of the land and 
resources of the Baca ranch in the interest of the public;
    (12) An experimental management regime should be provided by the 
establishment of a Trust capable of using new methods of public land 
management that may prove to be cost-effective and environmentally 
sensitive; and
    (13) The Secretary may promote more efficient management of the 
Valles Caldera and the watershed of the Santa Clara Creek through 
the assignment of purchase rights of such watershed to the Pueblo of 
Santa Clara.

    (b) Purposes for management of the Preserve. The Act established 
five purposes for the management of the Preserve:
    (1) To authorize Federal acquisition of the Baca ranch;
    (2) To protect and preserve for future generations the scientific, 
scenic, historic, and natural values of the Baca ranch, including 
rivers and ecosystems and archaeological, geological, and cultural 
resources;
    (3) To provide opportunities for public recreation;
    (4) To establish a demonstration area for an experimental 
management regime adapted to this unique property which incorporates 
elements of public and private administration in order to promote long 
term financial sustainability consistent with the other purposes 
enumerated in this subsection; and
    (5) To provide for sustained yield management of Baca ranch for 
timber production and domesticated livestock grazing insofar as is 
consistent with the other purposes stated in the Act.
    (c) Management of the Preserve. A nine-member Board of Trustees 
appointed by the President is to oversee management of the Preserve and 
establish operating principles. The Trust is a wholly owned government 
corporation known as the Valles Caldera Trust. The Trust is empowered 
to conduct business in the State of New Mexico and elsewhere in the 
United States in furtherance of its corporate purposes and possess all 
necessary and proper powers for the exercise of the authorities vested 
in it. The Trust is to:
    (1) Provide management and administrative services for the 
Preserve;
    (2) Establish and implement management policies which will best 
achieve the purposes and requirements of this title;
    (3) Receive and collect funds from private and public sources and 
to make dispositions in support of the management and administration of 
the Preserve; and
    (4) Cooperate with Federal, State, and local governmental units, 
and with Indian tribes and Pueblos, to further the purposes for which 
the Preserve was established.

III. Transition to Implementation of NEPA Procedures

    During the consideration of the proposed procedures described here 
and prior to adoption of final procedures, the Trust will undertake 
appropriate management actions for the administration of the Valles 
Caldera National Preserve. Actions that may have environmental 
consequences within the Preserve will undergo appropriate environmental 
review following CEQ regulations as adopted by the Trust. The Trust 
will follow the proposed procedures in the development of proposed 
actions and decisions. Following the adoption of final procedures, the 
Trust will make appropriate revisions in accordance with the final 
procedures to any proposed actions on which a final decision has not 
been made.

IV. Proposed Procedures for Management of the Preserve

    In furthering the intent of Congress and to clarify the operating 
principles of the Trust, it is necessary and appropriate to establish 
procedures for the consideration of pending management actions of the 
Trust and implementation of the NEPA. The following proposed procedures 
are intended to effectively and efficiently implement the principles of 
the NEPA and create a collaborative working relationship among the 
Trust and tribal governments, citizens, and federal, state, and local 
authorities. A section-by-section description of the proposed 
procedures follows.
    100 Title. This section displays the title of the proposed 
procedures with its numbering system beginning with 100.
    100.1 Authority. This section lists the federal authorities from 
which the proposed procedures are developed.
    100.2 Purpose. The purpose of the proposed procedures is displayed 
in paragraphs (a) to (d). It is important to note that the proposed 
procedures are intended to amplify Congressional intent to provide 
innovative ways to implement effective and efficient management of the 
Preserve. The proposed procedures are intended to integrate NEPA with 
the planning and decisionmaking of the Trust, make NEPA more useful to 
decisionmakers and the public, and ensure that environmental 
information is readily available before, during, and after decisions 
are made. The proposed procedures are intended to supplement 
government-wide NEPA procedures found at 40 CFR 1500-1508. The 
government-wide, NEPA procedures were adopted by the Board of Trustees 
on August 8, 2001.
    101 Integration of NEPA with Planning and Decisionmaking of the 
Trust. Sections 101.1 to 101.10 describe the process proposed for 
integrating NEPA with the planning and decisionmaking of the Trust. In 
presenting this proposal, it is useful to describe the proposed 
planning and decisionmaking envisioned by the Trust, as well as 
specific references to the integration of NEPA procedures.

[[Page 6989]]

