Document klickitatcounty_gov_doc_63af76a790

Klickitat County Natural Resources State, Federal, and Local Coordination Plan Klickitat County, Washington July, 2007 ---PAGE BREAK--- Table of Contents Page Subject ii Acknowledgment 2 Introduction/Custom and Culture Defined 3 History of Custom and Culture in Klickitat County 5 Sustainable Economics 6 Klickitat County Resource Profile 6 Forest Resources 7 Agriculture 9 Minerals 11 Water Resources 12 Energy Resources 13 Fish and Wildlife 12 Other Resource Use and Management Strategies 14 Industry and Multiple Use 16 Recreation 17 Weed Management 19 Appendix A 20 Appendix B July, 2007 1 ---PAGE BREAK--- Acknowledgements On October 27, 1997 the Board of County Commissioners adopted Ordinance No. 102797, which added Chapter 2.76 “Coordinating Government Regulation of Land and Natural Resource Use” to the Klickitat County Code. The purpose of the Ordinance was to establish in County law the basis and process for promoting federal and state agency coordination and consultation with Klickitat County regarding actions affecting land and natural resource use in order that the citizens of Klickitat County may preserve their customs, cultures, and economic stability, and that they may protect and use their environment. The Klickitat County Land and Natural Resource Use Advisory Committee (Advisory Committee) is established under chapter 2.76 of the Klickitat County Code. A basic function of the Advisory Committee is to monitor state and federal actions and advise the Board of County Commissioners. The Advisory Committee developed the Klickitat County Natural Resources State, Federal, and Local Coordination Plan pursuant to chapter 2.76 of the Klickitat County Code and submitted it to the Board of County Commissioners for review and approval. The plan is intended to be used as a positive guide for federal and state agencies in their development and implementation of regulations and programs affecting land and natural resources in Klickitat County. The Board of County Commissioners greatly appreciates the volunteer time, energy, and thoughtfulness that Advisory Committee members Jim Sizemore, Bruce Cameron, Dan Frey, Cory Wilson, Tim Furlong, Kenny Bales, Nate Putnam, Jim Riley, Mike Smith, Jim Beeks, Dick Wheelhouse, Larry Kelley, Wayne Wooster, and Neil Kayser put into developing the Klickitat County Natural Resources State, Federal, and Local Coordination Plan. The Board of County Commissioners also appreciates the assistance and support provided to the Advisory Committee by County staff Curt Dreyer and David McClure during the development of the plan. ii ---PAGE BREAK--- ---PAGE BREAK--- Introduction Klickitat County’s local custom and culture is based on a long history of farming, ranching, logging, hunting and fishing, gathering, and other economic and recreational activities that are dependent on natural resources of the County. Natural resource use and management by the native peoples has a history that goes back thousands of years. It is likely that local custom and culture of County residents will continue to be based on access to and use of natural resources. Changes in state or federal policies, plans, management and regulations related to use of natural resources can adversely affect local custom and culture. Klickitat County’s residents therefore have an interest in state and federal actions that adversely impact access to, use, and enjoyment of natural resources; and state and federal agencies have an obligation to consider and acknowledge adverse impacts to local custom and culture as a result of their actions. The underlying purpose of this natural resources coordination plan is to maintain and protect local custom and culture. It is our hope that cooperation among Klickitat County and state and federal agencies and tribal governmental entities will help to identify impacts of state and federal actions and identify solutions that will avoid or lessen impacts. The Klickitat County Natural Resources State, Federal, and Local Coordination Plan (Natural Resources Coordination Plan) is intended to: • define local custom and culture, including a description of the factors that allow for economic stability and protect local custom and culture; • acknowledge the relationship of natural resources to local custom and culture; • acknowledge that state and federal agency actions such as adoption of policies, plans, or regulations can result in changes in the way Klickitat County residents use and enjoy natural resources – and in turn can adversely impact local custom and culture; and • identify recommendations concerning natural resource use in Klickitat County. Statements and recommendations within this plan are not intended to violate the Constitution of the United States of America or of the State of Washington. The Natural Resources Coordination Plan is continually evolving and addresses dynamic and ever changing issues, and may be amended at any point by the Klickitat County Natural Resource Advisory Committee and Board of County Commissioners. Custom and Culture Defined The “custom and culture” of Klickitat County is defined by the activities and values of residents, past, present, and future, from which the well-being and subsistence of county residents are derived. These values and activities are what make Klickitat County unique. The residents of Klickitat County recognize that their custom and culture is based on traditional values and activities subject to gradual, continuous change by various influences incurred by succeeding generations. Therefore, this Natural Resources Coordination Plan must continue to be a “work in progress” reflecting changes as they occur. Public policy is set accordingly to either promote or dissuade how those changes affect our custom and culture. July, 2007 2 ---PAGE BREAK--- The land and minerals, water, air, flora, and fauna of Klickitat County are integral to the values and activities that create a sense of well-being and provide subsistence to county residents. Private property rights and the other rights and privileges that residents have come to rely upon in the stewardship and utilization of natural resources are central to the custom and culture of Klickitat County, as follows: • Agriculture (livestock grazing, farming, etc.); • Timber (planting, managing, harvesting, milling and processing); • Mining; • Recreation and Tourism (motorized and non-motorized recreation, water & land sports, hunting, fishing, hiking, etc.); • Hunting and Fishing (commercial, subsistence, recreation, and tourism); • Gathering (commercial, subsistence, recreation, and tourism); • Water (industrial uses, agricultural uses, municipal uses, recreational uses, and general water resource development and conservation); • Transportation (barge, highway, rail, etc. associated with the Columbia River); • Motorized Recreation (hunting, snowmobiles, dirt bikes, four-wheelers, jeep use, motorboats, jet-skis, etc.); • Non-Motorized Recreation (hunting, horse packing, hiking, rafting, canoeing, fishing, bird watching, etc.); and • Intangible Values (open space values and access to open space, desire for free