[Federal Register Volume 75, Number 57 (Thursday, March 25, 2010)]
[Notices]
[Pages 14419-14421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6589]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Camp Tatiyee Land Exchange on the Lakeside Ranger District of the 
Apache-Sitgreaves National Forests; Santa Catalina, Nogales, Safford, 
and Douglas Ranger Districts of the Coronado National Forest; Bradshaw 
Ranger District of the Prescott National Forest; Cave Creek, Tonto 
Basin, and Pleasant Valley Ranger Districts of the Tonto National 
Forest

AGENCY: Forest Service, USDA.

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

-----------------------------------------------------------------------

SUMMARY: In accordance with the National Environmental Policy Act of 
1969 (NEPA), 42 U.S.C. 4321-4370d, as implemented by the Council on 
Environmental Quality Regulations, 40 CFR Part 1500-1508, the USDA 
Forest Service, Apache-Sitgreaves National Forests (ASNFs) (lead 
forest), will prepare an Environmental Impact Statement (EIS) on a 
proposal to transfer one 344.06 acre parcel of Federal land on the 
ASNFs into private ownership, and 16 parcels totaling 1,719.32 acres of 
private land into Federal ownership. The land proposed for the transfer 
to the Forest Service includes one 110.57 acre parcel to the ASNFs; 
nine parcels totaling 1153.31 acres to the Coronado National Forest 
(CNF); one 11.15 parcel to the Prescott National Forest (PNF); and five 
parcels totaling 444.42 acres to the Tonto National Forest (TNF). The 
proposed land exchange would be between the Lawyer's Title Company, 
which holds the private land in trust for the benefit of the Lions 
Foundation of Arizona (LFA) and BC2 LLC, and the Apache-Sitgreaves, 
Coronado, Prescott, and Tonto National Forests in Central and Southern 
Arizona.
    The EIS will analyze the proposed change of the Federal lands 
(344.06 ac.) for the non-Federal lands (1,719.32 ac.). The Federal and 
non-Federal lands proposed for exchange are located in Navajo, Cochise, 
Pima, Santa Cruz, Graham, Maricopa, Gila, and Yavapai Counties, 
Arizona. The affected Forest Service units are the Lakeside Ranger 
District of the ASNFs; Santa Catalina, Nogales, Safford, and Douglas 
Ranger Districts of the CNF; Bradshaw Ranger District of the PNF; Cave 
Creek, Tonto Basin, and the Pleasant Valley Ranger Districts in TNF. 
Implementation of the proposed exchange is scheduled for December 2011. 
The Forest Service invites written comments and suggestions on the 
scope of the environmental analysis for the EIS from Federal, State, 
and local agencies, tribes, and other individuals or organizations that 
may be interested in or affected by the proposed action. The ASNFs 
Forest Supervisor also invites the public to participate in the 
environmental analysis and decision-making process for the proposed 
exchange of lands.

DATES: Comments concerning the scope of the analysis are requested by 
May 14, 2010. The draft EIS is expected to be filed with the 
Environmental Protection Agency (EPA) and available for public review 
in early 2011; the final EIS is scheduled for completion in late 2011.

ADDRESSES: You may request to be placed on the project mailing list or 
you may direct questions, written comments and suggestions to Edward W. 
Collins, District Ranger, Lakeside Ranger District, Apache-Sitgreaves 
National Forests, c/o TEC Inc., 514 Via de la Valle, Ste. 308, Solana 
Beach, CA 92075, or by facsimile to (858) 509-3158. The office hours 
for those submitting hand-delivered comments are 8-4:30 local time 
Monday through Friday, excluding holidays. Hand-delivery comments 
should be brought to the Lakeside Ranger District, Apache-Sitgreaves 
National Forests, 2022 W. White Mountain Boulevard, Lakeside, AZ 85929.
    Provide Oral Comments to: The Apache-Sitgreaves National Forests, 
Lakeside Ranger District during normal business hours via telephone 
(928) 368-2100, or in person, or at an official Agency function (e.g., 
a public meeting) that is designed to solicit public comments.
    Provide Electronic Comments to: [email protected]. Electronic comments must be submitted in a format 
such as an e-mail message, plain text (.txt), rich text format (.rtf) 
and Microsoft Word (.doc). The subject line must contain the name of 
the project for which you are submitting comments (i.e. Camp Tatiyee 
Land Exchange). Comments must have an identifiable name attached or 
verification of identity will be required. A scanned signature may 
serve as verification on electronic comments. It is important that 
reviewers provide their comments at such times and in such a way that 
they are useful

