Shamley presentation to Nevada County BOS

7/29/2019 Shamley presentation to Nevada County BOS

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Nevada County, CA

26Feb13


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County Stewardship

Protecting and enhancing

Health, Safety and Welfare

through

Pro-active management and

sustainable usage of the countiesresources


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The authority conferred upon thestates by the Tenth Amendment to

the U.S. Constitution and which the

states delegate to their political

subdivisions (counties) to enact

measures to protect the Health,Safety and Welfare of the

community


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Apache County Stewardship

The Apache County Stewardship plan

was heralded as a model for other

governmentsand part of anational strategy of forest

managementaround the country in

U.S. Congressional Hearings

conducted in Washington D.C. on

July 20, 2012.


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On Friday November 16, 2012, Apache

County, Arizona earned the mostprestigious award a county can earn

for, County and EconomicDevelopment, for the implementation

of innovative solutions to community

challenges through The CountyStewardship Program


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1. US Forest Service Coordination and Cooperation Policies:

National Forest Management Act (16 USC 1604)

Forest and Rangeland Renewable Resources Planning Act 6 (16 USC

1604(a))

Multiple Use Sustained Yield Act of 1960, 3 (16 USC 530)

The Healthy Forests Restoration Act of 2003 (Public Law 108-148, 117

Stat. 1887-1915)

U.S Forest Service 219 Planning Rule: Coordination with Other Public

Planning Efforts

(36 CFR 219.7)

43 C.F.R. 1610.3-1


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Travel Management Rule (36 CFR 212.53)

National Environmental Policy Act 101(a), 102(c), (42 USC 4331(b)(5) &

4332(2))

Joint Planning (40 CFR 1506.2 (b))

Cooperating Agencies (40 CFR1501.6)

40 CFR 1501.7

40 CFR 1503.1

Presidents Council on Environmental Quality Directive to Federal Agencies

regarding Cooperating Agency, Feb. 2002.

US Forest Service Manual (FSM) 1921.63(a) and (FSM 1950.2)

Integrated Resource Management Processthe Road to Ecosystem

Management (USFS Region 3, 4th edition, Appendix A)


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Soil and Water Resource Conservation Act (16 USC 2003 & 2008)

Regulatory Flexibility Act (5 USC 601-612)

Proper Consideration of Small Entities in Agency Rulemaking - Presidential

Executive Order 13272

Intergovernmental Cooperation Act (401 and 3 USC 301)

Intergovernmental Review of Federal Programs - Presidential Executive Order

12372

Facilitation of Cooperative Conservation - Presidential Executive Order 13352

Environmental Justice - Presidential Executive Order 12898 302(d)

Resource Conservation Act (16 USC 3451 thru. 3455)


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Soil Conservation Act (16 UC 590(d))

Outdoor Recreation Act (16 USC 4601)

National Trails System Act (16 U.S.C. 1241

Presidential Executive Order 13195: Trails for America in the 21St

. Century

Use of Off-Road Vehicles on the Public Lands - Presidential Executive Order

11644

Wild & Scenic Rivers Act (16 USC 1271 thru. 1275)


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Some examples of working with

extraterritorial government entities toprotect health, safety and welfare:

Roadway limits

ROW and Easements

County Wildfire TeamImpaired Watershed Monitoring

Forest Stewardship programs


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Increased Jobs

Increased tax base for Schools

Increased tax base for infrastructureand emergency services

Lower crime and less societal

problems


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Protection of Lives

Protection of resources

Protection of habitat and watersheds


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$150,500,000,000,000


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US Attorneys USAM Title 9 Sec. 665

Determining Federal Jurisdiction

The United States has jurisdiction only if the

land or building is within the special territorialjurisdiction of the United States.


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If the land is other than a military base, the

regional counsel's office of the General

Services Administration usually has the

complete roster of all Federal lands andbuildings in its region and can frequently

provide a definitive answer to jurisdiction.


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Each United States Attorney would be well

advised to request from each agency within

the district a report on the jurisdictional status

claimed for each of its facilities and assurancethat documentation is available.


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GSA Region 9 Pacific Rim Region serves:

Arizona

California Hawaii

Nevada

Regional Counsel - Chip Morris(415) 522-2600

[email protected]


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Type of Legislative Jurisdiction

Code 4 Proprietorial Interest Only

This term is applied to those instances whereinthe Federal Government has acquired some

right or title to an area in a State, but has not

obtained any measure of the States authority

over the area.


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Needful Buildings clause of Article 1, Sec. 8,

Clause 17 of the Constitution for the United

States does not include Forests and Parklands.

Collins vs. Yosemite Park and Curry Co.


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In the Organic Act of 1897 and the Weeks

Forestry Act of 1911, Congress authorized the

States to retain jurisdiction over National

Forests.

16 U.S.C.

30 Stat. 36

30 Stat. 963


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The Act of May 9, 1941, 55 Stat. 183, codified

at 43 U.S.C. 931a, authorized the Attorney

General to retrocede jurisdiction over roads

across federal properties. The Act of October23, 1962, 76 Stat. 1129, codified at 40 U.S.C.

319, extended this power to executive agency

heads generally (regional foresters).


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In 1970 Congress Authorized Federal Agencies

again to retrocede jurisdiction over lands:

In 1976 the Secretary of the Interior obtained

retrocession authority with respect to

National Parks.

In 1978 the Secretary of Agriculture was

added as well.

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Shamley presentation to Nevada County BOS

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