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Nevada County, CA 26Feb13

County Stewardship Protecting and enhancing Health, Safety and Welfare through Pro-active management and sustainable usage of the counties resources

The authority conferred upon the states 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

Apache County Stewardship
• The Apache County Stewardship plan was heralded as a “model for other governments” and “part of a national strategy of forest management” around the country in U.S. Congressional Hearings conducted in Washington D.C. on July 20, 2012.

On Friday November 16, 2012, Apache County, Arizona earned the most prestigious award a county can earn for, “County and Economic Development, for the implementation of innovative solutions to community challenges through The County Stewardship Program”

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

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 CFR§1501.6)   40 CFR §1501.7   40 CFR §1503.1   President’s 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 Process—the Road to Ecosystem Management (USFS Region 3, 4th edition, Appendix A)

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)  

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 21 St. Century   Use of Off-Road Vehicles on the Public Lands - Presidential Executive Order 11644   Wild & Scenic Rivers Act (16 USC §1271 thru. §1275)
 

Some examples of working with extraterritorial government entities to protect health, safety and welfare: Roadway limits ROW and Easements County Wildfire Team Impaired Watershed Monitoring Forest Stewardship programs

Increased Jobs Increased tax base for Schools Increased tax base for infrastructure and emergency services Lower crime and less societal problems

Protection of Lives Protection of resources Protection of habitat and watersheds

$150,500,000,000,000

• 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 territorial jurisdiction of the United States.”

• “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 and buildings in its region and can frequently provide a definitive answer to jurisdiction.”

• “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 assurance that documentation is available.”

• • • • •

GSA Region 9 – Pacific Rim Region serves: Arizona California Hawaii Nevada Regional Counsel - Chip Morris (415) 522-2600 chip.morris@gsa.gov

• Type of Legislative Jurisdiction • Code 4 – Proprietorial Interest Only “This term is applied to those instances wherein the Federal Government has acquired some right or title to an area in a State, but has not obtained any measure of the State’s authority over the area.”

• “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.

• 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

• 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 October 23, 1962, 76 Stat. 1129, codified at 40 U.S.C. 319, extended this power to executive agency heads generally (regional foresters).

• 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.