enterprise, aesthetic values, conservation stewardship). History of Custom and Culture in Klickitat County Man’s historical and current use of resources such as grazing lands that evolved into croplands, forest lands that evolved into timber lands, and the use of water that sustains them all, is a natural process and an essential part of nature. The custom and culture of Klickitat County is the on-going fulfillment of that process. It is our common heritage, which is the history of the settling of the West. Klickitat County is remarkable for its diversity of natural features. Its eighty-four mile length along the Columbia River spans most of the transition zone of the river’s channel through the eastern slope of the Cascade Range to the Columbia Plateau eco-region. The timbered portion of the County, ranging from forests of Douglas fir to pine fringed with oak and, in the eastward reaches, juniper and sagebrush, covering the north half of the County at a diagonal extending from the southwest corner to the northeast. South of that line, as the land drops in elevation toward the Columbia River, the amount of precipitation it receives also drops noticeably. From this it may be understood that the County’s economy has a dual base, timber-oriented in the west and northwest, agriculture in the east and south with some exceptions. The timbered area also provides pasture for a considerable part of the County’s livestock industry, and open valleys support intensive irrigated agriculture. Similarly, much of the more agriculture zone to the south is scabland or canyon land suitable for livestock range and other uses. July, 2007 3 ---PAGE BREAK--- The area of Klickitat County was of major importance to its native population thousands of years before Columbus set foot in America. Like the settlers who came later, they utilized the County’s natural resources to meet their personal and commercial needs. Prized for its abundance of fish and other resources, it became a gathering-place for many tribes who met annually to trade these products. Using fire as a management tool, they transformed the forestlands to provide grazing for the game – and later, the herds of horses – on which they depended for survival. And, they mined flint to make the arrowheads to successfully harvest the game that provided them with food, clothing and shelter. The establishment of the Oregon Trail, which connected with the Columbia River, began the great migration of settlers to this area in mid-1800. Attracted by vast acres of bunch grass, a year-round natural pasture for their herds of livestock, fine climate and an abundance of rivers and creeks, many decided to settle in Klickitat County. Their plows turned much of the grassland into wheat farms, and later with the aid of irrigation, into hay, row-crops, orchards and vineyards. Lumber proved to be a reliable resource, although this industry has declined, largely as the result of federal and state regulations, from the days when flumes stretched throughout the to gather the old-growth timber. More recently, recreational use of the County’s natural resources has rapidly increased through trail biking, and other motorized and non-motorized vehicle use, white water rafting and sail boarding, horseback riding and hiking, and the timeless customs of fishing and hunting. Multiple-use of natural resources predates the establishment of the Territory, State, and Federal lands and is essential to the continued well being of the County’s agricultural, livestock, timber and recreational industries. The Gifford Pinchot National Forest, which is named after Gifford Pinchot the man who coined the term “conservation” as applied to natural resources and the father of multiple-use federal land management policy, extends into western Klickitat County. Gifford Pinchot is noted for his battles with both extremes of natural resource policy, with the narrow time horizons of the corporations of his day defining one extreme and the rhetoric preservationist rhetoric of advocates defining the other extreme. The settlement of the County is the history of the livestock, farming, logging and mining industries uniquely benefited by river-based transportation and supported by a well developed road network. The earliest pioneers were able to build roads without having to import materials because rock was readily available. Aggregate mining has been an important county industry for almost a hundred years. In 1912, Samuel Hill completed the Maryhill grade road, which was the first asphalt highway in the State of Washington. This road utilized liquid asphalt shipped from California and aggregate mined from what is now the Maryhill Museum property. Since then gravel mined from County sites has played a major role in the economic development of both the County and the Pacific Northwest. The highways on both banks of the Columbia River, I-84 and SR 14, serving eastern Oregon, Washington and Idaho are paved with Klickitat County gravel, U.S. Highway 97 serving southern Oregon and California shares a similar connection. Two hydroelectric powerhouses and associated fish ladders at The Dalles and Bonneville Dams contain July, 2007 4 ---PAGE BREAK--- Dallesport Peninsula aggregate. Three navigation locks essential to the flow of river transportation to the Inland Empire were built with Dallesport material. The County’s early and current industries have depended on access to water for their manufacturing processes and product transportation, beginning with grist mills and saw mills and proceeding to the production of electricity which powers homes and industries. Irrigated agriculture has been practiced in the County since the 1880’s beginning with the Chapman Creek diversion. Early settlers established water rights through mixed application of the riparian doctrine, which ties the right to use a body of water to the ownership of the land over, under, and adjacent to the water in question and the doctrine of prior appropriation, otherwise known as “first in use, first in right.” Through the late 1800’s and early 1900’s, water law in Washington transition from the riparian doctrine to the doctrine of prior appropriation; however, some water rights based on the riparian doctrine continue to exist where they have been put to beneficial use. This mix of riparian doctrine and the doctrine of prior appropriation, demonstrating a history of fair and useful distribution of water, has withstood the test of time and court challenges, and has established a water right as a property right with all of the protections afforded property rights by the State of Washington and the United States Constitution. The customs and culture of Klickitat County depend upon continued vigilance in protecting and preserving these rights. The settlement of the County came about through the beneficial use of the land and water at a time in history, which preceded the regulatory efforts, which today threaten that same custom and culture. The people of Klickitat County have historically and traditionally earned their livelihood from activities reliant upon natural resources. The economy of the County has always been, and