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    "label": "Mescalero Apache Lands",
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    "contentType": "document",
    "title": "Mescalero Apache Lands",
    "citationUrl": "https://catalog.archives.gov/id/1103397",
    "collections": [
        "Bradley H. Patterson Files (Ford Administration)",
        "Bradley Patterson's Native American Programs Files"
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    "subjects": [
        "Indians of North America",
        "Public lands",
        "Recreation",
        "Minority businesses"
    ],
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    "naId": 1103397,
    "coverageEndDate": {
        "logicalDate": "1976-09-01",
        "month": 9,
        "year": 1976
    },
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        "logicalDate": "1976-04-01",
        "month": 4,
        "year": 1976
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{
    "seq": 1,
    "pageIndex": 0,
    "type": "document",
    "url": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/97/1033/1103397/content/library/document/0142/1103397.pdf",
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    "ocrText": "The original documents are located in Box 4, folder \"Mescalero Apache Lands\" of the\nBradley H. Patterson Files at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nDigitized from Box 4 of the Bradley H. Patterson Files at the\nGerald R. Ford Presidential Library\nMEMORANDUM\nOF CALL\nTO:\nBrad\nYOU WERE CALLED BY-\nYOU WERE VISITED BY-\nOF (Organization)\nMiss Interior Cummings\nPHONE NO.\nPLEASE CALL\nCODE/EXT.\nWILL CALL AGAIN\nIS WAITING TO SEE YOU\nRETURNED YOUR CALL\nWISHES AN APPOINTMENT\nMESSAGE\nL\nNe per 343-400 release - leaves\nM alone until ELSS\ntransperred\nlove opposents. r laud is Menables TT diasion kusic\nlocal RECEIVED BY\non\nDATE 9/13\nTIME\n905\nSTANDARD FORM 63\nGPO 333-899\n63-108\nREVISED AUGUST 1967\nGSA FPMR (41 CFR) 101-11.6\nFettrager\n505, C/37-66 20\nDogle Klein 505 988 6316\nAngela 343-2191 Cummings\n1\nTHE WHITE HOUSE\nWASHINGTON\nDev. Plan for SKi\narea\nE.I.S. - for batts its\naar steps\nGene Guadre\nwas helping\nAngeles Camins\nFORD & LIBRARY CERVIC\nBLM contacts for\nthe E15 data\nBIA neuth contraily for - Duslop- Carelcat\nTrelu will contract this out f\nwith the trilie under 638\nTO Dames More.\nTHE WHITE HOUSE\nWASHINGTON\nSeptember 8, 1976\nNOTE TO LOREN RIVARD\nQuestion: What is the status\nof Interior's staff work on the President's\nMemorandum to the Secretary of June 30, 1976\nabout the Mescalero Apache lands?\nIt is essential in my opinion that\nthis be completed SO that the President can\nannounce it during October.\nSecond questiom: The Indian Health\nBill, with some slight Senate Amendments,\nwill probably be passed tonight with a Senate\nRoll Call. Then to the House for greased\npassage. Am looking forward to the Secretary's\npersonal advice re signature vs veto.\nRead\nBut Some vow\nTHE WHITE HOUSE\nWASHINGTON\nJune 30, 1976\nMEMORANDUM TO\nTHE SECRETARY OF THE INTERIOR\nTHE SECRETARY OF AGRICULTURE\nSUBJECT:\nMemorandum of Proposed Federal\nAction re: Mescalero Apache\nEconomic Enterprise\nI have reviewed reports from your Departments submitted\nto me by the Office of Management and Budget concerning\nthe proposed expansion of the Sierra Blanca ski area in\nthe Lincoln National Forest in New Mexico.\nI have concluded from the reports that the expansion of\nSierra Blanca appears to be in the public interest and\nthat it can best be accomplished by the Mescalero Apache\nTribe plan which is supported by the Department of the\nInterior. This plan requires an Executive Order removing\nsome 2200 acres of land (the current ski area plus the\narea needed for the planned expansion) from the Lincoln\nNational Forest and placing it under the jurisdiction of\nthe Department of the Interior (Bureau of Land Management).\nThe Department would then be able to lease the land to the\nTribe for a substantial period of time, possibly with an\noption to purchase, under the Recreation and Public\nPurposes Act, 43 U.S.C. SS 869 et seq.