[Federal Register Volume 68, Number 137 (Thursday, July 17, 2003)]
[Notices]
[Pages 42460-42472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18080]


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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 final procedures to implement NEPA.

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

EFFECTIVE DATE: These procedures are effective on July 17, 2003.

ADDRESSES: Gary Ziehe, Executive Director, Valles Caldera Trust, 2201 
Trinity Drive, Suite C, Los Alamos, NM 87544. email: 
[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

    These NEPA procedures add direction to guide employees of the 
Valles Caldera Trust regarding requirements of the National 
Environmental Policy Act. The Council on Environmental Quality does not 
direct agencies to prepare a NEPA document before establishing agency 
procedures that supplement the CEQ regulations for implementing NEPA. 
Agency NEPA procedures are internal procedural guidance intended to 
assist agencies in the fulfillment of agency responsibilities under 
NEPA, but are not the agency's final determination of what level of 
NEPA analysis is required for a particular proposed action. The 
requirements for establishing agency NEPA procedures are set forth at 
40 CFR

[[Page 42461]]

1505.1 and 1507.3(b). The Valles Caldera Trust has provided an 
opportunity for public review and has consulted with the Council on 
Environmental Quality during the development of these procedures. The 
determination that establishing NEPA procedures does not require NEPA 
analysis and documentation has been upheld in Heartwood, Inc. v. U.S. 
Forest Service, 73 F. Supp. 2d 962, 947, 954-55 (7th Cir. 2000).
    Proposed NEPA procedures for the Valles Caldera Trust were 
published in the Federal Register of February 11, 2003 (Vol. 68, No. 
28). Comments were received from individuals and the Valles Caldera 
Coalition, Pueblo of Jemez, and Forest Guardians. The comments proved 
to be very helpful in identifying improvements in the proposed 
procedures. In general, requests were made to clarify the relationship 
of the Board of Trustees and the designation of the person responsible 
for the planning and implementation of activities within the Preserve. 
Requests were made to improve the description of the comprehensive 
program for management of the Preserve and the relationship of long-
term guidance, the consideration and selection of specific stewardship 
actions, and the monitoring of results. Also, many reviewers requested 
improvements in the use of terms in the proposed procedures and 
clarification of the conditions that warrant use of a categorical 
exclusion from the preparation of an environmental document. It is 
apparent that considerable thought and effort was devoted to review of 
the proposed procedures and comment for their improvement. A 16-page 
summary of the comments received and response by the Valles Caldera 
Trust is available at the Trust Office in Los Alamos, NM and at the 
Trust's web site.
    Reviewers requested that the procedures include a description of 
the Trust. 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 tract of land previously referred to as 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 operates the Preserve as a working 
ranch and is to plan to achieve a financially, self-sustaining 
operation within 15 years, consistent with the purposes of the Act.

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:
    (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

[[Page 42462]]

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. 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 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 procedures follows 
along with a brief account of the changes made in the proposed NEPA 
procedures based on the comments from reviewers.
    100 Title. This section displays the title of the procedures with 
its numbering system beginning at 100.
    100.1 Authority. This section lists the federal authorities from 
which the procedures are developed.
    100.2 Purpose. The purpose of the procedures is displayed in 
paragraphs (a) to (d). It is important to note that the procedures are 
intended to amplify Congressional intent to provide innovative ways to 
implement effective and efficient management of the Trust and the 
Preserve. The term ``program'' is removed from the procedures to more 
accurately describe Congressional intent and to reduce confusion in 
describing the overall management of the Preserve. The 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 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 for integrating 
NEPA with the planning and decisionmaking of the Trust. Each of the 
sections, 101.1 to 101.10, of the 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 achieved through 
strategic guidance and stewardship actions authorized by the Trust's 
Board of Trustees. The term ``strategic guidance'' is added to the 
description of how comprehensive management of the Preserve is 
achieved. Several reviewers asked for clarification of the roles of the 
Board of Trustees and the Responsible Official as described in the 
proposed procedures. The following sections of the procedures describe 
the overall management of the Preserve which is to be achieved through 
the establishment of strategic guidance by the Board of Trustees and 
stewardship actions undertaken by the Responsible Official, the person 
responsible for planning and implementing stewardship actions as 
authorized by the Board of Trustees.
    Paragraph (b) emphasizes the vital role of citizens in the overall 
management, use, and enjoyment of the Preserve. As described in the 
revised section 101.7, Public Involvement, and throughout the 
procedures, citizens are encouraged to participate with the Trust in 
the overall management of the Preserve.
    The fundamental role of monitoring and the consideration of new 
information among the Trust and the public are emphasized in (c). These 
activities are important in adapting on-going and future stewardship 
actions to changing conditions. The term ``on-going'' is added to 
emphasize that monitoring results are to be used to adjust stewardship 
actions that are underway as well as those that may take place in the 
future.
    Paragraph (d) presents the 10 guiding principles for management of 
the Preserve adopted by the Board of Trustees on December 13, 2001. 
These 10 guiding principles are referred to as ``management 
principles'' in the procedures, and are intended to guide the 
management of the Preserve. It is noted that the whole of the Preserve 
is greater than the sum of its parts. Stewardship actions within the 
Preserve are intended to complement the entire Preserve and enhance the 
unique character of the Preserve envisioned by the Congress.
    101.2 Terminology. This section of the procedures lists 17 terms 
and their meanings as they are used throughout the text. It is helpful 
to review these terms and their meanings to promote their consistent 
use and interpretation by the Board, staff of the Trust, and citizens 
involved in the planning and decisionmaking of Trust. The following 
improvements to the proposed procedures are made to respond to public 
comments and to clarify meanings of terms used in the procedures:
    Comprehensive management program is removed from the terminology 
section. The description of the comprehensive management of the 
Preserve is revised in section 101.10, Comprehensive Management of the 
Preserve, and is no longer needed in the terminology section.
    Adaptive management is added to the procedures by the following 
text. ``Adaptive management'' means adjusting stewardship actions or 
strategic guidance based on knowledge gained from new information, 
experience, experimentation, and monitoring results, and is the 
preferred method for managing complex natural systems.
    Goal. This term is improved by replacing the term ``Responsible 
Official'' with ``Trust'' to more accurately state that the achievement 
of a goal is sought by the entire Trust in addition to the Responsible 
Official.
    Human environment is added to the procedures by the following text. 
``Human environment'' has the same meaning as that described in the CEQ 
regulations for implementing the procedural provisions of the NEPA. 
``Human Environment'' shall be interpreted comprehensively to include 
the natural and physical environment and the relationship of people 
with that environment. (See definition of ``effects'' in 40 CFR 
1508.8.) This means

[[Page 42463]]

