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, 14419-14421 [2010-6589]
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Federal Register / Vol. 75, No. 57 / Thursday, March 25, 2010 / Notices
Labeling of Prepackaged Foods in line
with the International Organization of
Legal Metrology (OIML)
Recommendations Regarding the
Declaration of the Quantity of Product
in Prepackages.
Each issue listed will be fully
described in documents distributed, or
to be distributed, by the Codex
Secretariat prior to the CCFL meeting.
Members of the public may access these
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ADDRESSES).
mstockstill on DSKH9S0YB1PROD with NOTICES
Public Meeting
At the April 7, 2010, public meeting,
draft U.S. positions on the agenda items
will be described and discussed and
attendees will have the opportunity to
pose questions and offer comments.
Written comments may be offered at the
meeting or sent to the U.S. Delegate,
Barbara Schneeman (See ADDRESSES),
for the 38th Session of the CCFL.
Written comments should state that they
relate to activities of the 38th Session of
the CCFL.
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Public awareness of all segments of
rulemaking and policy development is
important. Consequently, in an effort to
ensure that minorities, women, and
persons with disabilities are aware of
this notice, FSIS will announce it online
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Regulations_&_Policies/
2010_Notices_Index/index.asp. FSIS
will also make copies of this Federal
Register publication available through
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FSIS policies, procedures, regulations,
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meetings, and other types of information
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Through the Listserv and Web page,
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much broader and more diverse
audience. In addition, FSIS offers an
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email_subscription/. Options range from
recalls to export information, to
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Customers can add or delete
VerDate Nov<24>2008
16:42 Mar 24, 2010
Jkt 220001
subscriptions themselves, and have the
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Done in Washington, DC, March 17, 2010.
Karen Stuck,
U.S. Manager for Codex Alimentarius.
[FR Doc. 2010–6559 Filed 3–24–10; 8:45 am]
BILLING CODE 3410–DM–P
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
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement.
AGENCY:
ACTION:
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,
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Fmt 4703
Sfmt 4703
14419
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 handdelivered 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:
comments-southwestern-apachesitgreaves@fs.fed.us. 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
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Federal Register / Vol. 75, No. 57 / Thursday, March 25, 2010 / Notices
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, ApacheSitgreaves 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:
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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
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16:42 Mar 24, 2010
Jkt 220001
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 nonFederal 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)
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Frm 00003
Fmt 4703
Sfmt 4703
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
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mstockstill on DSKH9S0YB1PROD with NOTICES
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
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16:42 Mar 24, 2010
Jkt 220001
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.
PO 00000
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Fmt 4703
Sfmt 9990
14421
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
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]]>Agencies
[Federal Register Volume 75, Number 57 (Thursday, March 25, 2010)]
[Notices]
[Pages 14419-14421]
From the Federal Register Online via the Government Printing 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: comments-southwestern-apache-sitgreaves@fs.fed.us. 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