is today, dependent upon and economically related to the availability and utilization of natural resources and reasonably accessible water supplies. Either directly or indirectly, the majority of the persons employed in Klickitat County are dependent upon ranching and farming, forest production, mining, recreation, and other activities related to and reliant upon the availability of natural resources. Land use planning has been an integral part of government service and citizen concern in Klickitat County since at least 1959, providing an essential tool that enables the County to fulfill its duty to preserve the health, safety and welfare of its citizens. It is becoming increasingly clear and urgent that appropriate land use planning, administered at the local level, plays a crucial role in protecting and preserving the customs, culture and economic stability of the County upon which the health, safety and welfare of its citizens depend. Any natural resource use plan at the state or federal level must take into consideration that private lands have remained in private ownership, and helped form the foundations of Klickitat County’s customs, culture and quality of life. Private property is the primary institution by which individuals take responsibility for themselves and their environment for the benefit of succeeding generations. It is private property that provides the incentive and encouragement for individuals to husband natural resources for a sustainable future for themselves and their descendants. The ability of the landowner to have beneficial use and quiet enjoyment of their property is an inherent right. All actions by government agencies on the state or federal level affect this quality of life, economic stability and the traditions, customs and culture of Klickitat County. July, 2007 5 ---PAGE BREAK--- Sustainable Economics Economics pertain to the development and management of the material wealth of a government or community. Per this Natural Resources Coordination Plan, items and activities which traditionally define economics in Klickitat County include, but are not limited to, revenue from: • Agriculture (livestock grazing, farming, etc.); • Timber; • Recreation and Tourism (motorized and non-motorized recreation, water & land sports, hunting, fishing, hiking, etc.); • Industry (mining, power production, manufacturing, etc.); • Residential or private property owner taxes; • Local businesses (private and corporate owned enterprises, businesses, etc.); • Wildlife resources (big game hunting, wildlife habitat improvements, tourism, etc.); and • Water, rail transportation Numerous environmental groups, federal and state agencies, and other interests have proposed designation of special land management uses in the County. Almost every special land management use change has a rippling effect on the economics of Klickitat County. Therefore, it is crucial that each natural resource management decision be balanced with consideration given to its economic impact. Klickitat County’s authority to request federal agencies to evaluate economic impacts to the County through actions that are made by agencies, are based on citations from the Federal Land Policy and Management Act (FLPMA), the National Environmental Policy Act (NEPA), and the Endangered Species Act (ESA). Citations from FLPMA include 43 USC Sec. 1701(a)(8), 1701(a)(12), 1702(i)(l), 1712(c)(9), and 42USC Sec. 4332(2). NEPA directs agencies to consider economic, social, and environmental consequences from land management proposals. The ESA, 16 USC 1539, makes designation of habitat a matter of economics. Only the decision to list a species as endangered is made on the basis of pure biology. Policies: 1. Klickitat County supports efforts to maintain or improve the overall economic base of the County. 2. To the maximum extent provided in law, Klickitat County requires that federal and state agencies coordinate with the County and its adopted plans and ordinances pertaining to natural resource matters. 3. Klickitat County opposes federal and state agency land-use/management decisions when local economic impacts have not been considered as a factor in the decision. Klickitat County encourages agencies to evaluate and avoid or mitigate the local socioeconomic impacts of proposed actions consistent with the letter and intent of the NEPA, State Environmental Policy Act (SEPA), and other applicable statutes. 4. Klickitat County opposes federal and state actions that do not evaluate, mitigate, and minimize impacts to custom and culture and the economic stability of Klickitat County. July, 2007 6 ---PAGE BREAK--- 5. Klickitat County requests that any federal and state agency considering actions affecting county natural resources evaluate, mitigate, and minimize the economic impacts of the proposed changes on the custom and culture of Klickitat County. 6. Klickitat County requests that federal and state agencies to notify the County of any proposed natural resource related planning efforts, actions, or regulations that may affect the economic base of the county. Klickitat County will review and comment on proposed federal or state actions significant to the economic base of the County. Klickitat County Natural Resource Profile Klickitat County, Washington is located in the south-central region of Washington and at the Columbia River is adjacent to State of Oregon. Klickitat County is the 15th largest County in Washington and with a land area of 1,872 square miles it comprises about 2.86 % of the geographical area state. Forest Resources Forest resources are naturally occurring, renewable, and sustainable products. Per this Natural Resources Coordination Plan, products which are traditionally defined as forest resources include, but are not limited to the following: • Timber products, including log and pulp products and bio-fuels and other harvesting by- products; • Gathered products: boughs, floral material, medicinal products, mushrooms, etc.; and • Intrinsic products, including aesthetic enjoyment and recreation. Policies: 1. Klickitat County promotes good forest stewardship, including the use of reforestation tools and other timber stand improvement activities, and supports responsible utilization of forest resources, all of which contribute to the continued long-term sustainable production of forest resources. 2. Klickitat County promotes multiple-use of public forest resources to realize sustainable and continuous provision of timber, forage, firewood, wildlife, fisheries, recreation and water. Such sustainable levels assume that minimal lands be given single use or restrictive designations and that the maximum areas of land be outside “Wilderness Areas” and are available for active and sound management. 3. Klickitat County advocates the harvesting of a wide range of public non-wilderness timber stand age classes to promote productive and healthy forests and species diversity. Klickitat County advocates the prompt replanting of harvested areas. 4. Klickitat County promotes responsible use of forest products that contribute to the economic well being of the county. 