Each of the sections of the proposed procedures is described below.
    101.1 Purposes and Principles. Paragraph (a) references the 
findings of Congress regarding the purposes and principles for 
management of the Preserve. The comprehensive management of the 
Preserve called for in the enabling legislation, is to be achieved 
through the delegated authorities of the Board of Trustees. The 
Responsible Official is the person who has the delegated authority to 
plan and make decisions as authorized by the Board. In the absence of 
delegation, the Chair of the Board is the Responsible Official.
    Paragraph (b) emphasizes the vital role of citizens in the overall 
management, use, and enjoyment of the Preserve. The monitoring and 
evaluation of on-the-ground stewardship actions by citizens and the 
Trust provide the basis for the consideration of future stewardship 
actions.
    The vital role of monitoring and considering new information among 
the Trust and the public is emphasized in paragraph (c).
    Paragraph (d) presents the 10 guiding principles for management of 
the Preserve adopted by the Board on December 13, 2001. These 
principles are intended to guide the consideration of all proposed 
stewardship actions and the evaluation of outcomes. Noteworthy, is the 
recognition that the whole of the Preserve is greater than the sum of 
the parts. The stewardship actions implemented within the Preserve are 
intended to complement the whole of the Preserve and enhance the unique 
character of the Preserve envisioned by the Congress and enjoyed by the 
occasional or frequent visitor.
    101.2 Terminology. This section of the proposed procedures lists 16 
terms and their meanings as they are used throughout the text. It is 
important to review these terms and their meanings to ensure that they 
are understood in the context of the proposed procedures. It is 
intended that these terms are to be used consistently by the Board, 
staff of the Trust, and citizens involved in the planning and 
decisionmaking of the Trust.
    101.3 Overall Procedures. In paragraphs (a) to (e) of this section, 
the overall procedures for integrating NEPA within the planning and 
decisionmaking of the Trust are presented. Paragraph (a) points out 
that comprehensive management of the Preserve is achieved through 
strategic guidance adopted by the Board and through the selection and 
implementation of appropriate stewardship actions. As described in 
section 101.4 of the proposed procedures, stewardship actions may be 
site-specific actions as well as broader, planning-related goals, 
objectives, and performance requirements that set the stage for future 
stewardship actions. It is the intent of the Trust to maintain open and 
collaborative working relationships with all government and private 
parties interested in the Preserve. Positive working relationships are 
envisioned during the consideration, implementation, and monitoring of 
stewardship actions. The paragraph concludes with a statement that the 
information regarding a stewardship action is available to the public 
in accordance with applicable law.
    Paragraph (b) establishes a standard that a clear statement of the 
purpose and need for each stewardship action must accompany the 
proposal for action by the Responsible Official. This requirement is 
made to ensure that each proposed stewardship action has a clear 
explanation of why it is necessary.
    Paragraph (c) states that the Responsible Official, based on public 
comments or other reasons, may prepare an environmental document to 
improve understanding of a proposal before making an implementing 
decision. For many stewardship actions, an environmental document is 
required. The requirements related to the evaluation of stewardships 
action and the preparation of the appropriate environmental documents 
are described section 101.5 of the proposed procedures.
    It is stated in paragraph (c) that the outcomes of implemented 
stewardship actions are monitored to provide information to aid future 
choices, consistent with the principles of adaptive management. 
``Adaptive management,'' though not described in the section 101.2, 
Terminology, is the preferred means for managing complex natural 
systems, builds on learning based on common sense, experience, 
experimentation, and monitoring results. Practices within the Preserve 
are to be adjusted based on what is learned. It is the intent of the 
Trust to respond positively to change. Through adaptive management, the 
Trust's focus is on accelerated learning and adapting through 
partnerships based on finding common ground where managers, scientists, 
and citizens learn together to create and maintain sustainable 
ecosystems. Learning in the achievement of sustainable ecosystems 
requires an array of strategies and partnerships of managers and 
citizens working directly with scientists to provide a holistic view of 
desired conditions and positive, creative responses to change. Through 
adaptive management, the Trust will provide for multiple use and 
sustained yield of renewable resources of the Preserve. A requirement 
to prepare a concise account of the systematic review of monitored 
outcomes along with review of other information is described in general 
terms in paragraph (d). This summary of monitored outcomes provides the 
technical and scientific basis for the development and subsequent 
revision of the comprehensive management program described in section 
101.8, Preparing and Approving the Comprehensive Management Program.
    Section 101.3 of the proposed procedures concludes with paragraph 
(e) which is a statement describing the ongoing review of monitored 
outcomes and interpretation of information to guide current and future 
stewardship actions. The overall procedures are intended to efficiently 
and effectively achieve the goals of the Trust and NEPA and eliminate 
unnecessary or redundant paperwork.
    101.4 Proposing a Stewardship Action and Following its Progress. 
Paragraphs (a) to (d) describe how a stewardship action is proposed for 
consideration and the requirements that must be followed. Paragraph (a) 
states that the Responsible Official may propose a stewardship action 
at any time. However, each stewardship action must be accompanied by a 
clear statement of its purpose and need and recorded in a stewardship 
register. The required items of a stewardship register are displayed in 
Exhibit I. If the Board approves consideration of a proposed 
stewardship action, the stewardship register will be made available to 
the public through appropriate media as soon as practicable and 
throughout the process, leading either to termination of the proposal 
or to an implementing decision.
    If the Board is proposing a stewardship action for the Preserve as 
an element of stewardship guidance, the Chair of the Board is the 
Responsible Official and must evaluate the proposal and follow the 
procedures in section 101.5, Evaluating a Stewardship Action. This 
requirement is proposed to ensure that all actions that may have a 
significant effect on the Preserve are considered through the 
environmental review procedures of the Trust. It is important to note 
that each stewardship action proposed by the Board must contain a goal, 
objective, and performance requirement. The Board may have previously 
adopted one or more of these three required items prior

[[Page 6990]]

