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ARF- 7722

Executive Session Item 5. A.

Special BOS Meeting

Meeting Date:	11/29/2022
Submitted For:	Jessica Scibelli
Submitted By:	Jefferson Dalton, Deputy County Attorney, Civil Bureau Chief
Department:	County Attorney

Information

Request/Subject

To go into Executive Session to discuss the legal options regarding the Forest Service 203 Road located in the Sierra Ancha Wilderness, which was closed as a result of the Tonto National Forest Travel Management Plan.

Background Information

The Forest Service 203 Road provides the only motorized roadway access to many historic, privately-owned, occupied homesteads entering the area from Hwy 288, a few miles from the Salt River Diversion and north at Board Tree Saddle. It is also a public roadway used for motorized travel by thousands of visitors seeking to explore the Sierra Ancha Wilderness and surrounding area, such as hunters, hikers, wildland firefighters, first responders, OHV enthusiasts, livestock grazing permittees, and families who live in Young and surrounding communities.

According to the legal description and map submitted to Congress in 1965, several sections of Forest Road 203 are well within the boundary of the Sierra Ancha Wilderness and there are no administrative use needs associated with this road. Without a legislated boundary adjustment, the Forest Service is legally required to decommission this road to comply with the Wilderness Act and can no longer provide any motorized use where it is within the Wilderness Boundary.

In a letter dated April 10, 2016, to Senator John McCain from Neil Bosworth, Tonto National Forest Supervisor, "There are 10.5 miles of Forest Road 203 inside and 30.2 miles outside the Sierra Ancha Wilderness. If Forest Road 203 did not intersect the Sierra Ancha Wilderness, the Forest Service would designate Forest Road 203, in its entirety, as a motorized trail open to all motor vehicles."

Because the 10.5 miles in question lies within the Sierra Ancha Wilderness, the Tonto National Forest is legally required to comply with the Wilderness Act.

In the Travel Management Plan on the Tonto National Forest Draft Record of Decision, Implementation Section, page 33, dated October 2019 it states:

"Forest Service Road 203, also known as Cherry Creek Road, will be closed to all motor vehicle use until such time as this route is no longer within the designated boundary of the Sierra Ancha Wilderness. When this route is no longer within the Wilderness Area or as otherwise authorized by Congressional Action, it will be opened and designated as a full-sized motorized trail. The effects of both of these actions have been described in chapter 2 and analyzed by resource area in chapter 3 in the final environmental impact statement."

Cherry Creek Road is now closed and the Board of Supervisors needs to decide how to legally proceed.

Evaluation

The Board of Supervisors needs to be presented with the most recent information pertaining to the legal options that the County has and provide direction to its attorneys, so an executive session is appropriate.

Conclusion

It is appropriate that the Gila County Board of Supervisors hold an executive session under A.R.S. § 38-431.03(A)(3) to discuss the most recent information pertaining to the Forest Service Road 203 closure and the legal options for the County.

Recommendation

The Gila County Attorney's Office recommends that the Gila County Board of Supervisors vote to go into executive session, under A.R.S. § 38-431.03(A)(3), to discuss and consult with its attorneys regarding the legal options for the County.

Suggested Motion

Information/Discussion/Action to vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) for discussions and consultation for legal advice regarding the potential legal options for the County and authorize its attorneys to proceed as discussed in executive session. (Jessica Scibelli)

Attachments
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