5. Klickitat County supports the prompt salvage of forest losses due to fire, insect infestation or other events. 6. Klickitat County advocates the early detection and control of insect infestations. July, 2007 7 ---PAGE BREAK--- 7. Klickitat County supports the detection and management of forest fires through immediate cooperative response of all fire fighting agencies. 8. Klickitat County supports the education of both residents and visitors to wise and productive forest uses. 9. Klickitat County encourages federal agencies and state agencies conduct a thorough investigation of economic impacts to the forest products industry during any proposed land management changes or natural resource related planning efforts consistent with the letter and intent of the National Environmental Policy Act (NEPA), State Environmental Policy Act (SEPA), and other applicable statutes. 10. To the maximum extent provided in law, Klickitat County requires that federal and state agencies coordinate with the County and its adopted plans and ordinances pertaining to natural resource matters. 11. Klickitat County requests that federal and state agencies to notify the County and provide opportunity for meaningful involvement early on in planning or rulemaking processes or any other actions that have the potential for affecting activities on timber producing lands or reducing the available land base for commercial timber production within the county. 12. The Klickitat County directs its Public Economic Development Authority should promote and assist with efforts by public and private entities seeking to investigate, foster, and promote development of industries, both large and small, which rely on the production of forest resources. 13. Klickitat County requests that at least one representative from forest industry be included on any team based decision making process which state or federal agencies undertake as pertaining to natural resources in the county. 14. Klickitat County supports the transportation of logs and manufactured forest products over Federal, State and County roads and highways within the county. Agriculture Agriculture is the art and science of growing crops and raising and breeding livestock. As per this Natural Resources Coordination Plan, activities which traditionally define agriculture in Klickitat County, include but are not limited to: • Cattle, horse, and sheep ranching; • hay, wheat, and other small and large grain crop production; • orchards and vineyards; • row crops; and • alternative livestock (bison, emu, etc.) Agriculture is among the oldest source of revenues in Klickitat County. Livestock grazing is also the most geographically extensive natural resource use within Klickitat County, occurring on federal, state, Tribal, and private lands in the county. Agriculture is a significant factor in defining the custom and culture of Klickitat County from the mid-1800s to present. Managing land for agriculture has become increasingly difficult in Klickitat County. Recently in Klickitat County, special land designations, recovery efforts for endangered species, road closures, modifications of game management practices, and several other natural July, 2007 8 ---PAGE BREAK--- resource actions threaten the viability of agriculture. It is important to realize and understand that the very existence of agriculture for the last several decades contributes significantly to the existence of all other values and natural resources which people find desirable and are trying to protect. Wild game populations, open space and other land and water based recreation opportunities are directly related to the subsistence of agriculture. When making natural resource management decisions, a balance of agricultural needs along with other natural resource objectives must be achieved. Policies: 1. Klickitat County encourages agricultural viability due to its direct tie to the custom and culture of the area as well as its positive impact on other natural resources that residents and visitors to Klickitat County rely upon. 2. Klickitat County supports opportunities for grazing livestock on federal and state lands, protection of equitable property rights, and science based land stewardship. 3. Klickitat County encourages locally driven interdisciplinary groups to address agricultural issues in relation to resource uses on a case-by-case basis. 4. Klickitat County opposes federal and state agency plans or management recommendations proposed without an agricultural economic impact description (either brief or in-depth depending on the case needs). 5. Klickitat County encourages federal and state agencies to promote responsible agricultural use and educational opportunities for protecting natural resources in Klickitat County. 6. Klickitat County encourages federal and state agencies to conduct a thorough investigation of economic impacts to agriculture during any proposed land management changes or natural resource related planning efforts consistent with the letter and intent of the NEPA, SEPA, and other applicable statutes. 7. Klickitat County recommends that federal and state agencies not adjust Animal Unit Months (AUM’s) on state or federal lands without scientifically based justification and full consultation between the permittee and administering agency. 8. Klickitat County recommends that federal and state agencies partner with the County to explore programs to compensate agricultural operations for maintaining open space. The alternative is to reduce open space areas in Klickitat County in exchange for encroachment of development and urban sprawl. 9. Klickitat County recommends federal and state agencies promote public respect for private structures (corrals, fences, water development, etc.) on federal and state land in an effort to reduce vandalism, educate the users, and promote the multiple-use concept. 10. Klickitat County recommends that at least one representative from agriculture be included on any team based decision making process which state or federal agencies undertake as pertaining to natural resources in the county. 11. To the maximum extent provided in law, Klickitat County requires that federal and state agencies coordinate with the County and its adopted plans and ordinances pertaining to natural resource matters. July, 2007 9 ---PAGE BREAK--- Minerals Minerals are naturally occurring homogeneous substances formed by organic or inorganic processes. Per this Natural Resources Coordination Plan, activities which traditionally define minerals in Klickitat County, include but are not limited to: • mining and associated processing (rock, sand, gravel, “red rock”). Mining is essential to road construction (asphalt and concrete) and general construction. As a general rule, a 25-mile-haul from the source will double the cost of most mined products. However, “red rock” is a local volcanic material that is not widely available elsewhere and is being mined at locations in Klickitat County and delivered to foreign countries as well as being used regionally as a landscape product among other uses; and aggregate sources in the nearby urban area of Portland/Vancouver are being depleted to the point that