that economic or social effects are not intended by themselves to 
require preparation of an environmental impact statement. When an 
environmental impact statement is prepared and economic or social and 
natural or physical environmental effects are interrelated, then the 
environmental impact statement will discuss all of these effects on the 
human environment.
    Implementing decision. For this term, as elsewhere in the text of 
the procedures, the phrase, ``implement and adopt,'' is revised by 
removing the phrase ``and adopt.'' This is done to clarify that the 
Responsible Official is the person who makes an implementing decision. 
The Board of Trustees reserves the authority to adopt or amend 
strategic guidance.
    Purpose and need. The phrase ``and the goal(s) sought'' is added to 
the end of the meaning of ``purpose and need''. This addition is 
intended to clarify that the concise explanation of why a stewardship 
action is being proposed should include the identification of the one 
or more goals sought by proposing a stewardship action.
    Responsible Official. Several reviewers commented that the meaning 
of the term was unclear in the proposed procedures. The term is 
rewritten to read, ``Responsible Official'' means the Executive 
Director of the Trust and, consistent with delegated authority, the 
Preserve Manager and other Preserve staff, or the Chair of the Board of 
Trustees if specifically designated by the Board of Trustees. This 
change in the meaning of the term is intended to clarify that the 
person responsible for a stewardship action is the Executive Director 
of the Trust or staff operating within their delegated authorities. 
Also, if the Board of Trustees chooses to propose a stewardship action 
and, after appropriate environmental review and documentation, make an 
implementing decision, then they must specifically designate the Chair 
of the Board as the Responsible Official for purposes of the 
stewardship action under consideration.
    Stewardship action. The term is rewritten to read, ``Stewardship 
action'' means an activity or group of activities consisting of at 
least one goal, objective, and performance requirement proposed or 
implemented by the Responsible Official that may:
    (1) Guide or prescribe alternative uses of the Preserve upon which 
future implementing decisions will be based; or
    (2) Utilize or manage the resources of the Preserve.
    This revision of the meaning of the term is made to clarify that 
only the Responsible Official may propose a stewardship action. Several 
reviewers discussed confusion regarding the identification of the 
Responsible Official and his or her role in proposing, evaluating, or 
implementing a stewardship action. In the proposed procedures, the 
Board of Trustees could also propose and adopt a stewardship action. As 
described above in the meaning of ``Responsible Official'', if the 
Board of Trustees chooses to propose a Stewardship action, the Board 
may do so only by specifically designating the Chair of the Board as 
the Responsible Official.
    Stewardship register. The phrase, ``including applicable 
environmental documents'' is added to the meaning of ``stewardship 
register''. The term ``and appended'' is removed here and elsewhere in 
the text of the procedures. This change is made to clarify that the 
appropriate environmental documents should be included with the 
stewardship register rather than appended. The stewardship register is 
to be integrated with the appropriate environmental document. A 
reviewer would expect to see a stewardship register along with its 
associated environmental documents. As noted in the text for the sample 
stewardship register in Exhibit I, if an environmental document is not 
associated with a stewardship action, the stewardship register must 
identify the applicable category for exclusion of such a document.
    Strategic guidance. This term is modified from the proposed 
procedures by the elimination of (c), ``one or more stewardship 
actions.'' This change is made to clarify, as described above regarding 
stewardship actions, that only the Responsible Office may propose or 
implement a stewardship action. Item (b) is improved by specifying that 
the Trust may direct the Responsible Official to consider one or more 
stewardship actions or an administrative matter related to the 
operation of the Preserve. From the comments of reviews, it appeared 
that the proposed procedures were confusing regarding the role of the 
Board of Trustees in directing that a particular stewardship action 
should undergo consideration by the Responsible Official. This change 
in the text is intended to clarify the roles of the Board of Trustees 
and the Responsible Official.
    Summary of Monitored Outcomes. This term is replaced with the term 
``State of the Preserve'' to better communicate the meaning of the 
evaluations that are anticipated to take place prior to removing, 
amending, continuing, or adopting one or more of the goals of strategic 
guidance. The role of the Board of Trustees in establishing strategic 
guidance is clarified in the language describing the comprehensive 
management of the Preserve in section 101.10.
    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 101.2, Terminology, stewardship actions may be site-specific 
actions as well as broader, planning-related goals, objectives, and 
performance requirements that set the stage for future implementing 
decisions. 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. The term ``consistent 
with strategic guidance'' is added to the requirements of the purpose 
and need statement. The addition of this term is intended to ensure 
that each proposed stewardship action conforms to the strategic 
guidance established by the Board of Trustees. Each proposed 
stewardship action must have a clear explanation of why it is 
necessary. In addition, a proposed stewardship action must be 
consistent with the identified goals sought through its implementation.
    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 prior to making an implementing 
decision. For many stewardship actions, an environmental document is 
required. The requirements related to the evaluation of stewardship 
actions and the preparation of the appropriate environmental documents 
are described in section 101.5.
    It is stated in paragraph (c) that the outcomes of implemented 
stewardship

[[Page 42464]]

