HomeMy WebLinkAbout10-002Resolution
IN ACCORDANCE W1CTH FEDERAL AND STATE LAWS
WHEREAS, the County of Butte is a legal subdivision of the State of California and
may exercise its powers only through the Board of Supervisors or through agents and officers
acting under authority of the Board or authority conferred bylaw; and
WHEREAS, the County of Butte has various authorities over the use and management of
private lands and natural resources within its jurisdiction and is charged with exercising such
authorities to protect and enhance natural resources. maintain economic stability, and protect
public health and safety; and
WHEREAS, the federal and. state governments own a portion of the lands in Butte
County and are responsible for managing theselands for parks, recreation, wildlife habitat, and
the production and protection of natural resources, including water, timber, minerals, and
grasslands; and
WHEREAS, private lands are interspersed with public lands throughout Butte County,
and plans and management actions for public lands and private lands must be coordinated to
ensure effective and consistent protection and enhancement of property and natural resources;
and
WHEREAS, the citizens of Butte County have historically earned their livelihoods from
activities reliant upon management of natural resources on public lands and the continuation of
those activities is critical to the econoxnic health of Butte County; and
WHEREAS, the County of Butte desires to assure that federal and state agencies shall
inform the Board of Supervisors of all pending or proposed actions affecting management of the
environment, local communities and citizens within Butte County and coordinate with the Board
of Supervisors though the Butte County Federal/State Land Use Coordinating Committee in the
planning and iznplementatian of those actions; and
WHEREAS, the National Forest Management Act at 16 USC 1604 requires federal
agencies to coordinate its planning processes with local government units such as the County of
Butte; and
WHEREAS, the Federal Land Policy and Management Act at 43 USC 1701, and 43
USC 1712 requires coordination of planning and management actions, regarding the coordinated
RESOLUTION OF THE COUNTY OF BUTTE
ADOPTING AND IMPLEMENTING COORDINATED AGENCY STATUS
agency status of a county engaging in the land use planning process, and requires that the
"Secretary of the Interior[Secretary] shall....coordinate the land use inventory, planning, and
management activities_...with the land use planning, and management programs of other federal
departments and agencies and of the state and local governments within which the lands are
located"; and
WHEREAS, the coordination requirements of section 1712 provide for special
involvement by govermnent off vials who are engaged in the land use planning process; and
WHEREAS, Section 1712 sets forth the nature of the coordination required with
planning efforts by government officials and subsections {f) of Section 1712 sets forth an
additional requirement that the Secretary "shall allow an opportunity for public involvement:
(including local government without limiting the coordination requirement of Section 1712
allowing land or resource management or regulatory agencies to simply lump local government
in with special interest groups of citizens or members of the public in general)"; and
WHEREAS, Section 1712 also provides that the "Secretary shail....assist in resolving, to
the extent practical, inconsistencies between federal and nonfederal government plans" and
gives preference to those counties which are engaging in the planning process over the general
public, special interest groups of citizens, and even counties not engaging in a land use planning
program; and
WHEREAS, the requirement that the Secretary "coordinate" land use inventory,
planning, and management activities with local governments, including assisting in resolving
inconsistencies, means that the resolution process takes place during the planning cycle instead
of at the end of the planning cycle when the draft federal plan or proposed action is released for
public review; and
WHEREAS, Section 1712 further requires that the "Secretary shall...provide for
meaningful public involvement of state and local government officials... in the development of
land use programs, land use regulations, and land use decisions for public lands"; anal, when read
in light of the "coordinate" requirement of Section 1712, reasonably contemplates "meaningful
involvement" as referring to an-going consultations and involvement throughout the planning
cycle, not merely at the end of the planning cycle; and
WHEREAS, Section 1712 further provides that the Secretary must assure thaf the federal
agency's Iand use plan be "consistent with state and local plans" to the maximum extent possible
under federal law and the purposes of the Federal Land Policy and Management Act and
distinguishes local government officials from members of the general public or special interest
groups of citizens; and
WHEREAS, Federal agencies implementing the Endangered Species Act, the Clean
Water Act, the Clean Air Act, and the Outdoor Recreation Coordination Act 16 USC 4601-1 Cc]
and [d] are required by Congress to consider local plans and to coordinate and cooperate directly
with plans of local government such as Butte County; and
WHEREAS, the Intergovernmental Cooperation Act and Presidential Executive Order
12372 set forth coordinated planning requirements for the federal, state, and local governments;
and
WHEREAS, California Water Code sections 8125 to 8129 give a county Board of
Supervisors authority to address flooding caused by non-navigable streams and such flood
planning requires coordination with natural resource planning processes of federal and state
agencies; and
WHEREAS, California Public Resources Code section 5099.3 requires coordination by
the State of California with the County of Butte in matters involving the planning, development,
and maintenance of outdoor recreation resources and facilities; and
WHEREAS, the California Streets and Highways Code § §944-941.2 makes county
governments responsible far the general supervision, management, and control of county roads
and highways and planning and actions with regard to such roads by any federal or state agency
must be coordinated with the county; and
WHEREAS, it is the intent of the Board of Supervisors to promote the consistency of
federal and state agency plans and actions with revised and adopted local plans.
NOW, THEREFORE, BE YT RESOLVED by the Board of Supervisors of the County
of Butte, State of California,.that:
The County of Butte hereby establishes Coordinated Agency Status with all federal
and state agencies maintaining jurisdiction over lands or zesources located with Butte
County.
2. The Butte County FederallState Land Use Coordinating Committee is hereby
established and the following Butte County officials are designated as permanent
members of the Committee:
Director, Department of Development Services
Director, Department of Public Works
Director, Water and Resource Conservation Department
3. The Board of Supervisors may appoint additional representatives to the Butte County
FederallState Land Use Coordinating Committee from time to time, including
themselves. Committee members shall serve at the pleasure of the Board of
Supervisors and may be removed from the Committee at any time by the Boazd of
Supervisors.
4. The Butte County FederallState Land Use Coordinating Committee shall represent
the County of Butte in coordinating the management plans and actions of federal and
state agencies to ensure consistency with local land use plans, and provide a key
component of any General Plan revisions that must consider land outside the County
boundaries that bear relation to county planning, especially for matters related to fire
prevention, watersheds, land use, natural resources and other related issues to ensure
consistency.
5. The Butte County FederallState Land Use Coordinating Committee shall make
recommendations to the Board of Supervisor's when appropriate and as needed, or
when the Board requests the Committee to provide recommendations; and
BE ~T FURTHER RESOLVED that this resolution constitutes notification to all
Federal and State agencies maintaining jurisdiction over lands and/or resources located within
the County of Butte of the intent and expectation that Federal and State agency actions shall be
made consistent with all county land use plans, and other management plans affecting the natural
environment, economic stability, or the public health and safety of the citizens of Butte County,
and that agencies will notify and confer with the County
PASSED AND ADOPTED by the Butte County Board of Supervisors this 12`x' day of
January 2Q10 by the following vote:
AYES: Supervisors T}olan., .Kirk, Lambert, Yamaguchi, and Chazr Connelly
NOES: None
ABSENT: None
NOT VOTING: Bone
ATTEST:
Chair
Butte County Board of Supervisors
Scott Tandy, Interim Chief Administrative Officer
An.
By: