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1103397
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Mescalero Apache Lands
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1103397
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Mescalero Apache Lands
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Bradley H. Patterson Files (Ford Administration)
Bradley Patterson's Native American Programs Files
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Indians of North America
Public lands
Recreation
Minority businesses
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1976-09-01
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1976
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The original documents are located in Box 4, folder "Mescalero Apache Lands" of the
Bradley H. Patterson Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 4 of the Bradley H. Patterson Files at the
Gerald R. Ford Presidential Library
MEMORANDUM
OF CALL
TO:
Brad
YOU WERE CALLED BY-
YOU WERE VISITED BY-
OF (Organization)
Miss Interior Cummings
PHONE NO.
PLEASE CALL
CODE/EXT.
WILL CALL AGAIN
IS WAITING TO SEE YOU
RETURNED YOUR CALL
WISHES AN APPOINTMENT
MESSAGE
L
Ne per 343-400 release - leaves
M alone until ELSS
transperred
love opposents. r laud is Menables TT diasion kusic
local RECEIVED BY
on
DATE 9/13
TIME
905
STANDARD FORM 63
GPO 333-899
63-108
REVISED AUGUST 1967
GSA FPMR (41 CFR) 101-11.6
Fettrager
505, C/37-66 20
Dogle Klein 505 988 6316
Angela 343-2191 Cummings
1
THE WHITE HOUSE
WASHINGTON
Dev. Plan for SKi
area
E.I.S. - for batts its
aar steps
Gene Guadre
was helping
Angeles Camins
FORD & LIBRARY CERVIC
BLM contacts for
the E15 data
BIA neuth contraily for - Duslop- Carelcat
Trelu will contract this out f
with the trilie under 638
TO Dames More.
THE WHITE HOUSE
WASHINGTON
September 8, 1976
NOTE TO LOREN RIVARD
Question: What is the status
of Interior's staff work on the President's
Memorandum to the Secretary of June 30, 1976
about the Mescalero Apache lands?
It is essential in my opinion that
this be completed SO that the President can
announce it during October.
Second questiom: The Indian Health
Bill, with some slight Senate Amendments,
will probably be passed tonight with a Senate
Roll Call. Then to the House for greased
passage. Am looking forward to the Secretary's
personal advice re signature vs veto.
Read
But Some vow
THE WHITE HOUSE
WASHINGTON
June 30, 1976
MEMORANDUM TO
THE SECRETARY OF THE INTERIOR
THE SECRETARY OF AGRICULTURE
SUBJECT:
Memorandum of Proposed Federal
Action re: Mescalero Apache
Economic Enterprise
I have reviewed reports from your Departments submitted
to me by the Office of Management and Budget concerning
the proposed expansion of the Sierra Blanca ski area in
the Lincoln National Forest in New Mexico.
I have concluded from the reports that the expansion of
Sierra Blanca appears to be in the public interest and
that it can best be accomplished by the Mescalero Apache
Tribe plan which is supported by the Department of the
Interior. This plan requires an Executive Order removing
some 2200 acres of land (the current ski area plus the
area needed for the planned expansion) from the Lincoln
National Forest and placing it under the jurisdiction of
the Department of the Interior (Bureau of Land Management).
The Department would then be able to lease the land to the
Tribe for a substantial period of time, possibly with an
option to purchase, under the Recreation and Public
Purposes Act, 43 U.S.C. SS 869 et seq.
Sierra Blanca is one of the most prominent examples of
successful, tribally-operated economic enterprises in
the country, and your efforts to aid in its expansion
are fully consistent with this Administration's policy
of supporting self-determination and economic self-
sufficiency for American Indians.
Accordingly, I propose to sign an Executive Order of the
sort I have described, dependent upon an assessment of
pertinent environmental considerations. A final deter-
mination with respect to the signing of such a proposed
2
order will be made following the preparation and
consideration of an environmental impact statement
pursuant to the National Environmental Policy Act of
1969, 42 U.S.C. SS 4321 et seq.; and I direct the
Secretary of the Interior to supervise the expeditious
preparation of such an impact statement, with appro-
priate assistance to be provided by the Department of
Agriculture upon request.
HeraldR.
FORD & LIBRAR
MEMORANDUM
OF CALL
TO:
YOU WERE CALLED BY-
YOU WERE VISITED BY-
OF
(Organization) Catherine Linder Findley
PHONE NO.
PLEASE CALL
CODE/EXT.
2594
WILL CALL AGAIN
IS WAITING TO SEE YOU
RETURNED YOUR CALL
WISHES AN APPOINTMENT
MESSAGE
RECEIVED BY
DATE
TIME
STANDARD FORM 63
GPO : 1969-o48-16-80341-1 332-889
63-108
REVISED AUGUST 1967
GSA FPMR (41 CFR) 101-11.6
86/17/M6
THE WHITE HOUSE
ACTION
WASHINGTON
June 15, 1976
MEMORANDUM FOR
THE PRESIDENT
FROM:
JIM CANNON
SUBJECT:
Mescalero Apache Economic
Enterprise,
Attached for your consideration is a proposed memorandum
for the Secretary of Interior and the Secretary of
Agriculture, advising them of proposed Federal action
concerning a proposed expansion of the Sierra Blanca
ski area in the Lincoln Forest in New Mexico.
The federally recognized Mescalero Apache Tribe of
New Mexico wishes to expand its ski resort, Sierra
Blanca, by using approximately 1000 additional acres
of Forest Service land contiguous to the reservation.
Attached at Tab A is a memorandum from Jim Lynn
discussing the Mescalero Apache proposal and the
views of the Departments of Agriculture and Interior.
OMB, Max Friedersdorf, Counsel's Office (Lazarus) and
I recommend approval of the proposed memorandum which
has been cleared by the White House Editorial Office
(Smith).
RECOMMENDATION
That you sign the memorandum at Tab B.
FORD
6/17/76 Missus signed
6/30/76: See
O.
No announcement -per Thym Smil Press offer 6/30/76
notes
June 10, 1976
MEMORANDUM FOR THE RECORD
Subject: Mescalero Apache Economic Enterprise
The President has the authority to "temporarily withdraw
from settlement, location, sale, or entry any of the
public lands of the United States
"
(43 U.S.C. 141.)
With some exceptions not pertinent to lands in New Mexico,
the President has the authority to "set apart and reserve
as national forests, and the President shall, by public
proclamation, declare the establishment of such forests and
&
the limits thereof." (16 U.S.C. 471.)
The President also has the authority "to revoke, modify,
or suspend any and all Executive orders and proclamations "
which established such national forests. (16 U.S.C. 473.)
GERALD FORD LIBRAR
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
APR 6 - 1976
ACTION
MEMORANDUM FOR:
THE PRESIDENT
FROM:
JAMES LYNN
SUBJECT:
Mescalero Apache Economic
Enterprise
The federally recognized Mescalero Apache Tribe of New
Mexico wishes to expand its ski resort, Sierra Blanca,
by using approximately 1000 additional acres of Forest
Service land. The resort is situated on 1240 acres of
Forest Service land contiguous to the reservation. In
order to obtain the financing required to make the
proposed expansion viable, the Mescaleros want the 2240
acres, comprising the present resort and the land for
expansion, transferred to the Department of Interior's
Bureau of Land Management ("BLM").
The Mescaleros have successfully operated this resort
under a combination of 30-year permits (for 80 acres) and
annual permits (for 1160 acres) for the past 12 1/2
years with the assistance of Federal financing, and now
seek expansion for the following reasons:
-- to make a long-term investment in the economic
future of the tribe;
-- to provide over 300 new jobs for tribal members
(achieving almost total employment of the existing
work force) ;
-- to ensure, to the fullest extent possible, that
a new $14M resort hotel complex located on the
reservation will be a profitable venture; and
-- to provide for more expert ski slopes which
would improve the reputation of the operation
and attract additional skiers.
2
The Tribe believes that highly advantageous financing must
be arranged if the proposed expansion is to be viable.
Such financing would consist primarily of Federal grants
and low interest loans.
The Economic Development Administration ("EDA"), and most
other Federal agencies which are a potential source of
loans and grants, have indicated that they are reluctant
to make grants and long-term loans to the Tribe when long-
term tenure is not assured due to the limited authority of
USDA to issue long-term permits for areas exceeding 80 acres.
EDA further indicates that if the land were transferred to
BLM, the broader authority of the Department of Interior
would enhance the possibility of loans and grants to the
Tribe.
The Departments of Agriculture, Interior, and Justice are
generally in favor of the ski resort expansion. However,
USDA believes strongly that the expansion should be done
only under the current Forest Service permit system rather
than under longer-term BLM permits.
The arguments of the Department of Agriculture are as
follows:
1. The proposed action would be in conflict with a
1972 Environmental Impact Statement ("EIS"), which
concluded that it would be in the public interest
for the subject lands to remain a part of the
National Forest. The 1972 EIS had full public
involvement, and there could be litigation challeng-
ing the removal of the lands from the National Forest.
Contra. The 1972 EIS considered only the transfer
of Forest Service land to Trust status, not the
transfer to BLM for long-term leasing to the
Mescaleros. Interior believes that the findings
of adverse environmental effects as described in
the 1972 EIS would no longer be relevant if the
land were transferred to BLM rather than to Trust
status. Because the option to transfer the land
to BLM was not even considered in the 1972 EIS, a
new EIS will be prepared, with full public involve-
ment as required. CEQ attorneys advise that
litigation based upon the previous EIS could,
therefore, not occur.