to proposing a particular stewardship action. Because of the 
relationship of goals to objectives and relevant performance 
requirements, the adoption of one or more of the three required items 
cannot be proposed without the identification of each in a proposed 
stewardship action. The consideration of a stewardship action as an 
element of strategic guidance by the Board must be documented in a 
stewardship register as described in Exhibit I.
    Paragraph (b) states that the public and government officials have 
many opportunities to review the activities of the Trust and may be 
asked to comment on a proposed stewardship action. If comments are 
requested and received within the dates specified, the Responsible 
Official must consider the comments before making an implementing 
decision. In keeping with the intent of the Trust to maintain open and 
collaborative working relationships, comments from the public or 
government officials may include a wide variety of media including, but 
not limited to, personal discussion, written text, photos, or 
electronic communication.
    The procedures for amending and keeping the stewardship registers 
current are described in paragraph (c). The Trust staff responsible for 
any entry in a stewardship register must record their name and the date 
of entry to provide an accurate record. The Trust staff may prepare 
additional documents or electronic media to manage activities 
associated with one or more stewardship actions and other matters 
related to administration of the Preserve. These additional documents 
are intended to aid in the planning, execution, and general management 
of Trust activities.
    Section 101.4 concludes with paragraph (d) that states that the 
Executive Director of the Trust is responsible for the overall review 
of agency NEPA compliance and preparation of any necessary 
environmental documents.
    101.5 Evaluating a Stewardship Action. This section and the three 
that follow, sections 101.51 to 101.53, describe the procedures the 
Responsible Official must follow in considering the environmental 
effects of a proposed stewardship action. Section 101.5 in paragraphs 
(a) through (c) describes how the Responsible Official determines which 
environmental document is appropriate to aid in consideration of a 
proposed stewardship action. Paragraph (a) specifies that the 
Responsible Official must consider the environmental consequences of 
the proposed stewardship action and the preparation of an environmental 
document before making an implementing decision.
    Paragraph (b) points out that the Responsible Official may, in the 
absence of extraordinary circumstances, make an implementing decision 
without the preparation of an environmental document for proposed 
stewardship actions that do not individually or cumulatively have a 
significant effect on the human environment.
    Paragraph (c) states that if a stewardship action is not within a 
category of exclusion, the Responsible Official must prepare an 
environmental document (an environmental assessment, finding of no 
significant impact, notice of intent, or environmental impact 
statement) before an implementing decision can be made. The following 
sections, 101.51 to 101.53, describe the environmental impact 
statement, environmental assessment, and finding of no significant 
impact. Procedures for the preparation of a notice of intent to prepare 
an environmental impact statement are described in CEQ regulations at 
40 CFR 1501.7.
    101.51 Environmental Impact Statement. This section in paragraphs 
(a), (b), and (c) describes when the Responsible Official must prepare 
an environmental impact statement before making an implementing 
decision for a proposed stewardship action. In paragraph (a) the 
content and procedures for the preparation of an environmental impact 
statement are referenced to 40 CFR part 1502. An environmental impact 
statement must be prepared if the outcome of a proposed stewardship 
action is known or suspected to create a significant effect on the 
human environment or if it is otherwise desirable to prepare a 
statement. If the Responsible Official knows or suspects that 
implementation of a stewardship action may have a significant impact on 
the human environment, an environmental impact statement must be 
prepared.
    Paragraph (b) states that an implementing decision for one or more 
stewardship actions described in an environmental impact statement must 
be documented in a record of decision. Except for special circumstances 
outlined in CEQ regulations at 40 CFR 1506.10(d), 1506.11, and 
1502.9(c), a record of decision cannot be signed by the Responsible 
Official until 30 after the final environmental impact statement is 
made available to the public by the Environmental Protection Agency. 
The environmental impact statement and record of decision is appended 
by reference to one or more appropriate stewardship registers.
    Paragraph (c) specifies when an environmental impact statement must 
be prepared. An environmental impact statement is normally required for 
the following implementing decisions:
    (1) Adoption of one or more stewardship actions that guide or 
prescribe alternative uses of the Preserve upon which future 
stewardship actions will be based that may be significant as described 
in 40 CFR 1508.27;
    (2) Construction and operation of a visitor center with associated 
public access to the Preserve; and
    (3) Activities or groups of activities within one or more 
stewardship actions that are anticipated to create outcomes that may be 
significant as described in 40 CFR 1508.27. Examples are listed for 
(c)(1) and (3) in the proposed procedures. The implementing decisions 
described in (c)(1) are typically referred to as ``planning-related 
decisions''. These decisions, elements of strategic guidance (101.2), 
typically do not undertake specific actions on the ground, except for 
those that may modify one or more ongoing stewardship actions. 
Stewardship actions by the Board are critical choices in setting the 
stage, the expectations and bounds, for future stewardship actions. 
These decisions are intended to follow the portrayal of federal actions 
that guide or prescribe alternative uses of federal resources upon 
which future agency action will be based as described in CEQ 
regulations at 40 CFR 1508.18(b)(2). Many people regard these planning-
related decisions and their potentially significant consequences as 
paramount factors in the effective stewardship of natural resources. It 
is appropriate to consider the effects of these decisions before their 
adoption by the Board.
    101.52 Environmental Assessment. This section, in paragraphs (a) 
through (d), describes the format for preparation of an environmental 
assessment. Paragraph (e) lists the types of implementing decisions 
that are anticipated to have environmental assessments prepared to aid 
their consideration by the Responsible Official and the public.
    Paragraph (a) states that an environmental assessment is prepared 
by the Responsible Official to aid in determining whether to prepare an 
environmental impact statement, to prepare a finding of no significant 
impact, to otherwise aid compliance with NEPA, or to facilitate 
preparation of an environmental impact statement when one is necessary. 
This is an

[[Page 6991]]

important aspect of NEPA procedures that is often overlooked or not 
well understood. The environmental assessment is a systematic means to 
review the consequences of a proposed stewardship action, consider 
reasonable alternatives to the proposal, and evaluate the overall 
consequences. Often, through public comment, dialog, and study of the 
proposal, substantial improvements can be identified.
    Paragraph (b) describes a very useful method the Trust is proposing 
to reduce unwanted paperwork and improve overall effectiveness. The 
environmental assessment of one or more stewardship actions is combined 
with one or more relevant stewardship registers to create a concise 
document or set of documents that describe one or more stewardship 
actions and alternatives that meet the identified purpose and need. The 
environmental analysis of the proposed stewardship action and 
alternatives is appended to or integrated with one or more stewardship 
registers (40 CFR 1506.4).
    The following paragraph, (c), describes a very important principle 
guiding the environmental review of a proposal. The purpose of the 
appended or integrated information is to study, develop, and describe 
appropriate alternatives to recommended courses of action in any 
proposal, which involves unresolved conflicts concerning alternative 
uses of available resources. The preceding sentence, similar to section 
102 (E) of NEPA, is the basis for developing alternative means to meet 
the identified purpose and need for a proposed stewardship action. It 
is anticipated that the public will play a vital role in aiding the 
Trust in identifying reasonable alternatives to proposals. Paragraph 
(d) states that the combined document includes a brief discussion of 
the purpose and need for the proposal, of alternatives, of the 
environmental impacts of the proposal and alternatives, and a listing 
of agencies and persons consulted. It is anticipated that the 
integration of these four items within the stewardship register will 
provide a very efficient and effective means to accomplish and record 
appropriate environmental reviews.
    Section 101.52 concludes with paragraph (e) that describes the 
types of implementing decisions that are normally accompanied by an 
environmental assessment.
    101.53 Finding of No Significant Impact. This section of the 
proposed procedures in paragraphs (a) and (b) describes the preparation 
and documentation of a finding that, based on the information in an 
environmental assessment, the Responsible Official determines that the 
proposed stewardship action will not have a significant impact on the 
human environment. Paragraph (a) states. If, based on the information 
in the combined document (101.52(d)), the Responsible Official 
determines that the environmental consequences of the proposal will not 
have a significant effect on the human environment, the finding and 
reasons for it must be stated in a finding of no significant impact.
    Paragraph (b) describes the content of a finding of no significant 
impact by stating that a finding of no significant impact is combined 
with the stewardship register and environmental assessment. The 
paragraph and section concludes with a statement that if such a finding 
cannot be made, or it is otherwise desirable, the Responsible Official 
may cancel, modify, or postpone the proposal while additional 
information is made available, or issue a notice of intent that an 
environmental impact statement will be prepared and considered.
    Paragraphs (c) and (d) describe the content of a finding of no 
significant impact and procedures for public review.
    The section concludes with paragraph (e) that is a requirement that 
the Responsible Official must use the factors of ``significantly'' as 
defined in 40 CFR 1508.27 for the determination that a proposal will 
have no significant effect on the human environment.
    101.6 Categorical Exclusions. The categories of stewardship actions 
that may be excluded from the preparation of an environmental document 
are listed in this section.
    101.7 Public Involvement. The procedures for engaging the public in 
the consideration of a proposed stewardship action are presented in 
paragraphs (a) through (e) of this section. Paragraph (a) states. 
Opportunities for the public to provide input and maintain a dialogue 
with the Trust regarding a proposed stewardship action may be triggered 
by a combination of notice through appropriate media, public meetings, 
targeted outreach, agency consultation, scoping, and public review of 
relevant documents.
    Paragraph (b) states that the Trust will identify the appropriate 
stages during the consideration of a proposed stewardship action and 
for specific forms of public review and input to the Responsible 
Official. For stewardship actions involving natural and cultural 
resources on the Preserve, the Responsible Official will notify the 
public that the stewardship action is being proposed, and that a 
stewardship register is available for review. The Trust will take into 
account public input received at this stage of the proposal to help 
determine the appropriate goals, objectives, and performance 
requirements that will guide further development of the proposed 
stewardship action.
    Paragraph (c) explains that the public's reaction to a proposed 
stewardship action will be critical in planning for the appropriate 
level of public involvement throughout the rest of the NEPA process. 
The public's reaction will also help determine the extent to which the 
Trust develops alternatives to the proposed action.
    Paragraph (d) has the requirement that all proposed stewardship 
actions involving the lands, resources, and facilities of the Preserve 
will require authorization by the Board of Trustees at a public 
meeting, during which public comments will be considered and recorded.
    The section concludes with paragraph (e) that states that the Trust 
will provide a reasonable time period for public review and comment 
upon the completion of an environmental assessment, unless the 
Responsible Official determines that:
    (1) Emergency circumstances exist requiring immediate 
implementation of the proposed action; or
    (2) Based on public input earlier in the process, the level of 
public interest does not warrant a comment period.
    101.8 Making and Recording an Implementing Decision. This section 
of the proposed procedures contains three requirements in paragraphs 
(a), (b), and (c) regarding making and recording an implementing 
decision for a proposed stewardship action. The section begins with 
paragraph (a) that states the Responsible Official may make an 
implementing decision to authorize a stewardship action after 
completion of 101.5 and compliance with the listed conditions.
    Paragraph (b) requires signature of the Responsible Official and 
date of the implementing decision.
    Paragraph (c) has a provision for making minor corrections or 
adjustments to stewardship actions to improve efficiency, correct minor 
errors, or otherwise improve performance.
    101.9 Monitoring Outcomes and Considering New Information. This 
section describes the steps necessary to ensure that new information is 
considered and, if relevant to on-going or planned stewardship actions, 
appropriately acted upon by the Responsible Official. Paragraph (a) 
requires that the Responsible Official

[[Page 6992]]

must evaluate each monitored outcome identified in the stewardship 
register. As information from monitoring is obtained and interpreted, 
conclusions are to be recorded in the appropriate stewardship register 
by the responsible Trust staff.
    Paragraph (b) is a requirement to consider new information and the 
influence that information may have upon ongoing or completed 
stewardship actions.
    101.10 Preparing and Approving the Comprehensive Management 
Program.
    This is the final section of the proposed procedures. In paragraphs 
(a) to (c), this section describes the content, preparation, and 
approval of the comprehensive management program for the Preserve. The 
comprehensive management program is intended to provide an easy to use 
record of the management of the Preserve and a readily available 
reference for interested citizens. Paragraph (a) states that the 
comprehensive management program summarizes monitored outcomes, 
describes past and ongoing stewardship actions of the Preserve, and 
displays the strategic guidance for the Preserve adopted by the Board 
of Trustees. The comprehensive management program provides a basis for 
determining the cumulative effects of the management of the Preserve 
and provides convenient public communication of accomplishments and 
desired outcomes.
    Paragraph (b) has the requirement that a comprehensive management 
program must be prepared by the Responsible Official two years after 
the Trust assumes management responsibility of the Preserve, 
thereafter, it must be reviewed and appropriately updated at least once 
every five years or when appropriate as determined by the Board of 
Trustees.
    The section concludes in paragraph (c) with a requirement that upon 
completion by the Responsible Official, the comprehensive management 
program must be reviewed and approved by the Board of Trustees or 
returned to the Responsible Official for additional preparation.

Valles Caldera Trust--National Environmental Policy Act Procedures for 
the Valles Caldera National Preserve

Contents

100 Authority and Purpose

100.1 Authority
100.2 Purpose

101 Integration of NEPA with Planning and Decisionmaking of the Trust

101.1 Purposes and Principles
101.2 Terminology
101.3 Overall Procedures
101.4 Proposing a Stewardship Action and Following its Progress
101.5 Evaluating a Stewardship Action
101.51 Environmental Impact Statement
101.52 Environmental Assessment
101.53 Finding of No Significant Impact
101.6 Categorical Exclusions
101.7 Public Involvement
101.8 Making and Recording an Implementing Decision
101.9 Monitoring Outcomes and Considering New Information
101.10 Preparing and Approving the Comprehensive Management Program

100 Authority and Purpose

    100.1 Authority. The National Environmental Policy Act of 1969 
(NEPA), Pub. L. 91-190, the Environmental Quality Improvement Act of 
1970, as amended (42 U.S.C. 4371 et seq.), sec. 309 of the Clean Air 
Act, as amended (42 U.S.C. 7609), E.O. 11514, Mar. 5, 1970, as amended 
by E.O. 11991, May 24, 1977, CEQ regulations at 40 CFR Parts 1500 
though 1508, and The Valles Caldera Preservation Act, Pub. L. 106-248.
    100.2 Purpose. To implement the comprehensive program for the 
management of the lands, resources, and facilities of the Valles 
Caldera National Preserve and achieve the purposes of NEPA, it is 
necessary and appropriate to establish these procedures. It is the 
intent of the Trust and managers of the Preserve to:
    (a) Integrate the principles and requirements of NEPA with the 
planning and decisionmaking processes of the Trust;
    (b) Implement these procedures to make the NEPA process more useful 
to decisionmakers and citizens by eliminating unwanted paperwork and 
utilizing a wide variety of means to gain understanding of the human 
environment and natural resources of the Preserve and communicate this 
to the public;
    (c) Ensure that environmental information is readily available in a 
variety of useful forms to decisionmakers and citizens before decisions 
are made, and ensure that environmental information is utilized to 
guide adaptive management during and after actions are taken; and
    (d) Adopt these procedures in supplement to the regulations at 40 
CFR parts 1500 through 1508, referred to as the CEQ regulations for 
implementing the procedural provisions of the NEPA.