transportation from Klickitat County sources is becoming economical. In recent years, about 1,000,000 tons of aggregate material are mined per year in Klickitat County, of which approximately 79% is used for road construction, 16% for construction aggregate, and 5% for construction ready mix. According to the Washington Aggregates and Concrete Association, given the expected statewide aggregates growth of 22.5 million tons between 2000 and 2020, there is forecasted need for an additional 9,000 acres of mineral resources. Klickitat County commissioned Jeffrey Loen in 2002 to prepare a study of sand and gravel deposits in Klickitat County. The study identifies three areas of “significant” (i.e. more than 160 acres and at least 1,500 feet wide; in excess of 25 feet thickness; and a ratio of overburden-to-gravel of less than one to three) aggregate deposits in Dallesport. Together, the three sites have potential to yield approximately 199.6 million tons; currently, 236 acres of Dallesport are permitted. Mining is currently heavily regulated; new environmental regulations (e.g. air, water quality, fish and wildlife habitat) could have the result of “locking up” the resources or rendering extraction of them uneconomical. Policies: 1. Klickitat County encourages future mineral extraction in an environmentally responsible manner (taking into consideration land, air, and water quality) and utilizing public involvement. 2. Klickitat County recommends new gravel pit excavation possibilities remain open throughout Klickitat County. 3. Klickitat County requests that federal and state agencies take into consideration the potential economic impact of any proposed land management changes or natural resource related plans to the minerals industry, and on the residents of Klickitat County consistent with the letter and intent of the NEPA, SEPA, and other applicable statutes. 4. Any economic impacts to Klickitat County’s mineral industry directly impacts local tax revenues and County supported programs. Therefore, federal and state agency plans or management recommendations need to include an economic impact description (either brief or in-depth depending on the case needs). July, 2007 10 ---PAGE BREAK--- 5. Klickitat County recommends federal and state agencies conduct a thorough investigation as to future mineral industry estimated potential, and consequences to natural resource decisions being made. Federal or state planning documents should acknowledge future potentials and estimate economic impacts, where possible, to the county’s minerals industry. 6. Klickitat County supports the development and enforcement of air quality and water quality regulations that provide a balance between environmental protection and economics. 7. Klickitat County opposes redesignation of federal or state airshed classifications within the county. 8. Klickitat County recommends at least one representative from the minerals industry is included on any team based decision making process which state or federal agencies undertake as pertaining to natural resources in the county. 9. Klickitat County requests that federal and state agencies notify the County of any proposed actions or regulations that may impact the minerals industry opportunities on federal and state land within the county. Klickitat County will review and comment on federal or state actions or changes significant to minerals industry opportunities in the county. 10. To the maximum extent provided in law, Klickitat County requires that federal and state agencies coordinate with the County and its adopted plans and ordinances pertaining to natural resource matters. Water Resources Water resources are surface water and ground water supplies of water available for various out-of- stream and instream beneficial uses. As per this Natural Resource Plan activities depending on water resources in Klickitat County include, but are not limited to: • Industry uses (power plant operations, mining operations, etc.); • Municipal and Community uses (city and unincorporated town water supplies) and rural domestic uses; • Recreation uses (water skiing, motorized and non-motorized water recreation, fishing, swimming etc.); • Agricultural uses (irrigation of crops, livestock watering, wells, etc.); and • Fish and Wildlife uses (habitat for aquatic life, etc.) With formation of a water conservancy board and participation in Watershed Resource Inventory Area (WRIA) planning, Klickitat County has taken proactive steps to maximize local government and citizenry participation in the management or water resources. The Klickitat County Water Conservancy Board has been processing water right change applications within the county since 1999 and WRIA plan development and implementation have been underway in the county since 1999. Policies: 1. Klickitat County supports use of the watershed management plans developed and approved pursuant to chapter 90.82 RCW as the framework for water resource management decisions. 2. Klickitat County supports retaining the existing Columbia River hydropower dams and the development of additional water storage facilities small reservoirs) within the County consistent with the applicable watershed management plan. July, 2007 11 ---PAGE BREAK--- 3. Klickitat County supports the protection of individual water rights as property rights. 4. Klickitat County opposes programs that use public funding to lease or transfer of water rights to areas outside of the county when local needs have not first been evaluated in coordination the watershed planning group established under chapter 90.82 RCW for the watershed in which the water right is located. 5. Klickitat County opposes any water use plans which do not involve complete public scoping and public participation. 6. Klickitat County recommends federal and state agencies consult with local watershed planning groups when developing planning documents to identify future water use issues and needs of Klickitat County residents. 7. Klickitat County recommends any water quality programs (i.e. non-point source pollution programs) evaluate, mitigate, and minimize the impacts on Klickitat County’s custom and culture and economic viability. 8. Klickitat County recommends that at least one County-designated representative be included in any team-based decision making process which state or federal agencies undertake pertaining to natural resources in the county. 9. Klickitat County requests that federal and state agencies to notify the county of any planned actions or regulations that involve water resources on federal and state land within the county. Klickitat County will review and comment on federal or state actions or changes significant to water resource issues in the county. 10. Klickitat County supports prompt assessment and processing of water right and related applications, particularly those related to municipalities and communities. 