\nSierra Blanca is one of the most prominent examples of\nsuccessful, tribally-operated economic enterprises in\nthe country, and your efforts to aid in its expansion\nare fully consistent with this Administration's policy\nof supporting self-determination and economic self-\nsufficiency for American Indians.\nAccordingly, I propose to sign an Executive Order of the\nsort I have described, dependent upon an assessment of\npertinent environmental considerations. A final deter-\nmination with respect to the signing of such a proposed\n2\norder will be made following the preparation and\nconsideration of an environmental impact statement\npursuant to the National Environmental Policy Act of\n1969, 42 U.S.C. SS 4321 et seq.; and I direct the\nSecretary of the Interior to supervise the expeditious\npreparation of such an impact statement, with appro-\npriate assistance to be provided by the Department of\nAgriculture upon request.\nHeraldR.\nFORD & LIBRAR\nMEMORANDUM\nOF CALL\nTO:\nYOU WERE CALLED BY-\nYOU WERE VISITED BY-\nOF\n(Organization) Catherine Linder Findley\nPHONE NO.\nPLEASE CALL\nCODE/EXT.\n2594\nWILL CALL AGAIN\nIS WAITING TO SEE YOU\nRETURNED YOUR CALL\nWISHES AN APPOINTMENT\nMESSAGE\nRECEIVED BY\nDATE\nTIME\nSTANDARD FORM 63\nGPO : 1969-o48-16-80341-1 332-889\n63-108\nREVISED AUGUST 1967\nGSA FPMR (41 CFR) 101-11.6\n86/17/M6\nTHE WHITE HOUSE\nACTION\nWASHINGTON\nJune 15, 1976\nMEMORANDUM FOR\nTHE PRESIDENT\nFROM:\nJIM CANNON\nSUBJECT:\nMescalero Apache Economic\nEnterprise,\nAttached for your consideration is a proposed memorandum\nfor the Secretary of Interior and the Secretary of\nAgriculture, advising them of proposed Federal action\nconcerning a proposed expansion of the Sierra Blanca\nski area in the Lincoln Forest in New Mexico.\nThe federally recognized Mescalero Apache Tribe of\nNew Mexico wishes to expand its ski resort, Sierra\nBlanca, by using approximately 1000 additional acres\nof Forest Service land contiguous to the reservation.\nAttached at Tab A is a memorandum from Jim Lynn\ndiscussing the Mescalero Apache proposal and the\nviews of the Departments of Agriculture and Interior.\nOMB, Max Friedersdorf, Counsel's Office (Lazarus) and\nI recommend approval of the proposed memorandum which\nhas been cleared by the White House Editorial Office\n(Smith).\nRECOMMENDATION\nThat you sign the memorandum at Tab B.\nFORD\n6/17/76 Missus signed\n6/30/76: See\nO.\nNo announcement -per Thym Smil Press offer 6/30/76\nnotes\nJune 10, 1976\nMEMORANDUM FOR THE RECORD\nSubject: Mescalero Apache Economic Enterprise\nThe President has the authority to \"temporarily withdraw\nfrom settlement, location, sale, or entry any of the\npublic lands of the United States\n\"\n(43 U.S.C. 141.)\nWith some exceptions not pertinent to lands in New Mexico,\nthe President has the authority to \"set apart and reserve\nas national forests, and the President shall, by public\nproclamation, declare the establishment of such forests and\n&\nthe limits thereof.\" (16 U.S.C. 471.)\nThe President also has the authority \"to revoke, modify,\nor suspend any and all Executive orders and proclamations \"\nwhich established such national forests. (16 U.S.C. 473.)\nGERALD FORD LIBRAR\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nAPR 6 - 1976\nACTION\nMEMORANDUM FOR:\nTHE PRESIDENT\nFROM:\nJAMES LYNN\nSUBJECT:\nMescalero Apache Economic\nEnterprise\nThe federally recognized Mescalero Apache Tribe of New\nMexico wishes to expand its ski resort, Sierra Blanca,\nby using approximately 1000 additional acres of Forest\nService land. The resort is situated on 1240 acres of\nForest Service land contiguous to the reservation. In\norder to obtain the financing required to make the\nproposed expansion viable, the Mescaleros want the 2240\nacres, comprising the present resort and the land for\nexpansion, transferred to the Department of Interior's\nBureau of Land Management (\"BLM\").