Decision Memo Taylor River Land Exchange Under the General Exchange Act of March 20, 1922 as Amended, The Federal Land Policy and Management Act of 1976 as Amended and the Federal Land Exchange Facilitation Act of 1988. Grand Mesa, Uncompahgre and Gunnison National Forests Region 2, USDA Forest Service I. BACKGROUND This land exchange is located within the Gunnison Ranger District of the Gunnison National Forest. Both the Federal lands and the non-federal lands are located along the Taylor River. The parcels being considered begin at the private land boundary, one-half mile below the Taylor Park Reservoir dam, and extend approximately three miles downstream to a point near the confluence of Lottis Creek and Taylor River. The Cockrell Trusts have proposed to exchange three non-federal parcels, totaling 6.798 acres (located with the Taylor River Placer and Taylor River Placer No. 1) in exchange for 12 parcels of National Forest System (NFS) land, totaling 6.66 acres. In order to adequately address resource issues and determine the public interest the non-federal and NFS lands have both been differentiated as stream or non-stream. The non-federal stream parcels are located at the northern and southern extremities of the private land. The non-federal, non-stream parcel is located east of the highway in the vicinity of the cabins and pond described in the following paragraphs. The Federal stream parcels consist of a number of small slivers adjacent to the private land boundary, within the stream channel. Several of these slivers of NFS land are also located adjacent to the highway and fall either entirely or partially within the highway right-of-way. The Federal non-stream parcel is adjacent and to the west of the cabins and pond. Forest Service objectives in pursuing this exchange include resolution of encroachments from private land onto NFS land, including boundary fences, part of a cabin, deck, outbuildings and pond. The Forest Service also desires to acquire more quality fishable stream segments for the public. At the same time, the exchange will reduce the incidence of public misunderstanding regarding public fishing access to this stretch of the river. The intermix of the several extremely small stream parcels of National Forest land with the almost total private ownership of the stream-course makes it difficult for either party to manage this river segment. Also located on NFS land is a water supply line serving the private improvements. It is currently authorized by Special Use Permit, which would be eliminated through this exchange. 1
II. DECISION A. Description of Decision It is my decision to complete the Taylor River Land Exchange as it is currently configured. The United States will convey Federal land for non-federal land as described below. The Federal land constitutes 12 parcels of National Forest System land totaling about 6.66 acres adjacent to and near the Taylor River. They include stream parcels, 2.47 acres and non-stream, 4.19 acres. The parcels are shown in Exhibit A and described in Exhibit B. The Federal mineral estate will be conveyed. The non-federal lands are three parcels owned by the Cockrell Estates. One is at the south end of Taylor River Placer No.1, approximately 2.09 acres. The second is at the north end of Taylor River Placer, approximately 0.518 acres. The third is a non-stream parcel located east of the Taylor River Road, within the Taylor River Placer, approximately 4.19 acres. They are shown in Exhibit A and described in Exhibit B. The mineral estate is included. This land exchange is the most reasonable and effective approach to modify unmanageable land boundaries, acquire additional highly valued recreation fishery and resolve currently existing trespass issues. My decision is supported by documented environmental analysis. An appraisal meeting Federal standards has been prepared for both the Federal and non-federal parcels. The value of the Federal parcels is $279,000. The value of the non-federal parcels is $310,000. A cash equalization payment of $31,000 will be made by the United States to equalize values as required by the Federal Land Policy and Management Act of 1976 and the Land Exchange Facilitation Act of August 20, 1988. B. Reasons for My Decision Approximately 519 linear feet of additional high quality trout stream will become part of the National Forest, accessible and available for public recreation. The conveyance of multiple, essentially non-fishable slivers of stream channel on Federal land will reduce or eliminate inadvertent trespass issues and improve boundary management for both the Forest Service and the landowner. While some fishing pools on Federal land will be exchanged to the private landowner, numerous quality pools (quality meaning more than three feet deep) will be acquired as part of the National Forest in the southern (lower) stream section. This section of stream is of high quality due to its substantial width and that it has a functioning floodplain (vs. those slivers of stream channel that lie along the channelized section of stream adjacent to the highway). The exchange will resolve the encroachment of building and pond structures and boundary monuments onto National Forest System land. The area where the 2
building and pond structures lie is isolated from public access by the adjacent private land and the canyon terrain. The need for a Special Use Permit and the accompanying administrative requirements will be eliminated. II. REASONS FOR CATEGORICALLY EXCLUDING THE DECISION A. Category of Exclusion My decision is categorically excluded from documentation in an environmental assessment or environmental impact statement pursuant to Forest Service Handbook (FSH) 1909.15, 31.12. This project fits within category 7, Sale or exchange of land or interest in land and resources where resulting land uses remain essentially the same. It fits within the context of example b, Exchanging National Forest System lands or interests with a State agency, local government, or other non-federal (individual or organization) with similar resource management objectives and practices. The small physical size of the exchange components and their restricted resource capabilities assure that future management objectives and practices will remain similar. B. Relationship to Extraordinary Circumstances There are no conditions that would constitute a significant effect on an extraordinary circumstance related to the proposed authorization. This conclusion is based on evaluation of the following items: 1. Federally listed Threatened, Endangered, Proposed (TEP) and Forest Service Sensitive Species or their Critical Habitat (Endangered Species Act: Section 7.) Informal consultation with the U.S. Fish and Wildlife Service regarding whether suitable habitat for TEP species is affected or if TEP species are present within the project area has resulted in a negative determination in both instances. Of species identified as sensitive, thirteen species are known to occur, have suitable habitat or could be potentially affected by the proposed exchange. Three species, the Leopard Frog, Boreal Toad and River Otter received a determination of May impact individuals, but not likely to result in a loss of viability on the Planning Area, nor cause a trend to federal listing or a loss of species viability rangewide. The remaining ten species received a determination of No Impact. 2. Floodplains and Wetlands, or Municipal Watersheds The Forest Service has evaluated the proposed exchange in accordance with EO 11988 Floodplains and EO 11990 Wetlands and is in compliance with these orders. 3. Congressionally Designated Areas None of the exchange parcels are located in a Congressionally Designated Area. 3
4. Inventoried Roadless Areas None of the exchange parcels are located in an Inventoried Roadless Area. 5. Research Natural Areas None of the exchange parcels are located in a Research Natural Area. 6. Native American Religious or Cultural Sites, or Areas No American Indian religious or cultural sites were identified in field surveys, and there are none known to exist in the project area. None will be affected. 7. Archaeological Sites or Historic Properties or Areas One potential site, 5GN4950, was identified and submitted to the State Historic Preservation Office (SHPO) for review. In a letter dated 12/18/08, SHPO concurred with the Forest Service recommendation that it was not eligible for the National Register of Historic Places and, as such, issued a finding of no historic properties affected. 8. Withdrawals The Federal lands is currently withdrawn under Power Site Classification 102, S.O. of 5/22/1925. The Bureau of Land Management has indicated that a patent to the Federal land will be issued subject to Section 24 of the Federal Power Act. IV. PUBLIC INVOLVEMENT The proposal for exchange was listed in the Schedule of Proposed Actions for the period of April, 2008 through the present time. The proposal was provided to the Colorado Congressional Delegation, State agencies, Gunnison County Commissioners, Ute Indian Tribes, local residents, environmental groups and others for comment. Public notice of the exchange was published in Gunnison Country Times on June 5, 12, 19 and 26, 2008. The formal notice of scoping and opportunity to comment was published in the Grand Junction Daily Sentinel on June 5, 2008 and a news release was issued on June 1, 2008. No written comments were received and only two phone inquiries requesting additional information were received during the period prior to