11. To the maximum extent provided in law, Klickitat County requires that federal and state agencies coordinate with the County and its adopted plans and ordinances pertaining to natural resource matters. Energy Resources Klickitat County is home to extensive energy production resources via moving air (windpower), solar, and water (hydroelectric projects). The county also has extensive energy transmission resources, e.g., high-voltage electrical transmissions lines and a major high pressure, large-diameter natural gas distribution line. The combination of significant electrical generation capability and energy distribution systems (both electricity and natural gas) have enabled large industry to work and prosper in the county for decades, and will allow future new industrial development to supplement and/or replace current and potential future shutdown industrial operations in the county. Hydropower is a clean, renewable resource. The generation of electricity via moving water has been a part of the county’s culture since the early 1900s. The Condit Dam hydroelectric project on the border of Klickitat and Skamania counties was constructed around 1913 and remains a commercially viable hydroelectric project. The federal Columbia River Hydroelectric System constructed two large projects in Klickitat County in the 1950s and 1960s (The Dalles Dam in 1957 and the John Day Dam in 1968). July, 2007 12 ---PAGE BREAK--- Wind energy is a clean, renewable resource. The Columbia River Gorge and Klickitat County experience some of the strongest and highest frequency wind regimes in the entire United States. As per this Natural Resources Coordination Plan activities depending on wind resources in Klickitat County include, but are not limited to: • Recreation uses (hang gliding, wind surfing, sailing, etc.); and • Industry uses (commercial wind farms, and private small-scale individual/community wind power projects). The Columbia River in Western and Central Klickitat County is home to one of the world’s premier wind surfing locations. Tens of thousands of wind surfing enthusiasts visit the county annually. Klickitat County is becoming one of the preeminent commercial windpower locations in the entire United States. The County’s Energy Overlay Zone was completed in 2005 to set the foundation for environmentally sound and community supported windpower development within the county, and in less than two years has led to 1,100 MW of proposed and/or permitted commercial windpower development. The windpower developments will be located on rural agricultural lands where the landowners, primarily farmers and ranchers, will receive royalty payments that will supplement their income from agriculture and enable them to maintain their rural lifestyle and keep their agricultural practices viable. The county and other local tax districts schools and fire districts) will receive significant tax revenue from the commercial windpower projects. Natural gas is essential to the region. A major east-west transmission line crosses Klickitat County. The availability of natural gas in Klickitat County has resulted in opportunities for new industries. Recently, a gas-fired energy plant was built in Goldendale. Other energy companies have expressed interest in establishing gas-fired plants within Klickitat County. Additionally, commercially viable quantities of natural gas are believed to exist in the geologic formations deep below Klickitat County and a proposal for exploratory drilling is in the permitting process. Solar generation is a renewable technology that draws energy from the sun. Like windpower and hydropower, solar energy is a clean energy resource that emits no air pollutants. Photovoltaic technology directly converts sunlight to electricity, whereas solar thermal technology converts light into heat to drive a shaft or turbine to generate electricity. For electricity generation, photovoltaic technology is the more likely of the two solar technologies to be utilized in Klickitat County. Klickitat County’s geographic location lends itself to a somewhat predictable number of cloud-free days per year that could be conducive to the development of solar power. The Bonneville Power Administration and the Klickitat County Public Utility District own and/or operate high voltage electrical transmission power lines throughout Klickitat County. The availability of these high voltage power lines has resulted in opportunities for landfill gas and large- scale windpower development in the county. July, 2007 13 ---PAGE BREAK--- Policies: 1. Klickitat County supports efforts to develop power generation and transmission infrastructure in Klickitat County through responsible development of natural resources. 2. Klickitat County recommends federal and state agencies take into consideration the potential economic impact of any proposed land management changes or natural resource related plans to the electricity generation industry, and on the residents of Klickitat County consistent with the letter and intent of the NEPA, SEPA, and other applicable statutes. 3. Klickitat County encourages wind power development due to the positive impact on the county’s tax base. 4. Any economic impacts to Klickitat County’s electricity generation industry directly impact the county’s tax base and availability and quality of public services (education, transportation, hospital, public safety, etc.). Therefore, federal and state agency plans or management recommendations must include an economic impact description (either brief or in-depth depending on the case needs). 5. Klickitat County encourages wind power development due to its ability to coexist with and enhance the viability of the county’s agricultural economy. 6. Klickitat County encourages future wind power development in an environmentally responsible manner (taking into consideration land, air, and water quality) and utilizing public involvement. 7. Klickitat County requests that federal and state agencies notify the county of any proposed actions or regulations that will involve wind resources or other natural resources that may impact wind power development on federal and state land within the county. Klickitat County will review and comment on federal or state actions or changes significant to wind resource issues in the county. 8. To the maximum extent provided in law, Klickitat County requires that federal and state agencies coordinate with the County and its adopted plans and ordinances pertaining to natural resource matters. Fish and Wildlife Fish and wildlife describes animals living in nature that are not domesticated or tamed. Per this Natural Resources Coordination Plan, activities depending on wildlife in Klickitat County include but are not limited to: • Hunting (elk, deer, bear, mountain lion, coyotes, grouse, rabbits, waterfowl, etc.); • Fishing (sport, commercial, sustenance fisheries, other related activities); • Passive recreation (wildlife viewing, etc.); and • Managing species of concern (state and federal protected species) Klickitat County enjoys a diverse and abundant population of fish and wildlife species. Statutory authority charges the Washington Department of Fish and Wildlife (WDFW) to preserve, protect, perpetuate, and manage the wildlife and fish resources of the state. The Washington Department of Fish and Wildlife is responsible for statewide habitat management and setting seasonal harvest and production goals. Both private and public lands provide vital habitat for wildlife species managed for consumptive and non-consumptive uses. July, 2007 14 ---PAGE BREAK--- Policies: 1. Klickitat County supports responsible recovery planning efforts for sensitive, threatened, and endangered species, which includes meaningful coordination with local governments and which evaluate, mitigate, and support Klickitat County’s custom and culture and economic viability. 