actions are monitored to provide information to aid future choices, 
consistent with adaptive management. Based on comments received, the 
meaning of ``adaptive management,'' is added to section 101.2, 
Terminology. As noted in the proposed procedures, ``adaptive 
management'' 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.
    Paragraph (d) is revised to emphasize that the Trust is to prepare 
a ``State of the Preserve'' at least once every five years after August 
2, 2002, the date the Trust assumed management responsibility of the 
Preserve. As noted in section 101.2, Terminology, the term ``State of 
the Preserve'' is described. The requirement to prepare a concise 
account of the systematic review of monitored outcomes along with 
review of other information is intended to provide a technical and 
scientific basis for the comprehensive management of the Preserve and 
aid in the consideration of the goals within strategic guidance that 
may be adopted by the Board of Trustees. As described in the revised 
section 101.10, The Comprehensive Management of the Preserve, the State 
of the Preserve is intended to provide valuable information to the 
Board of Trustees as they consider amending, eliminating, continuing, 
or adding to the goals of strategic guidance. A current State of the 
Preserve must be reviewed before the Board may act regarding a goal of 
strategic guidance. This change in the procedures is made based upon 
requests to strengthen the role of the Board of Trustees in 
establishing overall direction and to ensure that in the future the 
Board does not change its direction without being fully informed 
regarding the overall condition of the Preserve and the evolving 
natural and social environments related to the Preserve.
    Section 101.3 of the procedures concludes with paragraph (e) that 
describes the on-going, adaptive management regime of 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. 
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 and subsequent monitoring of outcomes. 
The stewardship registers will also, as relevant, contain information 
regarding completion of stewardship actions and the monitoring of one 
or more of the outcomes.
    Paragraph (b) states that the public and government officials have 
many opportunities to review the activities of the Trust. Based on 
several comments, the text is revised in sentence two to read. ``The 
Responsible Official will request public review and comment on a 
proposed stewardship action, its purpose and need, alternatives, and/or 
anticipated outcomes as described in 101.7.'' If comments are requested 
and received within the dates specified, the Responsible Official must 
consider the comments before making an implementing decision. It is 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 
discussions, letters, photos, or electronic communications.
    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 Environmental Evaluation and Documentation. The title and 
text of this section is revised from ``Evaluating a Stewardship 
Action'' to more accurately describe the requirements of this section 
and the three following sections, 101.51 to 101.53, which describe 
required environmental evaluation and documentation. Paragraph (a) is 
revised to read. ``An environmental document must be prepared and 
considered before the Responsible Official can make an implementing 
decision unless a stewardship action is within a categorical exclusion 
listed in 101.6.''
    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 (an environmental 
assessment, finding of no significant impact, notice of intent, or 
environmental impact statement) for proposed stewardship actions that 
do not individually or cumulatively have a significant effect on the 
human environment.
    Because the requirements in (c) of the proposed procedures are 
included in the revised (a), (c) is no longer needed and is removed.
    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 1502. An environmental impact 
statement must

[[Page 42465]]

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 integrated 
with one or more appropriate stewardship registers. The term, 
``integrated with'' replaces ``appended to'' of the proposed procedures 
to more accurately communicate that a stewardship register is to be a 
part of the appropriate environmental document.
    Paragraph (c) is revised to simplify the examples of when an 
environmental impact statement is normally prepared. The revised text 
reads. ``An environmental impact statement is normally required for the 
following implementing decisions:
    (1) One or more stewardship actions that may be significant as 
described in 40 CFR 1508.27. Examples include, but are not limited to, 
long-term programs or plans for:
    (A) Management of livestock grazing;
    (B) Transportation;
    (C) Management of forests and harvest of forest-related products; 
and
    (D) Management of public recreation.
    (2) Construction and operation of a visitor center with associated 
public access to the Preserve.
    The implementing decisions for long-term plans described in (c)(1) 
are typically referred to as ``planning-related decisions''. These 
implementing decisions typically do not undertake specific actions on 
the ground, except for those that may modify one or more on-going 
stewardship actions. However, they are often critical choices in 
setting the stage, the expectations and bounds, for future stewardship 
actions and are intended to follow the depiction 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 they 
are implemented.
    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 normally accompanied by 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 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 in the proposal can be 
identified.
    Paragraph (b) describes a very useful method to combine documents 
to reduce unwanted paperwork and improve overall effectiveness. An 
environmental assessment is combined with a stewardship register to 
create a concise document. The environmental analysis of a proposed 
stewardship action and alternatives is integrated with the applicable 
stewardship register as a combined document (40 CFR 1506.4).
    The following paragraph, (c), describes a very important principle 
guiding the environmental review of a proposal. The purpose of the 
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. A reviewer requested that the term, 
``incidental ground disturbance'' be eliminated or defined in the text 
of the proposed procedures at (e)(1). The sentence at (e)(1) is 
replaced by following: ``Establishing or substantively revising a 
program or policy for the permitting of seasonal or short-term 
backcountry recreation or special use actions which could potentially 
create minor ground disturbance.''
    101.53 Finding of No Significant Impact. This section of the 
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 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 the procedures for public review.
    This section concludes with paragraph (e) that is a requirement 
that

