HomeMy WebLinkAbout19-253ADOPTING AND IMPLEMENTING COORDINATED AGENCY STATUS
IN ACCORDANCE WITH FEDERAL AND STATE LAWS
WHEREAS, the County of Butte is a legail 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
by law; and
WHEREAS, the Board of Supervisors adopted Resolution No. 10-002 establishing the Federal/State Land Use
Coordinating Committee on January 12, 2010, appointing three permanent members to the CVmrmittee, and Resolution
No. 14-043 adopted on April 22, 2014, which appointed an additional member to the Committee.
WHEREAS, the Board desires tosupersede Resolution No. 10-082 and Resolution No. 14~043 and replace them
with oResolution reaffirming Coordinated Agency Status and designating the permanent members and direction ofthe
Federal/State Land Use Coordinating Committee; and
WHEREAS, the County of Butte has various authorities over the use and management ofprivate lands and natural
resources within its jurisdiction and is chairged 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 aportion mfthe lands imButte County and are responsible for
managing these lands for parks, recreation, wildlife habitat and the production and protection of natural resources,
including water, timber, minerals, and grasslands; and
WHEREAS, private|amdsereinterspersedvvbhpublic lands throughout Butte County, and plans and management
actions for public ]ands and private lands must be coordinated to ensure effective and consistent protection and
enhancement ofproperty aind 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 economic health
otButte 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 nfSupervisors though the Butte County Federal/State Land Use
Coordinating Committee inthe planning and implementation ofthose actions; and
WHEREAS, the National Forest Management Act at1GUSC 1604 requires federa|agenc�es to coordinate its
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 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 government officials
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 citizen's or members of the public in general)"; and
WHEREAS, Section 1712 also provides that the "Secretary shall.... assist in resolving, to the extent practical,
inconsistencies between federal and non-federal 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"; and, when read in light of the "coordinate" requirement of Section 1712, reasonably
contemplates "meaningful involvement" as referring to on-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 that the federal agency's land 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 [c] 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 §§940-941.2 makes county governments responsible for 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 IT RESOLVED by the Board of Supervisors of the County of Butte, State of California, that:
1. Upon adoption, this Resolution will supersede and replace Resolution No. 10-002 and Resolution No. 14-
043.
2. The County of Butte hereby reaffirms Coordinated Agency Status with all federal and state agencies
maintaining jurisdiction over lands or resources located with Butte County.
3. The Butte County Federal/State Land Use Coordinating Committee, established on January 12, 2010, is
hereby directed that the following Butte County officials, or their designee, are designated as permanent
members of the Committee:
Director, Department of Development Services
Director, Department of Public Works
Director, Water and Resource Conservation Department
Chief Administrative Officer
4. The Board of Supervisors may appoint additional representatives to the Butte County Federal/State 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
Board of Supervisors.
5. The Butte County Federal/State 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, recreation, economic development and other related
issues to ensure consistency.
The Butte County Federal/State 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 IT 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 andl 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 10th day of September, 2019 by the
following vote:
AYES: Supervisors Connelly, Luicero, Ritter, Teeter, and Chair Lambert
NOES:
ABSENT:
NOT VOTING:
Steve Lambe air
Butte County Board of Supervisors
ATTEST:
Shari McCracken, Chief Administrative Officer
and Cfr f t and of Supervisors
By:
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Deputy