101 Integration of NEPA With Planning and Decisionmaking of the Trust

    101.1 Purposes and Principles.
    (a) The findings of Congress (Public Law 106-248, Title I, 
section102) describe the unique character of the Valles Caldera. The 
purposes for management of the Preserve and the management authorities 
of the Valles Caldera Trust are described in Title I, section 105 and 
section 106 of Public Law 106-248. The comprehensive management of the 
lands, resources, and facilities of the Preserve is achieved through 
stewardship actions authorized by the Trust's Board of Trustees.
    (b) Citizens play a vital role in the overall management, use, and 
enjoyment of the Preserve.
    (c) Monitoring and evaluation of stewardship actions, research, and 
detailed studies provide the public and the Trust with the basis for 
adapting future stewardship actions to achieve the goals of the Trust 
and the requirements of NEPA.
    (d) Stewardship of the Preserve addresses all programs of the 
Preserve with the recognition that the whole is greater than the sum of 
the parts. Management of the Preserve is guided by the following values 
of the Trust and vision adopted by Board of Trustees on December 13, 
2001:
    (1) We will administer the Preserve with the long view in mind, 
directing our efforts toward the benefit of future generations;
    (2) Recognizing that the Preserve imparts a rich sense of place and 
qualities not to be found anywhere else, we commit ourselves to the 
protection of its ecological, cultural, and aesthetic integrity;
    (3) We will strive to achieve a high level of integrity in our 
stewardship of the lands, programs, and other assets in our care. This 
includes adopting an ethic of financial thrift and discipline and 
exercising good business sense;
    (4) We will exercise restraint in the implementation of all 
programs, basing them on sound science and adjusting them consistent 
with the principles of adaptive management;
    (5) Recognizing the unique heritage of northern New Mexico's 
traditional cultures, we will be a good neighbor to surrounding 
communities, striving to avoid negative impacts from Preserve 
activities and to generate positive impacts;
    (6) Recognizing the religious significance of the Preserve to 
Native Americans, the Trust bears a special responsibility to 
accommodate the religious practices of nearby tribes and pueblos, and 
to protect sites of special significance;
    (7) Recognizing the importance of clear and open communication, we 
commit ourselves to maintaining a productive dialogue with those who 
would advance the purposes of the

[[Page 6993]]

Preserve and, where appropriate, to developing partnerships with them;
    (8) Recognizing that the Preserve is part of a larger ecological 
whole, we will cooperate with adjacent landowners and managers to 
achieve a healthy regional ecosystem;
    (9) Recognizing the great potential of the Preserve for learning 
and inspiration, we will strive to integrate opportunities for 
research, reflection and education in the programs of the Preserve; and
    (10) In providing opportunities to the public we will emphasize 
quality of experience over quantity of experiences. In so doing, while 
we reserve the right to limit participation or to maximize revenue in 
certain instances, we commit ourselves to providing fair and affordable 
access for all permitted activities.
    101.2 Terminology.
    Comprehensive management program. ``Comprehensive management 
program'' means the document or set of documents describing the 
comprehensive program for the management of the lands, resources, and 
facilities of the Preserve that includes all stewardship registers, a 
summary of monitored outcomes, and the strategic guidance adopted by 
the Board of Trustees.
    Environmental documents. ``Environmental documents'' include the 
documents specified in 40 CFR 1508.9 (environmental assessment), 
1508.11 (environmental impact statement), 1508.13 (finding of no 
significant impact), and 1508.22 (notice of intent).
    Extraordinary circumstances. ``Extraordinary circumstances'' means 
conditions associated with a stewardship action that is normally 
categorically excluded and recognized as likely to create one or more 
outcomes that may significantly affect the human environment.
    Goal. ``Goal'' means a desirable condition of the Preserve sought 
by the Responsible Official and/or a desirable condition as described 
in Public Law 106-248 or within the values and vision adopted by the 
Trust (101.1(d)).
    Finding of no significant impact. ``Finding of no significant 
impact'' means a document by a Federal agency briefly presenting the 
reasons why an action, not otherwise excluded (40 CFR 1508.4), will not 
have a significant effect on the human environment and for which an 
environmental impact statement therefore will not be prepared. It shall 
include the environmental assessment or a summary of it and shall note 
any other environmental documents related to it (40 CFR 1501.7(a)(5)). 
If the assessment is included, the finding need not repeat any of the 
discussion in the assessment but may incorporate it by reference (40 
CFR 1508.13).
    Implementing decision. ``Implementing decision'' means the 
authorization by the Responsible Official to implement or adopt one or 
more stewardship actions.
    Monitored outcome. ``Monitored outcome'' means the short-, mid-, or 
long-term outcome selected for systematic evaluation.
    Objective. ``Objective'' means the desired outcome that can be 
meaningfully evaluated by location and timing within the Preserve.
    Outcome. ``Outcome'' means the result or consequence of a 
stewardship action that can be meaningfully evaluated by location and 
time of occurrence. For purposes of these procedures, this term has the 
same meaning as impact or effect. For convenience in communication, 
``outcomes'' may be beneficial or detrimental, and are grouped from 
their date of origin considering their anticipated duration as: short-
term, anticipated to occur over 0 to 3 years; mid-term, anticipated to 
occur over 3 to 10 years; and long-term, anticipated to occur for 10 
years or longer.
    Performance requirement. ``Performance requirement'' means the 
limitation placed on the implementation of a stewardship action 
necessary for compliance with applicable laws, regulations, standards, 
mitigating measures, or generally accepted practices.
    Purpose and need. ``Purpose and need'' means a concise explanation 
why a stewardship action is being proposed.
    Responsible Official. ``Responsible Official'' means the official 
of the Trust with authority delegated by the Board of Trustees to make 
an implementing decision and, in the absence of delegation, the Chair 
of the Board of Trustees.
    Stewardship action. ``Stewardship action'' means:
    (a) An activity or group of activities associated with the Preserve 
consisting of at least one goal, objective, and performance requirement 
proposed or implemented by the Responsible Official; or
    (b) An element of strategic guidance for the Preserve consisting of 
at least one goal, objective, and performance requirement proposed or 
adopted by the Board of Trustees.
    Stewardship register. ``Stewardship register'' means a concise 
document available to the public and readily amended and/or appended 
over time depicting the location, development, implementation, and 
monitoring of a stewardship action.
    Strategic guidance. ``Strategic guidance'' means adoption by the 
Board of Trustees of one or more of the following elements:
    (a) One or more goals for all or a portion of the Preserve;
    (b) Direction to consider one or more stewardship actions or an 
administrative matter related to the operation of the Preserve; or
    (c) One or more stewardship actions.
    Summary of monitored outcomes. ``Summary of monitored outcomes'' 
means a concise account of the systematic review of monitored outcomes 
based on interpretive information from, but not limited to, 
observations, studies, public comment, research investigations, natural 
resources data or information summaries, and other sources to provide 
the technical and scientific basis for considering the cumulative 
effects of the past, present, and reasonably future actions of the 
Trust.
    101.3 Overall Procedures.
    (a) The Trust achieves comprehensive management of the Preserve by 
adopting strategic guidance and selecting and implementing appropriate 
stewardship actions. It is the intent of the Trust to maintain open and 
collaborative working relationships among all interested and affected 
citizens, Tribal governments, federal and state agencies, and others 
during the consideration, implementation, and monitoring of all 
stewardship actions. Information regarding stewardship actions is 
recorded within stewardship registers that are available to the public 
in accordance with applicable law.
    (b) The Responsible Official, as authorized by the Board of 
Trustees, may propose a stewardship action only if it is accompanied by 
a clear statement of its purpose and need.
    (c) Based on the known or suspected outcomes of a stewardship 
action, or for other reasons, the Responsible Official may prepare an 
environmental document to improve understanding and to assist in making 
an implementing decision. The outcomes of implemented stewardship 
actions are monitored to aid future choices, consistent with the 
principles of adaptive management.
    (d) The Responsible Official must prepare a summary of monitored 
outcomes at least once every five years beginning on August 2, 2002. 
The summary of monitored outcomes provides the technical and scientific 
basis for the comprehensive management program of the Preserve.

[[Page 6994]]

    (e) The on-going review of monitored outcomes, public dialog, and 
the interpretation of evolving natural and social environments aids the 
Trust and others in the consideration of the purpose and need for 
necessary and appropriate stewardship actions within the Preserve. The 
overall procedures are intended to efficiently and effectively achieve 
the goals of the Trust and NEPA and eliminate unnecessary or redundant 
paperwork.
    101.4 Proposing a Stewardship Action and Following Its Progress.
    (a) When a stewardship action is proposed and its purpose and need 
is described by the Responsible Official and authorized for continued 
consideration by the Board of Trustees, the stewardship register 
(Exhibit I) will be made available to the public through appropriate 
media as soon as practicable and throughout the process, leading either 
to termination of the proposal or to an implementing decision. The 
stewardship register will also, as relevant, contain information 
regarding completion of the stewardship action and monitoring of one or 
more outcomes.
    (b) The public and government officials are provided many 
opportunities to review the activities of the Trust and may be 
requested by the Responsible Official to comment on a proposed 
stewardship action, its purpose and need, and/or anticipated outcomes. 
If comments are requested and received within the dates specified, the 
Responsible Official must consider the comments before making an 
implementing decision.
    (c) As information in the stewardship register is amended and/or 
appended, the date and nature of the change to the stewardship register 
and name of the person transcribing the amended or appended information 
must be recorded to provide an accurate record. The Trust may prepare 
and use documents or appropriate electronic media depicting 
administrative operations to aid the planning, execution, and record 
keeping of stewardship actions or for other purposes.
    (d) To further the purposes of the Trust and NEPA, the Executive 
Director of the Trust is responsible for overall review of agency NEPA 
compliance and preparation of any necessary environmental documents.
    101.5 Evaluating a Stewardship Action.
    (a) To aid in the understanding of the purpose and need and/or the 
anticipated outcome of a pending stewardship action, the Responsible 
Official must consider the environmental consequences of the 
stewardship action and the preparation of an environmental document 
before making an implementing decision.
    (b) The Responsible Official, in the absence of extraordinary 
circumstances, may make an implementing decision without the 
preparation of an environmental document for those stewardship actions 
that do not individually or cumulatively have a significant effect on 
the human environment and which have been found to have no such effect.
    (c) If a stewardship action is not within a categorical exclusion 
listed in 101.6, an environmental document must be prepared and 
considered before the Responsible Official can make an implementing 
decision.
    101.51 Environmental Impact Statement.
    (a) The Responsible Official must prepare and consider an 
environmental impact statement as described in 40 CFR part 1502 if the 
outcome of a proposed stewardship action may create a significant 
impact on the human environment or it is otherwise desirable.
    (b) An implementing decision for one or more stewardship actions 
under review in an environmental impact statement must be documented in 
a record of decision. Except for special circumstances described in CEQ 
regulations at 40 CFR 1506.10(d), 1506.11, and 1502.9(c), a record of 
decision cannot be signed by the Responsible Official until 30 days 
after the final environmental impact statement is made available to the 
public by the Environmental Protection Agency. The final environmental 
impact statement and record of decision, if completed, is appended by 
reference to one or more appropriate stewardship registers.
    (c) An environmental impact statement is normally required for the 
following implementing decisions:
    (1) Adoption of one or more stewardship actions that guide or 
prescribe alternative uses of the Preserve upon which future 
stewardship actions will be based that may be significant as described 
in 40 CFR 1508.27. Examples of these implementing decisions include, 
but are not limited to, the adoption of goals, objectives, and 
performance requirements by the Board of Trustees for programs of:
    (A) Long-term grazing for livestock over most or all of the 
Preserve;
    (B) Long-term general public access and recreation over most or all 
of the Preserve; and
    (C) Long-term active management of forests and forest-related 
products over most or all of the forested land within the Preserve.
    (2) Construction and operation of a visitor center with associated 
public access to the Preserve; and
    (3) Activities or groups of activities within one or more 
stewardship actions that are anticipated to create outcomes that may be 
significant as described in 40 CFR 1508.27. Examples include, but are 
not limited to, an implementing decision by the Responsible Official 
for activities and groups of activities associated with the 
implementation of:
    (A) Long-term grazing for livestock over most or all of the 
Preserve;
    (B) Long-term general public access and recreation over most or all 
of the Preserve; and
    (C) Long-term active management of forests and forest-related 
products over most or all of the forested land within the Preserve.
    101.52 Environmental Assessment.
    (a) An environmental assessment is prepared by the Responsible 
Official to aid in determining whether to prepare an environmental 
impact statement, to prepare a finding of no significant impact, to 
otherwise aid compliance with NEPA, or to facilitate preparation of an 
environmental impact statement when one is necessary.
    (b) The environmental assessment of one or more stewardship actions 
is combined with one or more relevant stewardship registers to create a 
concise document or set of documents that describe one or more 
stewardship actions and alternatives that meet the identified purpose 
and need. The environmental analysis of the proposed stewardship action 
and alternatives is appended to or integrated with one or more 
stewardship registers (40 CFR 1506.4).
    (c) The purpose of the appended or integrated information is to 
study, develop, and describe appropriate alternatives to recommended 
courses of action in any proposal, which involves unresolved conflicts 
concerning alternative uses of available resources.
    (d) The combined document includes a brief discussion of the 
purpose and need for the proposal, of alternatives, of the 
environmental impacts of the proposal and alternatives, and a listing 
of agencies and persons consulted.
    (e) The following stewardship actions within the Preserve and 
authorized by the Responsible Official in an implementing decision are 
normally accompanied by an environmental assessment:
    (1) Establishing or substantively revising a program or policy for 
the permitting of seasonal or short-term backcountry recreation or 
special use