[[Page 42466]]

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. Reviewers offered several thoughtful 
comments regarding the description of categorical exclusions. 
Paragraphs (a), (b), and (c) are rewritten to respond to several of 
these comments to clarify the description of categorical exclusions.
    The text in (a) is revised to read. ``In the absence of 
extraordinary circumstances, the Responsible Official may undertake the 
stewardship actions in (c) without preparation of an environmental 
document.
    Paragraph (b) is revised to read. ``Extraordinary circumstances 
include, but are not limited to: Scientific controversy; high level of 
public interest; extreme weather or climatic conditions; or the 
potential for effects on environmental resources of critical concern 
such as cultural resource sites and habitat for candidate, endangered, 
or threatened species.
    Paragraph (c) is rewritten to read. ``In the absence of 
extraordinary circumstances, the following stewardship actions may be 
undertaken, provided that no more than 1320 feet of road or trail 
construction is required to implement the stewardship action: * * *''. 
Based on reviewer comments to better quantify the categories listed in 
the proposed procedures, a requirement that the categorical exclusions 
may not include more than 1320 feet of road or trail construction is 
added. The list of categorical exclusions with the revisions made to 
improve the description and use of each category as well as correct 
minor errors follows:
    ``(1) Policy development, planning and implementation which relate 
to routine activities, such as personnel, organizational change, record 
management, internal communication, financial management, or similar 
administrative functions;
    (2) Procurement of equipment and supplies consistent with federal 
environmental policies and direction;
    (3) Closures or other orders issued for durations of less than one 
year to provide resource protection or to protect public health and 
safety;
    (4) Location and maintenance of landline boundaries and geographic 
sites;
    (5) 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, and 
routine repair and maintenance of removable communication facilities 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;
    (6) Use and care for horses or other stock for administrative 
purposes that is clearly limited in context and intensity;
    (7) Repair and maintenance of recreation sites;
    (8) Reconstruction or maintenance of utilities within a designated 
corridor;
    (9) Inventories, research activities, and studies, such as resource 
inventories and routine data collection when such actions are clearly 
limited in context and intensity;
    (10) Implementation or modification of minor management practices 
such as the placement of salt blocks, temporary fencing, and the 
placement of temporary water tanks to improve range conditions and/or 
animal distribution;
    (11) 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 in the Preserve of no more than 640 acres in a calendar year, and 
may involve prescribed fire and/or the removal of live trees, the 
diameter of which will be:
    (A) No larger than nine inches at breast height; or
    (B) Determined by publicly available site-specific size class 
information used to define an appropriate diameter and basal area 
distribution of trees to be removed;
    (12) 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
    (13) Authorizing seasonal or short-term backcountry recreation or 
special use actions such as: Day-use hiking; wildlife observation; 
educational field trips; and other small group activities.''
    101.7 Public Involvement. The procedures for engaging the public in 
the consideration of a proposed stewardship action are presented in 
paragraphs (a) through (f) 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 of 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 ``taken fully into account'' in planning for 
the appropriate level of public involvement throughout the 
decisionmaking process. The term ``critical'' is replaced in the text 
by ``taken fully into account''. Based on reviewer comments, it is 
emphasized here that the Responsible Official should act on the 
comments received, not just consider the comments to be critical. The 
term ``throughout the rest of the NEPA process'' is replaced with 
``throughout the decisionmaking process'' to emphasize that public 
reaction and comment is important in developing appropriate 
environmental evaluation and documentation as well as in the overall 
decisionmaking process of the Trust. The public's reaction to a 
proposal will also help determine the extent to which the Trust 
develops alternatives to a 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 recorded and considered.
    Several comments were received regarding paragraph (e). Some 
reviewers said that the proposed procedures did specify an adequate 
time for review of an environmental assessment and that specific time 
periods should be set. Trust staff and others acknowledged that some 
flexibility is needed for pubic reviews based on the nature and extent 
of a proposed stewardship action. Paragraph (e) is reworded and an 
additional paragraph (f) is added to the text of this section. The text 
for (e) now reads. ``The Trust will provide a reasonable time period 
for public review