3
2.
Executive action has never been used to remove land
from the National Forests for Indian purposes. The
proposed action would set a very bad precedent and
could have far-reaching consequences on the National
Forests since many other tribes want National Forest
land for various reasons and purposes. Previously,
it has always been considered advisable to avoid this
precedent and, instead, withdrawal was made by
statute.
Contra. There has been one transfer to Indians by
Executive Order. However, this transfer was not
made for purposes of economic development, but rather
to satisfy claims resulting from a 1908 survey error
when the National Forests reserve was established.
If the transfer were to be made through legislation
rather than by Executive Order, the Tribe would ask
for a transfer of title to be held in trust by
Interior. Transfer by Executive Order will keep the
title in the United States and avoid many of the
environmental objections to Tribal ownership (1972
EIS which opposed transfer).
3. Private ski area developments are operating on nearly
200 Forest Service permitted sites and not experienc-
ing insurmountable difficulties in securing financing.
The annual permits for Forest Service land apparently
are not considered a serious risk in financing these
developments.
Contra. In most private ski developments on Forest
Service land, the valley floor at the base of the
mountain is owned by the investors and it is that
land which is used to secure traditional mortgage
financing. Tribal land by law cannot be mortgaged
to secure financing, and the Mescaleros prefer not to
use other Tribal assets as security.
4. Few lands in National Forests in the Southwest have
greater multiple resource values. Watersheds, a
"cork bark fir" natural area, and hunting rights
might be jeopardized by the proposed transfer. Con-
tinued Forest Service administration would assure
protection and public use of these valuable resources.
Contra. Management of the lands by the BLM will also
result in continued protection of the resource values.
4
An analysis was made of the options available for expansion,
the economic feasibility of the operation, the issue of
setting precedent, and the USDA arguments. Although the
expansion does not appear profitable in a conventional
business sense, on balance, I believe that the best way to
achieve the objective of economic development for the Tribe
will be to transfer, by Executive Order, the acreage com-
prising both the resort and that land needed for the proposed
expansion (2240 acres total) to DOI, Bureau of Land Manage-
ment. BLM can provide the necessary long-term lease (50
years) to ensure the needed expansion.
Prior to signing an Executive Order transferring the acreage
from USDA to DOI, an Environmental Impact Statement will be
completed to ensure full public exposure of this matter.
Therefore, I have attached for your signature a Memorandum
of Proposed Federal Action outlining the actions to be taken.
Attachment
12 R. TORO
THE WHITE HOUSE
WASHINGTON
MEMORANDUM TO:
SECRETARIES OF INTERIOR AND
AGRICULTURE
SUBJECT:
Memorandum of Proposed Federal
Action re: Mescalero Apache
Economic Enterprise
Your Departments have been involved in considering questions
having to do with the proposed expansion of the Sierra
Blanca ski area in New Mexico, which is currently operated
by the Mescalero Apache Tribe of Indians on land located
within the Lincoln National Forest.
I have reviewed papers dealing with these issues prepared
in part by your Departments and submitted to me by the
Office of Management and Budget, and have concluded that
the expansion of Sierra Blanca is in the public interest
and can best be facilitated by the plan suggested by the
Mescalero Apache Tribe and supported by the Department of
the Interior. This plan involves my signing an Executive
Order removing some 2200 acres of land (the current ski
area plus the area needed for the planned expansion) from
the Lincoln National Forest and bringing that land under
the jurisdiction of the Department of the Interior (Bureau
of Land Management), which would then be able to lease it
to the Tribe for a substantial period of time, possibly
with an option to purchase, under the Recreation and Public
Purposes Act, 43 U.S.C. SS 869 et seq.
Sierra Blanca is one of the most prominent examples of
successful, tribally operated economic enterprises in
the country, and your efforts to aid in its expansion are
fully consistent with this Administration's policy of
supporting self-determination and economic self-sufficiency
for American Indians. I am persuaded that no alternative
course of action can assist that expansion as adequately
as the plan I have referred to.
2
Accordingly, I propose to sign an Executive Order of the
sort I have described, dependent upon an assessment of
pertinent environmental considerations. A final determina-
tion with respect to the signing of such a proposed order
will be made following the preparation and consideration
of an environmental impact statement pursuant to the
National Environmental Policy Act of 1969, 42 U.S.C. SS 4321
et seq.; and I direct the Secretary of the Interior to
supervise the expeditious preparation of such an impact
statement, with appropriate assistance to be provided by
the Department of Agriculture upon request.
Gerald R. Ford