[[Page 14420]]

to the Agency's preparation of the EIS. Therefore, comments should be 
provided prior to the close of the comment period and should clearly 
articulate the reviewer's concerns and contentions. The submission of 
timely and specific comments can affect a reviewer's ability to 
participate in subsequent administrative or judicial review.
    Comments received in response to this solicitation, including names 
and addresses of those who comment, will become part of the public 
record for this proposed action. Comments submitted anonymously will be 
accepted and considered; however, anonymous comments will not provide 
the respondent with standing to participate in subsequent 
administrative or judicial review.

FOR FURTHER INFORMATION CONTACT: Edward Collins, District Ranger, 
Lakeside Ranger District, Apache-Sitgreaves National Forests, 2022 W. 
White Mountain Blvd., Lakeside, AZ 85929, (928) 368-2100. Individuals 
who use telecommunication devices for the deaf (TDD) may call either 
the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 
8 a.m. and 8 p.m., Eastern Time, Monday through Friday, or the Lakeside 
Ranger District TTY (928) 368-5088 between the hours of 8 a.m. and 4 
p.m., Pacific Time, Monday through Friday.

SUPPLEMENTARY INFORMATION:

Purpose and Need for Action

    The proposal to exchange lands in the Apache-Sitgreaves, Coronado, 
Tonto, and Prescott National Forests responds to the Forest Service's 
need for consolidation of Federal land ownership patterns and the need 
to enhance management of the public's natural resources. There is a 
need to acquire lands that (1) protect habitat for several threatened, 
endangered, and sensitive species; (2) facilitate public access to 
Federal lands; (3) improve wetlands, floodplains, and riparian areas; 
(4) decrease the complexity of maintaining property boundaries; and (5) 
improve the efficiency of resource management by focusing the Forests' 
funding and staff on consolidated ownerships.
    The non-Federal lands would provide additional federally managed 
habitat for wildlife and plant species. The consolidation of public 
land ownership would result in a reduction in mixed ownership patterns. 
The elimination of numerous miles of common Federal/private landline 
boundaries and controlling land survey corners would contribute to 
increased management efficiency and a reduction in future 
administrative costs. Forest Service administration of over a dozen 
special use permits (SUPs) on the Federal land would no longer be 
necessary. Possible future residential/subdivision development on the 
private inholdings would be eliminated. On a Forest Service-wide basis, 
there could be a net gain of 1,375.26 acres of land that would be 
available for public outdoor recreation uses.

Proposed Action

    The Forest Service is proposing a land-for-land exchange that would 
result in federal acquisition of approximately 1,719.32 acres of non-
Federal lands in the Coronado National Forest, Prescott National 
Forest, Apache-Sitgreaves National Forest, and Tonto National Forest. 
Approximately 344.06 acres of Federal land would be conveyed within the 
incorporated town of Pinetop-Lakeside, Arizona from the ASNFs.
    The conveyance of the Federal land would increase the number of 
acres of private land within the Town of Pinetop-Lakeside by 344.06 
acres while eliminating one of the last isolated Forest Service parcels 
in the town. The land would continue to be used for existing youth 
organization camps with the remainder being available for future 
development within the town of Pinetop-Lakeside in accordance with 
local zoning ordinances.
    The proposed exchange would be with LFA and BC2 LLC, through 
Lawyers Title Company, as Trustee, under authority of the General 
Exchange Act of March 20, 1922; the Federal Land Policy and Management 
Act of 1976 (FLPMA), as amended; and the Federal Land Exchange 
Facilitation Act of August 20, 1988.
    The proposed exchange of lands would not require an amendment to 
the ASNFs Land and Resource Management Plan. Pursuant to the 
regulations for land exchanges (36 CFR 254.3(f)): ``Lands acquired by 
exchange that are located within areas having an administrative 
designation established through the land management planning process 
shall automatically become part of the area within which they are 
located, without further action by the Forest Service, and shall be 
managed in accordance with the laws, rules, and regulations, and land 
and resource management plan applicable to such area.''