2. Klickitat County supports efforts by the Washington Department of Fish and Wildlife (WDFW) and other agencies who manage wildlife to responsibly reduce predation of sensitive species, increase hunting and fishing opportunities within appropriate carrying capacities, decrease game damage conflicts, and generally balance wildlife numbers with factors affecting the custom and culture and multiple-use values of the county. 3. Klickitat County advocates continued active management of fisheries resources within river basin systems passing through Klickitat County by the WDFW. 4. Klickitat County recommends wildlife management agencies manage public hunting access and public recreation opportunities within appropriate wildlife and recreation carrying capacities. 5. Klickitat County recommends WDFW game harvest numbers be based on a balance of habitat carrying capacity effects on other wildlife and livestock populations on the custom and culture and economy of Klickitat County. 6. Klickitat County recommends that agencies which manage wildlife dedicate funds for game damage compensation based on problematic site needs. 7. Klickitat County recommends federal and state agencies research and provide funding opportunities and compensation to landowners for resource enhancement, to provide exceptionally/unusually high habitat qualities for wildlife species of concern. 8. Klickitat County recommends endangered fish recovery efforts in the county be based on sound science and maintaining, customs, culture, and economic stability of Klickitat County. 9. Klickitat County recommends implementation of water storage projects proposed in County approved watershed plans be implemented to provide water to meet a balance of agricultural, industrial, recreational, municipal, and instream/fish needs. 10. Klickitat County recommends including at least one County appointed or nominated representative on any team-based decision making process which state or federal agencies undertake as pertaining to natural resources in the County. 11. Klickitat County requests that federal and state agencies to notify the County of any proposed actions or regulations that involve wildlife on federal, state or private land within the county. Klickitat County will review and comment on federal or state actions or changes significant to animal wildlife issues in the county. 12. To the maximum extent provided in law, Klickitat County requires that federal and state agencies coordinate with the County and its adopted plans and ordinances pertaining to natural resource matters. July, 2007 15 ---PAGE BREAK--- Other Resource Use and Management Strategies Industry and Multiple Use The abundance of natural resources and affordable energy in Klickitat County led to a variety of industries including, but not limited to, milled forest products, value added agriculture wineries), primary aluminum production, and concrete production. Aluminum production facilities were sited in the Pacific Northwest and Klickitat County because of inexpensive hydro-electric power projects on the Columbia and Snake Rivers and their tributaries. The Golden Northwest Aluminum facility in Klickitat County employed more than 700 people prior to its 2001 curtailment. Recently, the facility closed down due to foreign competition and rising electricity costs (due in part to concerns for anadromous fisheries). The facility has not been dismantled and could be re-started given changed circumstances, such as availability of reasonable electrical power purchase agreements. Removal of Columbia-Snake River hydro-electric dams and/or rising electrical power costs could result in permanent closure of aluminum production facilities in the region. Klickitat County’s forest product and agriculture industries produce value added products from its forest and farm lands. For example, the wine industry is experiencing tremendous growth in the number of acres of planted grapes and the construction of several world-class wineries. Klickitat County’s concrete production and gravel industries for decades have provided essential infrastructure to the county’s industrial, commercial, and residential growth. The concrete and gravel industry will continue to provide essential infrastructure in the county’s future growth. Multiple-use for natural resources is defined as the management of lands and their associated resource values to be utilized in a combination of ways that best meet the present and future needs of the American people. This means making judicial use of natural resources for all, some, or none of the resources on a given unit of land based upon ever changing needs, conditions, and desires of the American people. Decisions about multiple-use must be based upon individual circumstances. Multiple-use can mean several natural resources on a given tract of land or limited uses on a given tract of land. Per this Natural Resources Coordination Plan, activities which traditionally define multiple-use in Klickitat County include but are not limited to: • Agriculture (grazing, farming, etc.); • Logging and forestry operations; • Mining; • Recreation and Tourism (motorized and non-motorized recreation, water & land sports, hunting, fishing, hiking, etc.); • Hunting and Fishing (commercial, subsistence, recreation, and tourism); • Gathering (commercial, subsistence, recreation, and tourism); • Water (industrial uses, agricultural uses, recreational uses, and general water resource development and conservation); and • Intangible Values (historical, cultural, open space values and access to open space, desire for free enterprise, conservation stewardship) July, 2007 16 ---PAGE BREAK--- There is a direct tie between multiple-use and custom and culture in Klickitat County. Multiple-use concepts are an integral part to the custom and culture of Klickitat County. Klickitat County residents are directly dependent upon the county’s natural resources for their livelihoods and recreation opportunities. Therefore, Klickitat County’s economy is dependent upon multiple-use concepts. The federal and state agencies that manage or regulate natural resources in the County often directly impact multiple-use options within the county. The Klickitat County Natural Resource Advisory Committee and other interested groups and organizations act to review and evaluate the effects of federal and state natural resource actions related to multiple-use in Klickitat County. Policies: 1. Klickitat County supports management of public lands in Klickitat County for multiple-uses. 2. Klickitat County supports prioritizing or considering primary uses based on sound science, community input, and economic impact. 