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Specific Allegation: Deciding Official has not made a determination that the project is in the public <br />interest as required by the Forest Plan and the FSM. <br />Discussion: The Forest Plan states: "for proposals made by others, the objective is to decide if the <br />proposal is or could be made consistent with forest-wide and management area standards." Also to be <br />decided is whether the project is in the public's interest in terms of forest wide goals (broad, timeless <br />statements) and objectives (measurable steps or strategies). The EA and DN tie this project to the <br />Forest Plan Goal 2 - Multiple Benefits to People, Objective 2c - Improve the capability of the Forest to <br />sustain desired uses, values, products, and services. <br />Discussion of the availability of decorative rock and other salable or mineral materials from NFS lands <br />was found in the Project Record, under Response to Comments (Project Record, Section 118, Minerals <br />and Energy, Comment #2), and in the Forest Plan FEIS (p. 3-75). Rock that can be harvested by hand on <br />private land, in the vicinity of the project area, has been exhausted (Project Record, Section 118, <br />Purpose & Need, Comment #3). Disposal of mineral materials is at the discretion of the responsible <br />official and is evaluated on a case-by-case basis (36 CFR 228 Subpart C, FSM 2850.3). <br />Though this project responds primarily to a specific public need or interest, the project is consistent with <br />the Goals and Objectives of the Forest Plan. The responsible official has determined that the project, <br />with the associated Design Criteria, complies with Forest Plan standard and guidelines and management <br />area direction (DN/FONSI p. 2). District Ranger Davidson determined that the project was in the public <br />interest using the rationale that the project will be administered and monitored via standard permit <br />oversight, and could be completed with minimal environmental effects (DN/FONSI p. 2). <br />Recommendation: Recommend the District Ranger's decision be affirmed on this issue. <br />Issue 3• Appraisal of market value of mineral materials (violates CFR and FSM) <br />Specific Allegation: The Deciding Official has not made an appraisal of the fair market value as required <br />in 36 CFR 228.48 and FSM 2855. <br />Discussion: An appraisal is not a requirement of the NEPA, and the decision is not voided if an appraisal <br />is lacking. The decision is whether to allow gathering the rock or not. How much to charge the <br />proponent for the rock is not part of the NEPA decision, but is rather an economic evaluation made for <br />fair market value purposes by the Forest Service qualified mineral appraiser. <br />An appraisal is made by a Certified Mineral Examiner, and the Deciding Officer has no influence on the <br />appraisal. The FS must collect market value for the mineral materials when a sale is made, and there <br />must be the prescribed level of accounting for the materials removed. This is entirely out of the realm <br />of NEPA and this decision. <br />Recommendation: Recommend the District Ranger's decisions be affirmed on this issue. <br />Y?.