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DECISION MEMO

for

SPECIAL USE AUTHORIZATION (SUA) OUTFITTER/GUIDE MULTI-YEAR PERMITS

USDA FOREST SERVICE - KAIBAB NATIONAL FOREST

NORTH KAIBAB RANGER DISTRICT MOHAVE & COCONINO COUNTIES, ARIZONA

I. Decision and Rationale

My decision is to re-issue multi-year (5-year) Special Use Authorizations for continued operations on the North Kaibab Ranger District (NKRD) for the following outfitter/guide permits holders:

Escape Adventures Inc.: Mountain bike tours, authorized since 1995.

Western Spirit Cycling: Mountain bike tours, authorized since 1999.

Rim Tours: Mountain bike tours, authorized since 1998.

Magpie Adventures: Mountain bike tours, authorized since 1992.

Grand Canyon Field Institute: Conservation education/wilderness skills/backpack trips within

Kanab Creek and Saddle Mountain Wilderness, authorized since 1999.

National Outdoor Leadership School (NOLS): Conservation education /wilderness

skills/backpack trips within Kanab Creek Wilderness, authorized since 1998.

Arizona Board of Regents (Northern Arizona University): Conservation education,

wilderness skills and backpack trips within Kanab Creek Wilderness, authorized since

1998.

Lost Spring Outfitters: Guided hunting trips, units 12A east & 12A west, authorized since

2001.

Johnson Brothers Guide Service: Guided hunting trips, units 12A east & 12A west,

authorized since 2001.

XP Rides: Endurance horse ride event, authorized since 1998.

This Decision has been made following a process, which included; a review of the project area and proposed action, a review of the Forest Service regulations concerning existing and recently expired special use authorization permits and related recreation event activities, and a review of the Forest Plan (i.e., the Kaibab National Forest Land Management Plan, April 1988, as amended), as well as internal scoping and review by the Forest Service Interdisciplinary Team of resource specialists to identify any potential concerns or issues that might be applicable to the proposed activity/area. The proposed term of each permit issued to the outfitter/guides is based upon their past service years on the North Kaibab Ranger District. Each of the following outfitters are in good standing with the North Kaibab Ranger District, have provided quality services for their clients, comply with the terms and conditions of their passed permits and annual operating plans, and have taken care of all financial requirements of their permits.

Decision Memo for Special Use Authorization (SUA) Outfitter/Guide Multi-Year Permits

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The authorization of the Special Use permits on the NKRD will meet the requirements of Federal regulations (36 CFR Part 251, Subpart B-Special Uses) and Forest Service regulations. Forest Service regulations require the applicant to: submit an annual operating plan that complies with the decision requirements; provide proof of insurance (Certificate of Insurance); pay any necessary fees; post any necessary bonds; and secure any state or federal permits or authorizations required by law.

II. Background

When a multi-year special use authorization (SUA) reaches expiration the permit holder, if in good standing, is eligible for another multi-year permit. The intent of this CE is to re-issue those specified SUAs for a term of 5 years. The previous categorical exclusion (CE) and decision Memo (DM) were completed in February, 2007, and the accompanying Biological Evaluation (BE) was completed in July, 2006. The proposed term of each permit issued is based upon past service years on the NKRD. Each of the listed outfitters are in good standing with the North Kaibab Ranger District, have provided quality services for their clients, comply with the terms and conditions of the previous permits and are current on all bills due the government for permitted activities. Outfitters and guide operations on the NKRD occur infrequently and with few members in any one group, typically fewer than 10 participants. Groups use established dispersed campsites with existing fire rings and appropriate RV or tent sites to accommodate their group size and vehicles. Guides are not allowed to manipulate vegetation and adhere to Leave No Trace principles. Guides utilize existing trails and roads, and do not create or utilize social trails. Each SUA will maintain the necessary annual documentation to fulfill the requirements as determined in the Forest Service Manual and Handbook for Special Uses administration. This action is “categorically excluded” from documentation in an environmental impact statement (EIS) or environmental assessment (EA) because there are no extraordinary circumstances related to the proposed action. The proposed action/event fits is suitable for categorical exclusion under Forest Service Handbook (FSH 1909.15 -32.2(15), as indicated below:

Special Use Authorization Permit Locations:

Special Use Authorizations (SUAs) are not limited to travel in specific locations on the NKRD; SUA permit holders will utilize the existing or authorized system roads, trails, and dispersed campsites. Annual operating plans outline trip itineraries and trip locations are approved on an annual basis. The following locations are the primary use areas of each SUA:

Guided hunts: Units 12A west & 12A east (a majority of the Kaibab Plateau). Mountain bike tours: Rainbow Rim vicinity & Arizona Trail. Backpack trips: Kanab Creek & Saddle Mountain Wilderness. Endurance horse ride: Dry Park meadow and Rainbow Rim vicinity.