Background

    In 1997, the LFA, through its representative, Page Land & Cattle 
Co., proposed to exchange private land for the National Forest System 
(Federal) land where their Camp Tatiyee youth organization camp which 
is authorized by a SUP. LFA proceeded to acquire non-Federal properties 
in the PNF, ASNFs and TNF and presented the ASNFs with their proposal 
for the Camp Tatiyee Land Exchange on June 13, 2000. A September 5, 
2003 preliminary value analysis concluded that the estimated value of 
the Federal land exceeded that of the offered non-Federal lands and 
that LFA would need to acquire additional properties for the proposed 
exchange to proceed. On December 1, 2005, Page Land & Cattle Co. 
submitted a revised proposal, which included a number of additional 
parcels previously associated with the Cote Land Exchange on the CNF.
    A Value Consultation for the proposed land exchange was completed 
on May 9, 2007, and is documented in a Feasibility Analysis that was 
approved by the Acting Director of Lands & Minerals, USDA Forest 
Service, Southwestern Region, on August 9, 2007. The Value Consultation 
associated with the feasibility analysis concluded that the proposed 
land exchange is in compliance with the equal value requirement of the 
FLPMA, as amended. An Agreement to Initiate the Camp Tatiyee Land 
Exchange was executed by the Acting Director of Lands & Minerals, USDA 
Forest Service, Southwestern Region, on October 1, 2007. As required by 
36 CFR 254.8, the Notice of Exchange Proposal (NOEP) was published in 
the Arizona Daily Star, Tucson Citizen, the Tribune, Payson Roundup, 
Courier, and White Mountain Independent for four consecutive weeks from 
November 5, 2007 to November 27, 2007.

Possible Alternatives

    A full range of alternatives to the proposed action, including a 
no-action alternative, will be considered during the environmental 
analysis and will be discussed in the EIS. The no-action alternative 
represents no change from the current pattern of land ownership, and it 
serves as the baseline for the comparison among the action 
alternatives.

Responsible Official

    The Responsible Official is the Regional Forester, Southwestern 
Region. The Responsible Official will review all issues, alternatives, 
and environmental consequences associated with the analysis; consider 
all public comments and responses; and comply with all policies, 
regulations, and laws in making a decision regarding the proposed 
exchange of lands documented in the final EIS for the Camp Tatiyee Land 
Exchange. The

[[Page 14421]]

Responsible Official will document his decision and rationale for the 
decision in a Record of Decision. The Responsible Official's decision 
will be subject to public notice, review, comment, and appeal under the 
Forest Service Regulations for Notice, Comment, and Appeal Procedures 
for National Forest System projects and Activities at 36 CFR part 215 
and 36 CFR part 251.

Nature of Decision To Be Made

    The Forest Service will determine if the lands to be exchanged are 
desirable, in the public interest, and suitable for inclusion in the 
National Forest System. Land exchanges are discretionary, voluntary 
real estate transactions between the Federal and non-Federal parties.
    The exchange can only be completed after the authorized officer 
determines that the exchanges meets the requirements at 36 CFR 
254.3(b): (2)(i) The resource values and the public objectives served 
by non-Federal lands and interests to be acquired are equal to or 
exceed the resource values and public objectives served by the Federal 
lands to be disposed, and (ii) the intended use of the disposed Federal 
lands will not substantially conflict with established management 
objectives on adjacent Federal lands, including Indian Trust Lands. 
Lands will be exchanged on a value for value basis, based on fair 
market value appraisals. The appraisal is prepared in accordance with 
the Uniform Appraisal Standards of Professional Appraisal Practice and 
the Uniform Appraisal Standards for Federal Land Acquisition. The 
appraisal prepared for the land exchange is reviewed by a qualified 
review appraiser to ensure that it is fair and complies with the 
appropriate standards. Under the FLPMA, all exchanges must be equal in 
value. Forest Service regulations at 36 CFR 254.3(c) require that 
exchanges must be of equal value or equalized pursuant to 36 CFR 254.12 
by cash payment after making all reasonable efforts to equalize values 
by adding or deleting lands. If lands proposed for exchange are not 
equal in value, either party may make them equal by cash payment not to 
exceed 25 percent of the Federal land value. A value consultation by 
the Regional Appraiser on May 9, 2007 concluded that it appears that 
the exchange is structured with flexibility to comply with the equal 
value requirement of the FLMPA, as amended.