\nThe Mescaleros have successfully operated this resort\nunder a combination of 30-year permits (for 80 acres) and\nannual permits (for 1160 acres) for the past 12 1/2\nyears with the assistance of Federal financing, and now\nseek expansion for the following reasons:\n-- to make a long-term investment in the economic\nfuture of the tribe;\n-- to provide over 300 new jobs for tribal members\n(achieving almost total employment of the existing\nwork force) ;\n-- to ensure, to the fullest extent possible, that\na new $14M resort hotel complex located on the\nreservation will be a profitable venture; and\n-- to provide for more expert ski slopes which\nwould improve the reputation of the operation\nand attract additional skiers.\n2\nThe Tribe believes that highly advantageous financing must\nbe arranged if the proposed expansion is to be viable.\nSuch financing would consist primarily of Federal grants\nand low interest loans.\nThe Economic Development Administration (\"EDA\"), and most\nother Federal agencies which are a potential source of\nloans and grants, have indicated that they are reluctant\nto make grants and long-term loans to the Tribe when long-\nterm tenure is not assured due to the limited authority of\nUSDA to issue long-term permits for areas exceeding 80 acres.\nEDA further indicates that if the land were transferred to\nBLM, the broader authority of the Department of Interior\nwould enhance the possibility of loans and grants to the\nTribe.\nThe Departments of Agriculture, Interior, and Justice are\ngenerally in favor of the ski resort expansion. However,\nUSDA believes strongly that the expansion should be done\nonly under the current Forest Service permit system rather\nthan under longer-term BLM permits.\nThe arguments of the Department of Agriculture are as\nfollows:\n1. The proposed action would be in conflict with a\n1972 Environmental Impact Statement (\"EIS\"), which\nconcluded that it would be in the public interest\nfor the subject lands to remain a part of the\nNational Forest. The 1972 EIS had full public\ninvolvement, and there could be litigation challeng-\ning the removal of the lands from the National Forest.\nContra. The 1972 EIS considered only the transfer\nof Forest Service land to Trust status, not the\ntransfer to BLM for long-term leasing to the\nMescaleros. Interior believes that the findings\nof adverse environmental effects as described in\nthe 1972 EIS would no longer be relevant if the\nland were transferred to BLM rather than to Trust\nstatus. Because the option to transfer the land\nto BLM was not even considered in the 1972 EIS, a\nnew EIS will be prepared, with full public involve-\nment as required. CEQ attorneys advise that\nlitigation based upon the previous EIS could,\ntherefore, not occur.\n3\n2.\nExecutive action has never been used to remove land\nfrom the National Forests for Indian purposes. The\nproposed action would set a very bad precedent and\ncould have far-reaching consequences on the National\nForests since many other tribes want National Forest\nland for various reasons and purposes. Previously,\nit has always been considered advisable to avoid this\nprecedent and, instead, withdrawal was made by\nstatute.\nContra. There has been one transfer to Indians by\nExecutive Order. However, this transfer was not\nmade for purposes of economic development, but rather\nto satisfy claims resulting from a 1908 survey error\nwhen the National Forests reserve was established.\nIf the transfer were to be made through legislation\nrather than by Executive Order, the Tribe would ask\nfor a transfer of title to be held in trust by\nInterior. Transfer by Executive Order will keep the\ntitle in the United States and avoid many of the\nenvironmental objections to Tribal ownership (1972\nEIS which opposed transfer).\n3. Private ski area developments are operating on nearly\n200 Forest Service permitted sites and not experienc-\ning insurmountable difficulties in securing financing.\nThe annual permits for Forest Service land apparently\nare not considered a serious risk in financing these\ndevelopments.\nContra. In most private ski developments on Forest\nService land, the valley floor at the base of the\nmountain is owned by the investors and it is that\nland which is used to secure traditional mortgage\nfinancing. Tribal land by law cannot be mortgaged\nto secure financing, and the Mescaleros prefer not to\nuse other Tribal assets as security.\n4. Few lands in National Forests in the Southwest have\ngreater multiple resource values. Watersheds, a\n\"cork bark fir\" natural area, and hunting rights\nmight be jeopardized by the proposed transfer. Con-\ntinued Forest Service administration would assure\nprotection and public use of these valuable resources.\nContra. Management of the lands by the BLM will also\nresult in continued protection of the resource values.\n4\nAn analysis was made of the options available for expansion,\nthe economic feasibility of the operation, the issue of\nsetting precedent, and the USDA arguments. Although the\nexpansion does not appear profitable in a conventional\nbusiness sense, on balance, I believe that the best way to\nachieve the objective of economic development for the Tribe\nwill be to transfer, by Executive Order, the acreage com-\nprising both the resort and that land needed for the proposed\nexpansion (2240 acres total) to DOI, Bureau of Land Manage-\nment. BLM can provide the necessary long-term lease (50\nyears) to ensure the needed expansion.\nPrior to signing an Executive Order transferring the acreage\nfrom USDA to DOI, an Environmental Impact Statement will be\ncompleted to ensure full public exposure of this matter.\nTherefore, I have attached for your signature a Memorandum\nof Proposed Federal Action outlining the actions to be taken.\nAttachment\n12 R. TORO\nTHE WHITE HOUSE\nWASHINGTON\nMEMORANDUM TO:\nSECRETARIES OF INTERIOR AND\nAGRICULTURE\nSUBJECT:\nMemorandum of Proposed Federal\nAction re: Mescalero Apache\nEconomic Enterprise\nYour Departments have been involved in considering questions\nhaving to do with the proposed expansion of the Sierra\nBlanca ski area in New Mexico, which is currently operated\nby the Mescalero Apache Tribe of Indians on land located\nwithin the Lincoln National Forest.\nI have reviewed papers dealing with these issues prepared\nin part by your Departments and submitted to me by the\nOffice of Management and Budget, and have concluded that\nthe expansion of Sierra Blanca is in the public interest\nand can best be facilitated by the plan suggested by the\nMescalero Apache Tribe and supported by the Department of\nthe Interior. This plan involves my signing an Executive\nOrder removing some 2200 acres of land (the current ski\narea plus the area needed for the planned expansion) from\nthe Lincoln National Forest and bringing that land under\nthe jurisdiction of the Department of the Interior (Bureau\nof Land Management), which would then be able to lease it\nto the Tribe for a substantial period of time, possibly\nwith an option to purchase, under the Recreation and Public\nPurposes Act, 43 U.S.C. SS 869 et seq.\nSierra Blanca is one of the most prominent examples of\nsuccessful, tribally operated economic enterprises in\nthe country, and your efforts to aid in its expansion are\nfully consistent with this Administration's policy of\nsupporting self-determination and economic self-sufficiency\nfor American Indians. I am persuaded that no alternative\ncourse of action can assist that expansion as adequately\nas the plan I have referred to.\n2\nAccordingly, I propose to sign an Executive Order of the\nsort I have described, dependent upon an assessment of\npertinent environmental considerations. A final determina-\ntion with respect to the signing of such a proposed order\nwill be made following the preparation and consideration\nof an environmental impact statement pursuant to the\nNational Environmental Policy Act of 1969, 42 U.S.C. SS 4321\net seq.; and I direct the Secretary of the Interior to\nsupervise the expeditious preparation of such an impact\nstatement, with appropriate assistance to be provided by\nthe Department of Agriculture upon request.\nGerald R. Ford"
}