[[Page 42467]]

and comment on an environmental assessment based on the complexity and 
nature of the proposed stewardship action and public comment received.
    Paragraph (f) is added to clarify necessary actions in emergency 
situations. Paragraph (f) states. ``If the Responsible Official 
determines that an emergency circumstance exists requiring immediate 
implementation of a proposal, the Chair of the Board of Trustees may 
reduce or eliminate the time period for public review and comment on an 
environmental assessment. If the Responsible Official proposes to 
respond to an emergency with an action that would normally require 
preparation of an environmental impact statement, the Chair of the 
Board of Trustees will immediately contact the Council on Environmental 
Quality to invoke the procedures under 40 CFR 1506.11.'' This addition 
to the procedures is intended to be responsive to the comments from 
reviewers and provide for needed response to an emergency.
    101.8 Making and Recording an Implementing Decision. This section 
of the 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, if and only if, the three 
listed criteria are fulfilled.
    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 the Responsible Official to evaluate each monitored outcome 
identified in a 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 for the Responsible Official to 
consider new information and the influence that information may have 
upon on-going or completed stewardship actions.
    101.10 The Comprehensive Management of the Preserve. To more 
accurately describe the contents of this section, the title is changed 
from ``Preparing and Approving the Comprehensive Management Program'' 
that appeared in the proposed procedures. This final section of the 
procedures is rewritten to more adequately describe the comprehensive 
management of the Preserve and the relationship of strategic guidance, 
the State of the Preserve, stewardship registers, and their roles in 
fostering adaptive management.
    Paragraph (a) is changed to read. ``The comprehensive management of 
the lands, resources, and facilities of the Preserve includes all 
stewardship registers, the State of the Preserve, and the strategic 
guidance adopted by the Board of Trustees.'' These documents depict the 
management of the Preserve and provide timely references for interested 
citizens.''
    Paragraph (b) as rewritten states. ``At least once every five years 
after August 2, 2002, the Board of Trustees must review the goals 
adopted in strategic guidance and the State of the Preserve. Based on 
the reviews of the goals and the State of the Preserve, the Board of 
Trustees may remove, amend, or continue the goals of the Preserve, and/
or adopt one or more additional goals.'' Reviewers requested that the 
procedures establish a means to evaluate the long-term goals of 
strategic guidance and avoid altering goals without consideration of 
the overall natural and social environments within and adjacent to the 
Preserve. The requirement in (b) ensures that at least once every five 
years from the date the Board assumed management of the Preserve, the 
Board must review the goals of strategic guidance and the State of the 
Preserve before removing, amending, continuing, and/or adopting one or 
more additional goals.
    Paragraph (c) is rewritten to read. ``The Board of Trustees may 
remove, amend, and/or adopt one or more additional goals only after 
completing reviews of the goals adopted in strategic guidance and a 
current State of the Preserve.'' This requirement is added to ensure 
that the Board may at any time add, amend, or remove one or more goals 
of strategic direction, but only after review of all goals and a 
current State of the Preserve. This requirement responds to requests to 
establish clear requirements that the long-term goals of strategic 
guidance receive careful consideration in a broad and comprehensive 
context before revision by the Board of Trustees.
    Exhibit I Stewardship Register. This exhibit concludes the 
procedures. Minor changes are made in the description of the 
stewardship register. The description of the purpose and need is 
reworded to read. ``Concisely explain why the stewardship action is 
proposed and the goal(s) sought.'' This improvement was also made in 
the 101.2, Terminology, to point out that the purpose and need for a 
proposed stewardship action should include the one or more goals sought 
through the action proposed.
    The description of the integrated environmental document is 
rewritten to read. ``Integrate the environmental document or, if a 
categorical exclusion is used, cite the category.'' This change is made 
based on reviewer comments to specifically cite the category if a 
categorical exclusion from the preparation of an environmental document 
is appropriate for the stewardship action under consideration.
    The text of the procedures follows:

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 Environmental Evaluation and Documentation
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 The Comprehensive Management of the Preserve

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

[[Page 42468]]