Preliminary Issues

    An initial scoping letter dated October 30, 2007, was mailed to 
adjacent landowners, potentially interested parties, and affected 
special use permit holders who it was believed would have an interest 
in or be affected by the project. The letter explained that interested 
parties should access the ASNFs internet web site where they would find 
a description of the lands being considered for exchange, the legal 
descriptions of the parcels, and maps displaying their locations. 
Comments were requested by December 15, 2007. Based upon the comments 
received, and litigation stemming from other land exchange activities, 
the Forest Service determined that an environmental assessment would be 
insufficient for the NEPA process and an EIS would be required.
    Preliminary issues identified include concerns over the loss of 
opportunity for the continued use of the National Forest land for 
wildlife viewing and recreation by residents living in the area 
adjacent to the Federal parcel and concerns regarding the effect of 
possible future development of the Federal parcel once conveyed into 
private ownership.

Scoping Process

    This notice of intent formally initiates the scoping process for 
this EIS, which guides the development of the EIS. Scoping will include 
notice in the ASNF's Quarterly Schedule of Proposed Actions; 
distribution of letters to individuals, organizations, and agencies who 
have previously indicated interest in the Camp Tatiyee Land Exchange; 
communication with Tribal interests; and news releases in the Arizona 
Republic (the regional newspaper of record), and the newspaper of 
record each Forest's newspaper of record: The Arizona Daily Star 
(Coronado), Daily Courier (Prescott), Arizona Capitol Times (Tonto), 
and the White Mountain Independent (ASNFs) and to other papers serving 
areas affected by this proposal: Tucson Citizen, Sierra Vista Herald, 
Nogales International, Eastern Arizona Courier, East Valley Tribune and 
Payson Roundup. Any news releases will also be distributed to other 
local newspapers that serve areas affected by this proposal. A public 
meeting is scheduled for Tuesday, April 13, 2010, from 3 p.m. to 7 p.m. 
at the at the mess hall of Camp Tatiyee, 5283 White Mountain Boulevard, 
Lakeside, Arizona 85929. This meeting and any future public meetings 
will have a notice of time and location provided to newspapers that 
serve areas affected by this proposal. The scoping process will include 
identifying any key issues and previously unknown potential 
environmental effects of the proposed action.
    The comment period for the draft EIS will be 45 days from the date 
the EPA publishes the notice of availability in the Federal Register. 
At that time, copies of the draft EIS will be distributed to interested 
and affected agencies, organizations, tribes, and members of the public 
for their review and comment. It is important that those interested in 
the management of the National Forests participate at that time.
    Comments received in response to this solicitation, including names 
and addresses of those who comment, will be considered part of the 
public record of this proposed action and will be available for public 
inspection. Comments submitted anonymously will be accepted and 
considered; however, anonymous comments do not provide standing to 
appeal any decision made under 36 CFR Part 215 and 36 CFR Part 251. 
Additionally, pursuant to 7 CFR 1.27(d), any person may request the 
agency to withhold a submission from the public record by showing how 
the Freedom of Information (FOIA) permits such confidentiality. Persons 
requesting such confidentiality should be aware that, under the FOIA, 
confidentiality may be granted in only very limited circumstances, such 
as to protect trade secrets. The Forest Service will inform the 
requester of the agency's decision regarding the request for 
confidentiality, and where the request is denied, the agency will 
return the submission and notify the requester that the comments may be 
resubmitted with or without name and address.
    It is very important that those interested in this proposed action 
participate by the close of the comment period so that substantive 
comments and objections are made available to the Forest Service at a 
time when it can meaningfully consider them and respond to them in the 
final EIS. To assist the Forest Service in identifying and considering 
issues and concerns on the proposed action, comments on the draft EIS 
should be as specific as possible. Reviewers may wish to refer to the 
Council on Environmental Quality Regulations for implementing the 
procedural provisions of the NEPA at 40 CFR 1503.3 in addressing these 
points.

    Dated: March 19, 2010.
Chris Knopp,
Forest Supervisor.
[FR Doc. 2010-6589 Filed 3-24-10; 8:45 am]
BILLING CODE 3410-11-P