“The issuance of a new SUA for a new term to replace an existing or expired SUA when the only changes are administrative, and there are not changes to the authorized facilities or increases in the scope or intensity of authorized activities, and the applicant or holder is in full compliance with the terms and conditions of the SUA.” [Cited as category 36 CFR 220.6(e)(15) from 1909.15 -32.2(15)]

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III. Findings:

Based on a review of the permit renewal and re-issuance for existing special uses by the Forest Service’s Inter-disciplinary Team (IDT), and review of other applicable laws, rules and regulations, it was determined that no “extraordinary circumstances” exist which would preclude the proposed activities from being approved or continued.

Internal Scoping and Review of Permit Renewal Information: IDT Resource specialists reviewed and provided feedback to the Project Lead with regard to each resource area that could potentially be affected by the proposed activity. Internal scoping comments from February-March of 2012 indicated that the proposed activity of permit renewals would result not result in any significant impacts to resources. The project record and electronic copies of resource specialists’ comments are stored electronically on the O-Drive: O:\NFS\Kaibab\Program\1900Planning\1950EnviroPolicyProcedures\NKRD\SUPs-Special Use permits\1950_1_d3_OutfitterGuide_multiyr_permits

Findings Required by Other Laws, Rules, and/or Regulations (as amended):

The issuance or re-authorization of SUA permits is consistent with all other Federal, State, and/or local laws or requirements for the protection of the environmental and cultural resources. Resource conditions considered in determining whether extraordinary circumstances exist, as they relate to the proposed action and whether or not they warrant further analysis included, but were not limited to, the following: (1) Federally listed threatened or endangered species or designated critical habitat, species

proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species; {Project resource specialists evaluated the proposed activity of permit renewals for compliance with the Endangered Species Act and other laws, rules, and regulations (as applicable), and determined that there were no effects which required further Environmental Analysis. The decision is fully consistent with the National Environmental Policy Act of 1969, as amended. In order to educate and make each permit holder aware of any mitigation measures (see Appendix A); the “California condor mitigation measures” must be attached to each permit’s terms and conditions.}

(2) Flood plains, wetlands, or municipal watersheds; {The action of reauthorization of the 5-year SUA permits will not affect or have any impact on floodplains, wetlands, or municipal watersheds; utilizing existing trails systems, structures, and facilities (including trails) on the NKRD will result in no adverse effects to riparian areas.}

(3) Congressionally designated areas, such as wilderness, wilderness study areas, or national

recreation areas; {Two of the SUA permit holders will be permitted to utilize the Saddle Mountain and Kanab Creek Wilderness areas for their guided outfitter trips. Utilization of the wilderness areas by the outfitter guides will be in accordance with applicable laws, rules, and regulations. The special use permit renewal activity will not impact any wilderness or wilderness study areas.}

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(4) Inventoried roadless areas or potential wilderness areas; {The special use permit renewal will not impact any inventoried roadless areas, or potential wilderness or wilderness study areas.}

(5) Research natural areas; {The special use permit renewals will not affect any research natural areas.}

(6) American Indians religious or cultural sites, and (7) Archaeological sites, or historic properties or areas The National Historic Preservation Act of 1966, as amended – (Native American Religious or Cultural Sites, Archaeological Sites, or Historic Properties or Areas): This decision complies with Section 106 of the National Historic Preservation Act and the Archaeological Resources Protection Act. Surveys were conducted for Native American religious or cultural sites, archaeological sites, and historic properties or areas that may be affected by this decision (see Multi-years Outfitters and Guides Special Use Permits EZ form in the Project Record). There will be no effects to archeological resources (see Multi-years Outfitters and Guides Special Use Permits EZ form in the Project Record). The Forest consulted with potentially affected tribes. The intent of this consultation has been to remain informed about Tribal concerns. No tribal concerns were identified in regards to reauthorization of the SUA permits (see Multi-years Outfitters and Guides Special Use Permits EZ form in the Project Record/Permit renewal files). The mere presence of one or more of these resource conditions and/or the associate laws, rules, and regulations does not preclude use of a categorical exclusion (CE). It is the existence of a cause-effect relationship between a proposed action and the potential effect on these resource conditions and if such a relationship exists, the degree of the potential effect of a proposed action on these resource conditions that determine whether extraordinary circumstances exist. Other Laws or Requirements: Additionally, the following laws rules and regulations were considered regarding the decision making process for the proposed action or activity. Examples include, but are not limited to the Clean Water Act (1972), the Grand Canyon Game Preserve Act of 1919, the National Forest Management Act of 1976, and all other relevant laws and regulations under which the Forest Service operates. The proposed activity does not violate any of these known laws, rules, or regulations. Migratory Bird Treaty Act of 1918, - There will be no known losses of migratory bird habitat expected from the implementation of this action.

