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Regular Agenda Item 3. E.

Regular BOS Meeting

Meeting Date:	04/19/2022
Submitted For:	Woody Cline	Submitted By:	Cathy Melvin, Executive Assistant
Department:	Board of Supervisors-District 3

Information

Request/Subject

Discussion regarding the Gila County Board of Supervisors entering into a Common Interest Agreement with the Arizona Game and Fish Commission (Commission) and the Arizona Sportsmen for Wildlife Conservation (AZSFWC) collectively as Joint Parties.

Background Information

On October 5, 2021, the Tonto National Forest (TNF) signed the Final Record of Decision for its Travel Management Plan (TMP), closing segments of the Cherry Creek Road (FR 203) and Aztec Peak Road (FR 487) to public travel due to alleged intrusions into the Sierra Ancha Wilderness as the wilderness is depicted in the 1965 map that the Forest Service provided to Congress under Section 3(a)(1) of the Wilderness Act.

Each of the joint parties in the Common Interest Agreement submitted comments with TNF opposing the closure of FR 203 and FR 487. The joint parties possess historical documents relevant to the historical use and maintenance of FR 203 and FR 487. The FR 203 provides the only motorized 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 FR 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 TNF 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. The access to the Aztec Peak FR 487 is critical to provide essential services that include routine maintenance of the repeater site. The repeater must be maintained for public safety and first responder purposes. Further, this would also include maintenance of the TNF look-out tower which is essential to our county constituents for early fire detection.

Evaluation

It would be beneficial for the Gila County Board of Supervisors to enter into the Common Interest Agreement with the Arizona Game and Fish Commission, and the Arizona Sportsmen for Wildlife Conservation collectively as joint parties to address their common interests and to undertake factual investigation and legal research and pool their individual work product.

Conclusion

It would be beneficial to the Board of Supervisors to enter into this Common Interest Agreement to exchange certain information, pool certain of its individual work product, and cooperate in certain legal claims with the Arizona Game and Fish Commission and Arizona Sportsmen for Wildlife Conservation.

Recommendation

It is recommended that the Gila County Board of Supervisors enter into the Common Interest with Arizona Game and Fish Commission and the Arizona Sportsmen for Wildlife Conservation to collectively work together to address the closure of the FR 203 and FR 487 located in the Tonto National Forest.

Suggested Motion

Information/Discussion/Action to enter into the Common Interest Agreement with Arizona Game and Fish Commission and the Arizona Sportsmen for Wildlife Conservation to address the closure of the FR 203 and FR 487 and authorize Jessica Scibelli with the Gila County Attorney's Office to sign the Common Interest Agreement on behalf of the Board of Supervisors. (Woody Cline)

Attachments
Common Interest Agreement