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File Code: |
1570-1 (L) NFS #s 00-13-00-0005, 07, 09-11, 13-14-A215 |
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Date: |
October 31, 2000 |
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Dear
Appellants:
We
have completed our review of the issues raised in your appeals regarding the
July 27, 2000, decision made by Regional Forester Eleanor S. Towns to exchange
approximately 11,319 acres of Federal lands for approximately 12,252 acres of
non-Federal lands belonging to L-Bar.
The proposed land exchange is between the Forest Service and Caprock
Pipe and Supply Company d/b/a/ L-Bar Ranch located in the checkerboard area of
the Mt. Taylor Ranger District, Cibola National Forest.
This
review was conducted in accordance with 36 CFR Part 215 of the Secretary of
Agriculture’s Appeal Regulations. I
have determined that due to multiple appellants, one appeal decision will be
rendered (215.18(a)). In accordance
with 36 CFR 215.16, informal disposition meetings and several telephone
conferences were arranged with Regional Forester Towns on September 25 through
September 28, 2000, October 3, 2000, and October 11, 2000. There were 9 appeals filed and various
appellants contacted in a short time period.
However, there was one appeal dismissed on procedural grounds in accordance
with 215.15(a)(5) because that appellant had no standing to appeal and did not meet the requirements
under 215.11. Appellants were notified
over the telephone in advance of these telephone conferences and were given
instructions on how to take part in the pre-arranged conference calls. There were no resolutions to the issues
discussed either by telephone or at the informal disposition meetings.
In
accordance with 36 CFR 215.19, the Appeal Reviewing Officer (ARO) has reviewed
the appeal record and has written a recommendation on the disposition of the
appeals. As support to this response, I
hereby adopt the enclosed ARO’s October 18, 2000, recommendations.
Based
upon my review of the appeals, the arguments presented in your appeals,
interested party comments, the ARO’s recommendation, the Regional Forester’s
decision is affirmed. No additional
evidence or data was provided to indicate the process used in either the
selection of the alternative and/or the NEPA process was legally flawed. Accordingly, I find that all issues raised
in your appeals were adequately addressed in the EA or DN/FONSI. I also find the decision to be consistent
with all applicable laws, regulations, and Forest Service policies relevant to
land exchanges.
My
decision on these appeals constitutes the final administrative determination of
the Department of Agriculture (36 CFR 215.18).
Sincerely,
/s/
Sally D. Collins (for)
PAUL
BROUHA
Appeal
Deciding Officer
Enclosures
Cc: Regional Forester, R-3
APPELLANTS
Mr.
Scott Zschetzsche (0005)
60017
Cantina Acres
Grants,
NM 87020
Daniel
Gonzales, President (0007)
Lee
A. Maestas, Spokesperson
Board
of Trustees – Cebolleta Land Grant
P.O.
Box 1120
Paguate,
NM 87040
Mr.
Larry Dwyer (0009)
1058
Sunset Road, SW
Albuquerque,
NM 87105
Western
Land Exchange Project (0009)
Attn: Mr. Erik Ryberg
P.O.
Box 95545
Seattle,
WA 98145
Mr.
Mark Perry (0010)
609
Guadalupe Ct., NW
Albuquerque,
NM 87114
Mr.
John Campbell (0011)
8705
Spain, NE
Albuquerque,
NM 87111
Ms.
Bonita (Bunny) Martinez (0013)
2904
8th St., NW
Albuquerque,
NM 87107
James
Baca, President (0014)
NM
Hunters Association
95
Longview Drive
Tijeras,
NM 87059
INTERESTED PARTY
Mr.
Frank M. Bond
Pecos
Trail Office Compound
1701
Old Pecos Trail
P.O.
Box 4160
Santa
Fe, NM 87502-41160
Btimberlake/wo
Jmwilliams/wo
Cwilliams/wo
Cgonzalez/r3
Lodegaard/r3
Lagpaoa,
cibola nf
Pjackson/r3
Bthackeray/wo
(PLEASE POST)
K:FS:LANDS:MALLEN:program_admin/DG-1570/L-Bar
LE/final-ADO/mba:D-1:10/26/00