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USDA Forest Service USDA· -- . DECISION MEMO ISOLATED OR PRE-ANILCA CABIN PERMIT RENEWALS 2015 U.S. FOREST SERVICE, TONGASS NATIONAL FOREST ADMIRALTY ISLAND NATIONAL MONUMENT & JUNEAU RANGER DISTRICT BACKGROUND The Forest Service is considering the reissuance of cabin and tent platform pennits located on Admiralty Island National Monument and Juneau Ranger District that expire on December 31, 2014. The permitted structures include one tent platform, four pre-ANILCA cabins, and 22 isolated cabin permits all located on the two districts. The new permits will extend the authorization for a five-year period. All are existing structures; no new structures are proposed. These structures do not include public use recreation cabins available for rent from the Forest Service. They are private cabins, most of which were built in the 1950's and 1960's for the purposes of hunting, fishing and other traditional uses. Four of these permits are located on the Juneau Ranger District with the remaining 23 on Admiralty National Monument within the Kootznoowoo Wilderness. They are authorized under the Alaska National Interest Lands Conservation Act of 1980 (ANILCA) and Title 36 Code of Federal Regulations, Section 251, Subpart B. Direction for Special Use Administration pertaining to these pennits is detailed in Forest Service Manual (FSM) 2720, Forest Service Handbook (FSH) 2709.11, Chapter 40 Special Uses Administration, Section 41.2'- Individual Use (RIO supplement): 41.2- Individual Use 1. Administration of ANILCA Shelters/Temporary Facilities in Alaska. This section of the supplement provides guidance for individual private use shelters. ANILCA shelters associated with an outfitter and guide operation (section 41.53), or used for commercial operations (section 45) are addressed.in other portions of this supplement. a. Authority. ANILCA Section 1316 and the Organic Act of 1897. b. Objectives. (1) Authorize the minimum facilities directly and necessary related to the taking of fish and wildlife. (2) Minimize the impact oftemporilry facilities on other forest users (3) Ensure that temporary facilities do not evolve into permanent structures or occupancies on National Forest System lands. · (4) Ensure the safety of the general public and the permit holders. (5) Protect the forest environment including soil, vegetation, water quality, wildlife, air quality and historic resources, and control of invasive species. (6) Comply with requirements for protection of threatened and endangered species, historic structures and archaeological properties. (7) Maintain the national forest setting by requiring the use of materials that blend - Decision Memo - Page 1 of 10 USDA ~ with and are compatible with the surrounding landscape. (8) Continue uses associated with the taking of fish and wildlife per ANILCA section 1316. c. Policy. On all public lands where the taking of fish and wildlife is permitted in accordance with the provisions of ANILCA section 1316, or other applicable State and Federal law, the Forest Service shall permit, subject to reasonable regulation to ensure compatibility, the continuance of existing uses, and the future establishment and use of temporary campsites, tent platforms, shelters, and other temporary facilities and equipment directly and necessarily related to such activities. The Authorized Officer may determine, after adequate notice, that the establishment and use of new temporary facilities or equipment constitutes a significant expansion of existing facilities or uses, which would be detrimental to the purposes for which the area was established. In such a case new authorizations may be denied. For shelters in wilderness, temporary facilities will only be authorized when the proposed facilities are directly and necessarily related to the taking of fish and wildlife and the following conditions exist: · • Proposed facilities are needed as practical necessity to conduct legal activities for the taking of fish and wildlife. • Applicant has no practical alternative location on private land, or on NFS land outside of wilderness. Any actions that limit or eliminate existing uses (for example: those established prior to December 2, 1980) are reserved to the Regional Forester. See Rl 0-FSM 2323.04- Respcinsibilities. 2. ANILCA Cabins. (This section applies to all ANILCA section 1303 cabins both outside and inside of wilderness or wilderness study areas). Permits will be issued under the authority of the Alaska · ·National Interest Lands Conservation Act of December 2, 1980. Permits may be modified to reflect reasonable regulations as may be prescribed by the Secretary of Agriculture due to changes in '· regulations and policy. This includes changes in permit terms, tenure, and fees. All special use permits will be entered into the I-Web special use data system (SUDS). Cabin codes should be reviewed and updated to reflect actual on-the-ground conditions. a. Authority. ANILCA Section 1303(b), (c), and (d), and the Organic Act of 1897 b. Objectives. (1) Maintain remote cabin or residence sites in a natural condition. (2) Ensure safety of the general public and the permit holders. (3) Protect the forest environment including soil, vegetation, water quality, fish, wildlife, air quality, and historic resources. (4) Comply with requirements for protection of threatened and endangered species, historic structures and archaeological properties, and control of invasive species. (5) Maintain the national forest setting by requiring the use of materials that blend with and are compatible with the surrounding landscape. ( 6) Provide for the continuation of traditional uses of existing cabins and related - Decision Memo - Page 2of10 USDA ~ stmctures. c. Policy. ANILCA Sections 1303(b), (c), and (d) provide specific direction for the constmction, use, and occupancy of cabins and other related stmctures existing at the time ANILCA was enacted on Federal Lands, other than National Parks in Alaska. The specific direction listed her applies to cabins on the National Forest System lands in Alaska, excluding facilities on mining claims. Over time, national policy, in combination with the provisions of ANILCA Section 1303, will result in a noticeable reduction in the number of privately owned cabins on the public lands in Alaska. The differing criteria are a reflection of congressional intent to balance the values to be protected against fair and equitable treatment of persons using and occupying existing cabins on public lands. Any actions that limit or eliminate existing uses (i.e. those established prior to December 2, 1980) are reserved to the Regional Forester. See RlO-FSM 2323.04-Responsibilities. Management Direction provided in Section 2 - ANILCA Cabins applies to authorized cabins under permit as of December 2, 1980 (including pre-ANILCA cabins). DECISION I have decided to authorize the reissuance of permits for the above referenced tent platform, pre­ ANILCA cabins and isolated cabins pennits on Admiralty National Monument and Juneau Ranger District. Under the National Enviromnental Policy Act (NEPA) this activity falls within a category of actions established by the Chief of the Forest Service which normally do not individually or cumulatively have a significant effect on the quality of the human environment and, therefore, may be categorically excluded from documentation in an enviromnental impact statement or environmental assessment. Specifically, this decision may be categorically excluded under 36 CFR 220.6 ( e)(l 5): issuance of a new special use authorization for a new term to replace an existing or expired special use authorization when the only changes are administrative, 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 witfl the terms and conditions of the special use authorization. I find that there are no effects to extraordinary circumstances that would warrant further analysis and documentation in an EA or EIS. I took into accoimt resource conditions identified in agency procedures that should be considered in determining whether impacts to extraordinary circumstances might exist. The locations of the isolated cabin authorizations to be renewed on Admiralty Island National Monument are as follows:· The Bartoo isolated cabin is located on the west side of Admiralty Island's Glass Peninsula between Fools Inlet and Seymour Canal about 1.5 miles South of Fools Point. The permit authorizes use of an existing 12 ft. by 16 ft. cabin and outhouse. The location is described as Section 26, T.44S., R.68E., CRM. The GPS coordinates are N58.021389 and Wl34.233333. The Land Use Designation (LUD) is Wilderness National Monument. The cabin has been under pe1mit since 1965 and permitted to Russell and Alice Bartoo since 1985. - Decision Memo - Page 3of10 USDA· ~ The Bartoo isolated cabin (second permit) is located on the west side of the Glass Peninsula at Hole-in­ the-Wall in Seymour Canal. The permit authorizes use of an existing 12 ft. by 15 ft. cabin with a 5 ft. by 5 ft. storage shed. The location is described as Section 24, T. 45S., R. 69E., CRM. The OPS coordinates are N57.957222 and W134.159444. The LUD is Wilderness National Monument. The cabin has been under permit since 1965 and under permit to Russell and Alice Bartoo since 1985. The Bertholl isolated cabin is located on the west side of Swan Island in Seymour Canal. The permit authorizes use of an existing 19 ft. by 12 ft. cabin. The location is described as Section 33, T.45S., R.69K, CRM. The OPS coordinates are N57.918333 and W134.25611 l. The LUD is Wilderness National Monument, Special Interest Area. The cabin has been under permit since 1964 and permitted to John Bertholl since 1984. The Cameron isolated cabin is located on the north shore of King Salmon Bay along Seymour Canal. The permit authorizes an existing 14 ft. by 16 ft. cabin. The location is described as Section 27, T.44S., R.68E., CRM. The OPS coordinates are N58.029722 and Wl34.284167. The LUD is Wilderness National Monument. The cabin has been under permit since 1958 and permitted to Farlin Cameron since 1961.
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