this Decision. V. PUBLIC INTEREST DETERMINATION After reviewing the record, I am convinced that this land exchange is in the public interest. Per the requirements of 36 Code of Federal Regulations (CFR) 254.3(b)(2)(i), the resource values and public objectives served by acquisition of the non-federal land exceeds those of the tracts of Federal land that are to be conveyed. This exchange will result in acquisition by the United States of two complete segments of high quality fishing stream. The land to be acquired is easily accessible for public use whereas the Federal land being conveyed was either difficult to access because of topography and private land patterns, or of such minor size that it did not present an opportunity for public use or National Forest management. 4
Per 36 CFR 254.3(b)(2)(ii), the intended uses of the NFS land to be conveyed will not substantially conflict with established management objectives on adjacent NFS land. Land conveyed would likely be managed like the adjacent private land: as private fishing grounds. 36 CFR 254.3(h) allows me to reserve rights or retain interests in the Federal land if needed to protect the public interest. Neither scoping nor the environmental analysis identified any critical resources that should be potentially protected through reservations or retained interests. Therefore I have determined that neither is necessary. VI. FINDINGS REQUIRED BY OTHER LAWS AND FOREST SERVICE POLICY Federal Land Policy Management Act of 1976 (FLPMA): The exchange will be completed under the authority of, and in accordance with, the Federal Land Policy and Management Act of October 21, 1976, as amended (43 U.S.C. 1716), the General Exchange Act of 1922 and the Federal Land Exchange Facilitation Act of August 20, 1988. National Forest Management Act: The exchange is consistent with the 1983 Grand Mesa, Uncompahgre and Gunnison National Forests (GMUG NF) Land and Resource Management Plan (as amended in 1991). Management Indicator Species (MIS) identified in the GMUG NF Forest Plan (1991; 2005 MIS amendment) were considered in the Biological Evaluations for the affected area, prepared January 28, 2009 and effects of the action were analyzed. The proposed activity is determined to have minimal impact or have no measurable impact on MIS. National Environmental Policy Act (NEPA): This land exchange is categorically excluded from documentation in an environmental assessment or environmental impact statement pursuant to Forest Service Handbook (FSH) 1909.15; Chapter 31.1; Section 31.12; Category #7. Environmental review is documented by this Decision Memo and supporting information contained in the project files. National Historic Preservation Act (NHPA): The Federal parcels were inventoried and the Forest Service has determined that no significant cultural resources will be affected by the proposal. The Colorado State Historic Preservation Office has concurred. The non-federal parcels were not inventoried. Environmental Justice (Executive Order 12898): This Order requires consideration of whether projects would disproportionately impact minority or low-income populations. This decision complies with the Act as it is not expected to adversely impact minority or low income populations. Effects of Action on Social Groups: There will be no effects on minorities, Native Americans, women or the civil liberties of any other American citizen. 5
Effects on Prime Rangeland, Forest Land and Farm Land: The decision is in compliance with Federal Regulations for prime range, forest and farm lands. There will be no effect on NFS grazing allotments or forested lands. Energy Requirements and Conservation Potential: The action will not result in a change in energy requirements or conservation potential. Air Quality: The project will have no effect on air quality. Wild and Scenic Rivers Act: There are no designated wild or scenic rivers impacted by the exchange of the subject lands. Endangered Species Act: There are no conditions that would constitute a significant effect on Threatened, Endangered and Proposed species. See Section II.B.1 of this document. VII. ADMINISTRATIVE REVIEW OR APPEAL This decision is not subject to administrative appeal pursuant to 36 CFR 215.12(f). VIII. IMPLEMENTATION DATE This decision may be implemented immediately. IX. CONTACT PERSON Further information about this decision can be obtained from Dennis Hovel, Land Exchange Coordinator, Grand Mesa, Uncompahgre and Gunnison National Forests, 2250 Highway 50, Delta CO 81416; Phone (970) 874-6644; FAX (970) 874-6698; or electronically at dhovel@fs.fed.us. X. RESPONSIBLE OFFICIAL /s/corey P. Wong (for) CHARLES S. RICHMOND Forest Supervisor Grand Mesa, Uncompahgre and Gunnison National Forests USDA, Forest Service 5/12/10 DATE 6