[[Page 6995]]

actions which could potentially result in greater than incidental 
ground disturbing activities;
    (2) Establishing an integrated program of scientific investigations 
utilizing land, resources, and facilities of the Preserve where the 
effects of performing the investigations within the Preserve are 
anticipated to be short-term and minor in scope;
    (3) Livestock management actions utilizing land, resources, and 
facilities of the Preserve, defined in location and time, the effects 
of which are anticipated to be short-term and minor in scope.
    (4) Forest treatments, which may include the removal of trees or 
managed fire, designed to establish or enhance stand characteristic 
trends toward or into an historic range of variability affecting a 
clearly defined segment of the forested land or a specified forest type 
within the Preserve; and
    (5) Reconstruction, repair, and use of roadways and trails, and 
construction of minor trail segments within the Preserve which are not 
anticipated to significantly alter the magnitude and frequency of 
anticipated use.
    101.53 Finding of No Significant Impact.
    (a) If, based on the information in the combined document 
(101.52(d)), the Responsible Official determines that the environmental 
consequences of the proposal will not have a significant effect on the 
human environment, the finding and reasons for it must be stated in a 
finding of no significant impact (FONSI).
    (b) A FONSI is combined with the stewardship register and 
environmental assessment. If such a finding cannot be made, or it is 
otherwise desirable, the Responsible Official may cancel, modify, or 
postpone the proposal while additional information is made available, 
or issue a notice of intent that an environmental impact statement will 
be prepared and considered.
    (c) The FONSI itself need not be detailed, but must succinctly 
state the reason for deciding that the action will have no significant 
environmental effects, and, if relevant, must show which factors were 
weighted most heavily in the determination. In addition to this 
statement, the FONSI must include or attach and incorporate by 
reference, the environmental assessment.
    (d) The Responsible Official may seek public review of a FONSI 
before making an implementing decision. In some circumstances, the 
Responsible Official must make the FONSI available for public review 
(including state and area-wide clearinghouses) for 30 days before the 
Responsible Official makes a final determination whether to prepare an 
environmental impact statement and before the action may begin. The 
circumstances are:
    (1) The proposed action is, or is closely similar to, one, which 
normally requires the preparation of an environmental impact statement 
under the Trust's procedures; or
    (2) The nature of the proposed action is one without precedent.
    (e) The Responsible Official must use the factors of 
``significantly'' as described in 40 CFR 1508.27 for the determination 
that a proposal will have no significant impact on the human 
environment.
    101.6 Categorical Exclusions.
    The Responsible Official may undertake the following stewardship 
actions, in the absence of extraordinary circumstances, without 
preparation of an environmental document:
    (a) Policy development, planning and implementation which relate to 
routine activities, such as personnel, organizational changes, record 
management, internal communications, financial management, or similar 
administrative functions;
    (b) Orders issued to provide short-term resource protection or to 
protect public health and safety;
    (c) Location and maintenance of landline boundaries and geographic 
sites;
    (d) Routine repair and maintenance of facilities and administrative 
sites including, but not limited to, buildings, fences, water systems, 
roads, trails, signs, and ancillary facilities associated with the 
administration and management of the Preserve, or the installation, 
routine repair and maintenance of a removable communication facility of 
not more than 250 square feet, the primary purpose of which is to 
facilitate communication associated with the administration and 
management of the Preserve;
    (e) Use and care for horses or other stock for administrative 
purposes that are clearly limited in context and intensity;
    (f) Repair and maintenance of recreation sites;
    (g) Reconstruction or maintenance of utilities within a designated 
corridor;
    (h) Inventories, research activities, and studies, such as resource 
inventories and routine data collection when such actions are clearly 
limited in context and intensity;
    (i) Implementation or modification of minor management practices to 
improve range conditions and/or animal distribution;
    (j) Treatment of forest structure and fuel conditions for the 
purpose of reducing the hazard of large, stand-replacing crown fires in 
areas where such high severity fires are outside an historic range of 
variability. Projects under this category are limited to an aggregate 
area of no more than 640 acres in a calendar year, and may involve 
prescribed fire and/or the cutting of live trees, the diameter of which 
will be:
    (1) No larger than nine inches diameter at breast height; or
    (2) Determined by publicly available site-specific size class 
information used to define an appropriate diameter and basal area 
distribution of trees to be removed;
    (k) Removal of brush or hazard trees near roads or buildings, where 
such action is necessary to protect historic structures or the health 
and safety of the public and/or employees, and when such action is 
clearly limited in context and intensity; and
    (l) Permitting of seasonal or short-term backcountry recreation or 
special use actions that do not result in more than incidental ground 
disturbing activities.
    101.7 Public Involvement.
    (a) Opportunities for the public to provide input and maintain a 
dialogue with the Trust regarding a proposed stewardship action may be 
triggered by a combination of notice through appropriate media, public 
meetings, targeted outreach, agency consultation, scoping, and public 
review of relevant documents.
    (b) In the preparation of a stewardship register, the Trust will 
identify the appropriate stages during the process leading up to a 
decision, and if the decision is to go forward with an action, the 
implementation of that decision, where specific forms of public review 
and input will be most useful and informative to the Responsible 
Official.
    (1) For stewardship actions involving natural and cultural 
resources on the Preserve, the Responsible Official will notify the 
public that the stewardship action is being proposed, and that a 
stewardship register is available for review.
    (2) The Trust will take into account public input received at this 
stage of the proposal to help determine the appropriate goals, 
objectives, and performance requirements that will guide further 
development of the proposed stewardship action.
    (c) The public's reaction to a proposed stewardship action will be 
critical in planning for the appropriate level of public involvement 
throughout the rest of the NEPA process. The public's reaction will 
also help determine the