Forest Plan Consistency (National Forest Management Act) - This Act requires the development of long-range land and resource management plans (Forest Plans). The Kaibab National Forest Land Management Plan (April 1988, as amended) hereafter referred to as the Forest Plan was reviewed in consideration of this permit renewal process. This decision is responsive to guiding direction contained in the Forest Plan. The proposed permit areas extend across most locations of the NKRD, but most of all the permitted activities (excluding guided hunting trips) are confined to utilizing existing trails, structures and/or facilities already established on the Kaibab Plateau. The proposed action of administratively issuing or re-authorizing the renewal of the 5-year outfitter guide permits is consistent with the Forest Plan forest-wide and management area goals, direction, standards, and guidelines.

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Sensitive Species (Forest Service Manual 2670) - This Manual direction requires analysis of potential impacts to sensitive species, those species (plants and animal) for which the Regional Forester has identified population viability is a concern. This decision will have “no impact” on sensitive species, management indicator species, or migratory birds (see Multi-years Outfitters and Guides Special Use Permits EZ form in the Project Record/Permit renewal files). Per 36 CFR 220(6)(e), the proposed action is categorically excluded from further environmental analysis in either an EA or EIS. However, per FSH 1909.15, 32.2, the supporting record is required, and the decision to proceed must be documented in a decision memo (i.e., this document). A project case file is required and will be maintained for this Decision Memo. The project or case file should contain the supporting documents, references, and/or record. As a minimum, the project or case file should include any records prepared, such as: the names of interested and affected people, groups, and agencies contacted; the determination that no extraordinary circumstances exist; a copy of the decision memo; and a list of the people notified of the decision. The Special Use Authorization Outfitter/Guide Multi-Year Permits Decision Memo case file will be maintained and will be available for review at the North Kaibab Ranger District office located in Fredonia, Arizona.

IV. Public Involvement

The Forest Service did solicit input or comments from certain interest groups or stakeholders as part of the Scoping process for this proposed activity through a mailing and/or on-line notification process that lasted 30-days. Scoping for this proposed action and opportunity to comment on the categorical exclusion was performed to a refined listing of potential stakeholders for the North Kaibab Ranger District regarding such activities. A legal notice was published in the Flagstaff’s Arizona Daily Sun (the newspaper of record) on Saturday – August 25, 2012. The official opportunity to comment and Public Scoping period started August 26, 2012 and ended September 24, 2012. No comments were received during the 30-day public review/comment period. This action was also listed on the USDA Forest Service web site at the following like: http://www.fs.fed.us/nepa/fs-usda-pop.php/?project=38905.

V. Appeal Review (Appeal) Opportunities

In light of a recent court ruling (Sequoia Forest Keeper v. Tidwell, 11-cv-00679-LJO-DLB (E.D. Cal.)), the Forest Service will provide public notice, comment, and opportunity for administrative appeal for projects and activities documented with a “Decision Memo” (36 CFR 220.6(e)) until new instructions are issued by the Washington Office, or the Agency issues regulations addressing the Court’s ruling. No comments or only supportive comments were received during the public scoping and 30-day public review period for the proposed action; therefore this decision is not subject to appeal per 36 CFR 215.12.

VI. Implementation Date

This Decision may be implemented immediately after publication of the notice of the decision is made in the newspaper of record (i.e., Flagstaff’s Arizona Daily Sun the newspaper of record).

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APPENDIX – A

TERMS OF DECISION “DESIGN SPECIFICATIONS AND MITIGATION MEASURES”

As part of the terms of the Decision, the following is a listing of Resource Area specific Design Specifications, Restrictions, Mitigation Measures and Best Management Practices that are to be applied to the proposed permit renewal activity and implementation thereof:

CALIFORNIA CONDOR CONSERVATION MEASURES

1) Prior to the start of the permitted activities, the District will contact personnel monitoring

California condor locations and movement to determine the locations and status of condors in or near the project area.

2) If condor nesting activity is known within 0.5 miles of the project area, then activity in the project area will be restricted during the active nesting season.

3) If a condor occurs at the construction site, activity that may result in injury to the individual will cease until it leaves on its own or until techniques are employed by permitted personnel which results in the individual condor leaving the area.

4) Project workers and supervisors will be instructed to avoid interaction with condors and to immediately contact the appropriate District or Peregrine fund personnel if and when condors occur at a construction site.

5) No non-permitted personnel will haze condors.

6) The project site and associated (e.g., camp) areas will be cleaned up at the end of each day the work is being conducted (e.g., trash removed, scrap materials picked up) to minimize the likelihood of condors visiting the site.

7) To prevent water contamination and potential poisoning of condors, a vehicle fluid-leakage and spill plan will be developed and implemented. It will include provisions for immediate clean-up of any hazardous substance, and will define how each hazardous substance will be treated in case of leakage or spill.