The Valles Caldera Preservation Act, Pub. L. 106-248.
    100.2 Purpose. To implement the comprehensive 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, section 
102) 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 strategic 
guidance and 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 on-going and 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 
management principles describing the 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 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

    Adaptive Management. ``Adaptive management'' means adjusting 
stewardship actions or strategic guidance based on knowledge gained 
from new information, experience, experimentation, and monitoring 
results, and is the preferred method for managing complex natural 
systems.
    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.
    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).
    Goal. ``Goal'' means a desirable condition of the Preserve sought 
by the Trust and/or a desirable condition as described in Public Law 
106-248 or within the management principles adopted by the Trust 
(101.1(d)).
    Human environment. ``Human environment'' has the same meaning as 
that described in the CEQ regulations for implementing the procedural 
provisions of the NEPA. ``Human Environment'' shall be interpreted 
comprehensively to include the natural and physical environment and the 
relationship of people with that environment. (See definition of 
``effects'' in 40 CFR 1508.8.) This means that economic or social 
effects are not intended by themselves to require preparation of an 
environmental impact statement. When an environmental impact statement 
is prepared and economic or social and natural or physical 
environmental effects are interrelated, then the environmental

[[Page 42469]]

impact statement will discuss all of these effects on the human 
environment.
    Implementing decision. ``Implementing decision'' means the 
authorization by the Responsible Official to implement 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 and the goal(s) sought.
    Responsible Official. ``Responsible Official'' means the Executive 
Director of the Trust and, consistent with delegated authority, the 
Preserve Manager and other Preserve staff, or the Chair of the Board of 
Trustees if specifically designated by the Board of Trustees.
    State of the Preserve. ``State of the Preserve'' means a concise 
account of the systematic review of monitored outcomes and 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 foreseeable future actions of the Trust.
    Stewardship action. ``Stewardship action'' means an activity or 
group of activities consisting of at least one goal, objective, and 
performance requirement proposed or implemented by the Responsible 
Official that may:
    (1) Guide or prescribe alternative uses of the Preserve upon which 
future implementing decisions will be based; or
    (2) Utilize or manage the resources of the Preserve.
    Stewardship register. ``Stewardship register'' means a concise 
document, including applicable environmental documents, available to 
the public and readily amended 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; or
    (b) Direction to the Responsible Official to consider one or more 
stewardship actions or an administrative matter related to the 
operation of the Preserve.

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 may propose a stewardship action only 
if it is consistent with strategic guidance and 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 
adaptive management.
    (d) The Trust must prepare the State of the Preserve at least once 
every five years after August 2, 2002. The State of the Preserve 
provides a technical and scientific basis for the comprehensive 
management of the Preserve and aids the consideration of goals within 
strategic guidance that may be adopted by the Board of Trustees
    (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. The Responsible 
Official will request public review and comment on a proposed 
stewardship action, its purpose and need, alternatives, and/or 
anticipated outcomes as described in 101.7. 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, the date 
and nature of the change to the stewardship register and name of the 
person transcribing the amended 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 Environmental Evaluation and Documentation

    (a) An environmental document must be prepared and considered 
before the Responsible Official can make an implementing decision 
unless a

[[Page 42470]]

stewardship action is within a categorical exclusion listed in 101.6.
    (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.

101.51 Environmental Impact Statement

    (a) The Responsible Official must prepare and consider an 
environmental impact statement as described in 40 CFR 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 1502.9(c), 1506.10(d), and 1506.11, 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 integrated 
with one or more appropriate stewardship registers.
    (c) An environmental impact statement is normally required for the 
following implementing decisions:
    (1) One or more stewardship actions that may be significant as 
described in 40 CFR 1508.27. Examples include, but are not limited to, 
long-term programs or plans for:
    (A) Management of livestock grazing;
    (B) Transportation;
    (C) Management of forests and harvest of forest-related products; 
and
    (D) Management of public recreation.
    (2) Construction and operation of a visitor center with associated 
public access to 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 integrated with one or more stewardship registers 
(40 CFR 1506.4).
    (c) The purpose of the 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 actions which could potentially create minor ground 
disturbance;
    (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