[[Page 6996]]

extent to which the Trust develops alternatives to the proposed action.
    (d) All proposed stewardship actions involving the management of 
the lands, resources, and facilities of the Preserve will require 
authorization by the Board of Trustees at a public meeting, during 
which public comments will be considered and recorded.
    (e) The Trust will provide a reasonable time period for public 
review and comment upon the completion of an environmental assessment, 
unless the Responsible Official determines that:
    (1) Emergency circumstances exist requiring immediate 
implementation of the proposed action; or
    (2) Based on public input earlier in the process, the level of 
public interest does not warrant a comment period.
    101.8 Making and Recording an Implementing Decision.
    (a) The Responsible Official may make an implementing decision to 
authorize a stewardship action after completion of 101.5, if and only 
if:
    (1) The available information regarding the purpose and need for 
the proposal and the anticipated outcomes are suitable; and
    (2) At least one monitored outcome is identified in the stewardship 
register.
    (b) The implementing decision must be recorded in the stewardship 
register by signature of the Responsible Official and dated.
    (c) After an implementing decision for one or more stewardship 
actions is made, minor corrections or adjustments to the stewardship 
action to improve efficiency, correct minor errors, or otherwise 
improve performance may be made by the responsible Trust staff, if and 
only if:
    (1) The corrections or adjustments do not significantly alter the 
nature or extent of the stewardship action or its goals, objectives, or 
performance requirements;
    (2) The anticipated consequences of the stewardship action remain 
essentially the same as those described in the relevant environmental 
documents; and
    (3) Such minor corrections or adjustments are recorded in the 
appropriate stewardship register as described in 101.4(c).
    101.9 Monitoring Outcomes and Considering New Information.
    (a) The Responsible Official must evaluate each monitored outcome 
identified in the stewardship register. As information from monitoring 
is obtained and interpreted, conclusions are to be recorded in the 
appropriate stewardship register by the responsible Trust staff.
    (b) If, based on monitoring conclusions or other new information 
available to the Responsible Official, the observed outcomes of 
stewardship actions described in one or more stewardship registers as 
amended and/or appended differ significantly from those anticipated or 
if new information has a meaningful bearing on the anticipated 
consequences of one or more stewardship actions, the Responsible 
Official must consider such information and:
    (1) Consider the preparation or supplementation of an environmental 
document as described in 101.5 and CEQ regulations;
    (2) If appropriate, propose a stewardship action and/or continue, 
modify, or terminate one or more stewardship actions as described in 
101.4; and
    (3) Appropriately, amend and/or append the stewardship register to 
incorporate the new information and/or change to the stewardship action 
or description of consequences in the relevant appended environmental 
document.
    101.10 Preparing and Approving the Comprehensive Management 
Program.
    (a) The comprehensive management program summarizes monitored 
outcomes, describes past and ongoing stewardship actions of the 
Preserve, and displays the strategic guidance for the Preserve adopted 
by the Board of Trustees. The comprehensive management program provides 
a basis for determining the cumulative effects of the management of the 
Preserve and provides convenient public communication of 
accomplishments and desired outcomes.
    (b) A comprehensive management program must be prepared by the 
Responsible Official two years after the Trust assumes management 
responsibility of the Preserve, thereafter, it must be reviewed and 
appropriately updated at least once every five years or when 
appropriate as determined by the Board of Trustees.
    (c) Upon completion by the Responsible Official, the comprehensive 
management program must be reviewed and approved by the Board of 
Trustees or returned to the Responsible Official for additional 
preparation.

Exhibit I-- Stewardship Register

    Descriptive name of Stewardship Action:
    File Number:
    Target Start Date:
    Actual Start Date:
    Target Completion Date:
    Actual Completion Date:
    Location: Identify the location of the stewardship action in the 
Preserve in a readily accessible and understandable form.
    Purpose and Need: Concisely explain why the stewardship action is 
proposed.
    Description: Describe the stewardship action and, through 
appropriate media, describe the related physical, biological, social, 
and/or economic environment.
    Goal: Identify the goal(s) sought by adoption or implementation of 
the stewardship action.
    Objective: Describe the desired outcome of the stewardship action 
in measurable terms including, but not limited to, anticipated 
quantity, location, and timing.
    Performance Requirements: List the performance requirements needed 
to guide or limit resource use in accomplishment of the objective. A 
checklist may be used.
    Append Environmental Document, if applicable.
    Agencies and Persons Consulted:
    Signature of Responsible Official
    Date Authorized
    Monitored Outcomes: List one or more outcomes that will be 
meaningfully evaluated after implementation of the stewardship action. 
Describe the nature, size, and location of each monitored outcome 
anticipated to occur in the short-, mid-, and/or long-term.
    Evaluation of Monitoring Information: As information from 
monitoring is evaluated, describe conclusions and any new information 
as guided by 101.7(b).

    Dated: February 5, 2003.
William deBuys,
Chairman, Valles Caldera Trust.
[FR Doc. 03-3325 Filed 2-10-03; 8:45 am]
BILLING CODE 3410-11-P