    (a) In the absence of extraordinary circumstances, the Responsible 
Official may undertake the stewardship actions in (c) without 
preparation of an environmental document.
    (b) Extraordinary circumstances include, but are not limited to: 
Scientific controversy; high level of public interest; extreme weather 
or climatic conditions; or the potential for effects on environmental 
resources of critical concern such as cultural resource sites and 
habitat for candidate, endangered, or threatened species.
    (c) In the absence of extraordinary circumstances, the following 
stewardship actions may be undertaken,

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provided that no more than 1320 feet of road or trail construction is 
required to implement the stewardship action:
    (1) Policy development, planning and implementation which relate to 
routine activities, such as personnel, organizational change, record 
management, internal communication, financial management, or similar 
administrative functions;
    (2) Procurement of equipment and supplies consistent with federal 
environmental policies and direction;
    (3) Closures or other orders issued for durations of less than one 
year to provide resource protection or to protect public health and 
safety;
    (4) Location and maintenance of landline boundaries and geographic 
sites;
    (5) 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, and 
routine repair and maintenance of removable communication facilities 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;
    (6) Use and care for horses or other stock for administrative 
purposes that is clearly limited in context and intensity;
    (7) Repair and maintenance of recreation sites;
    (8) Reconstruction or maintenance of utilities within a designated 
corridor;
    (9) Inventories, research activities, and studies, such as resource 
inventories and routine data collection when such actions are clearly 
limited in context and intensity;
    (10) Implementation or modification of minor management practices 
such as the placement of salt blocks, temporary fencing, and the 
placement of temporary water tanks to improve range conditions and/or 
animal distribution;
    (11) 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 in the Preserve of no more than 640 acres in a calendar year, and 
may involve prescribed fire and/or the removal of live trees, the 
diameter of which will be:
    (A) No larger than nine inches at breast height; or
    (B) Determined by publicly available site-specific size class 
information used to define an appropriate diameter and basal area 
distribution of trees to be removed;
    (12) 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
    (13) Authorizing seasonal or short-term backcountry recreation or 
special use actions such as: Day-use hiking; wildlife observation; 
educational field trips; and other small group 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 of 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 
taken fully into account in planning for the appropriate level of 
public involvement throughout the decisionmaking process. The public's 
reaction will also help determine the 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 on an environmental assessment based on the 
complexity and nature of the proposed stewardship action and public 
comment received.
    (f) If the Responsible Official determines that an emergency 
circumstance exists requiring immediate implementation of a proposal, 
the Chair of the Board of Trustees may reduce or eliminate the time 
period for public review and comment on an environmental assessment. If 
the Responsible Official proposes to respond to an emergency with an 
action that would normally require preparation of an environmental 
impact statement, the Chair of the Board of Trustees will immediately 
contact the Council on Environmental Quality to invoke the procedures 
under 40 CFR 1506.11.

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.

[[Page 42472]]

    (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 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 the stewardship register to incorporate 
the new information and/or change to the stewardship action or 
description of consequences in the relevant environmental document.

101.10 The Comprehensive Management of the Preserve

    (a) The comprehensive management of the lands, resources, and 
facilities of the Preserve includes all stewardship registers, the 
State of the Preserve, and the strategic guidance adopted by the Board 
of Trustees. These documents depict the management of the Preserve and 
provide timely references for interested citizens.
    (b) At least once every five years after August 2, 2002, the Board 
of Trustees must review the goals adopted in strategic guidance and the 
State of the Preserve. Based on the reviews of the goals and the State 
of the Preserve, the Board of Trustees may remove, amend, or continue 
the goals of the Preserve, and/or adopt one or more additional goals.
    (c) The Board of Trustees may remove, amend, and/or adopt one or 
more additional goals only after completing reviews of the goals 
adopted in strategic guidance and a current State of the Preserve.

Exhibit I-- Stewardship Register

    Descriptive name of Stewardship
    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 and the goal(s) sought.
    Description: Describe the stewardship action and, through 
appropriate media, describe the related physical, biological, 
social, and/or economic environment.
    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.
    Integrate the environmental document or, if a categorical 
exclusion is used, cite the category.
    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: July 11, 2003.
William deBuys,
Chairman, Valles Caldera Trust.
[FR Doc. 03-18080 Filed 7-16-03; 8:45 am]
BILLING CODE 3410-11-P