3. Klickitat County encourages federal and state agencies to evaluate the local economic needs when taking actions that affect natural resource and management consistent with the letter and intent of the NEPA, SEPA, and other applicable statutes. 4. Klickitat County recommends education and communication with the public during evaluation of any state or federal decision or action which will affect traditional multiple uses of lands in the County. 5. Klickitat County’s Natural Resource Advisory Committee will review proposed federal and state natural resource actions pertaining to natural resources, such as plan amendments, in the County and make recommendations to applicable agencies and parties. 6. Klickitat County encourages federal and state agencies to respect private property improvements and rights and encourage the agencies to promote the multiple-use concept. 7. Klickitat County recommends that federal and state agencies evaluate opportunities for commercial use of natural resources for purposes of benefiting the custom and culture of Klickitat County as well as the economic base of the county. 8. Klickitat County requests that federal and state agencies notify the County of any proposed actions or regulations that may impact the multiple uses of natural resources within the county. Klickitat County will review and comment on federal or state actions or changes significant to multiple use of natural resources in Klickitat County. 9. To the maximum extent provided in law, Klickitat County requires that federal and state agencies coordinate with the County and its adopted plans and ordinances pertaining to natural resource matters. Recreation and Tourism Per this Natural Resources Coordination Plan, activities that traditionally define recreation and tourism in Klickitat County include but are not limited to: hunting, fishing, off-road vehicle use, bicycling, hiking, camping, horseback riding, snow mobiling, river rafting, kayaking, hang-gliding, etc. Klickitat County offers a variety of recreational opportunities for residents and visitors alike. A majority of these opportunities are found on natural resource lands. Visitors to these areas directly impact the county by drawing on county-provided infrastructure such as, law enforcement, July, 2007 17 ---PAGE BREAK--- emergency-medical, and waste disposal services. Klickitat County outfitters, guides, store owners, restaurants, hotels and motels, and many more interests depend on seasonal recreation and tourism for their livelihoods. Policies: 1. Klickitat County promotes environmentally responsible recreation and tourism and associated businesses in Klickitat County. 2. Klickitat County encourages federal and state agencies to evaluate the local economic needs when taking actions that affect natural resource and management consistent with the letter and intent of the NEPA, SEPA, and other applicable statutes. 3. Klickitat County supports efforts to determine appropriate visitor uses, densities, and timing on water and land recreation activities in Klickitat County. 4. Klickitat County recommends federal and state agencies undertake an intense signing effort to clearly identify off-road vehicle trails. 5. Klickitat County recommends that recreation based organizations promote responsible use for protecting the natural resources of Klickitat County through education opportunities. 6. Klickitat County recommends at least one County appointed or nominated representative be included on any team-based decision making process which state or federal agencies undertake pertaining to natural resources in the county. 7. Klickitat County requests that federal and state agencies to notify the county of any proposed actions or regulations that may impact recreation and tourism opportunities within the county. Klickitat County will review and comment on federal or state actions or changes significant to recreation and tourism on natural resource lands in Klickitat County. 8. Klickitat County requests federal and state agencies to consult with the County during the early stages of planning new, expanded or improved recreational developments in the county. 9. Klickitat County opposes recreational activities that will burden existing public services or will remove land from the tax base or will conflict with existing uses unless the potential impacts are mitigated. 10. To the maximum extent provided in law, Klickitat County requires that federal and state agencies coordinate with the County and its adopted plans and ordinances pertaining to natural resource matters. Weed Management Weed management is defined as the ability to control plants that interfere with management objectives for a given area of land at a given point in time. As per this Natural Resources Coordination Plan, weed management has a direct impact on all the categories of natural resource dependant customs and culture in the county, as weeds disrupt natural resource use and degrade the environment. The management of invasive plant species is one of the most important and challenging threats to the long-term health and stability of our natural resources. Effective management of invasive species is almost always an important component of successful ecosystem management as weeds disrupt natural resource use and degrade the environment. July, 2007 18 ---PAGE BREAK--- Washington State promulgated chapter17.10 RCW Noxious Weeds - Control Boards in 1969 to limit economic loss due to the presence and spread of noxious weeds. Revisions to the law were made in 1987. This weed law mandates the control of many weed species. In accordance with the law, the Klickitat County Noxious Weed Control Board was activated by the Board of County Commissioners in April 1976. The mission of the Weed Board is to serve as responsible stewards of Klickitat County by protecting and preserving the land and resources from the degrading impact of noxious weeds. Overall, there is federal, state, and county consensus that using Integrated Plant Management concepts will result in acceptable weed control. The major weed control tactics addressed in Integrated Plant Management include various combinations of the following: • Education (plant identification, life cycles, mapping infestations, etc.); • Prevention (irrigation management, soil fertility, range management, etc.); • Mechanical and physical (cutting, mowing, burning, cultivation, cross-fencing, etc.); • Cultural (establishment of desirable and competitive plants, etc.); • Biological (grazing, predators, parasites, pathogens, etc.); and • Chemical (weed oils, non-selective and selective herbicides, plant growth regulators, etc.) General agreement exists on how to appropriately control weeds; however, a long-term commitment of funding from federal and state agencies has not occurred. As an example of lack of federal agency commitment to weed management, the Natural Resources Conservation Service (NRCS), (United States Department of Agriculture Farm Services Administration (USDA/FSA) and Conservation Districts do not cost share funding for weed control, yet they cost share on several other land management and improvement practices. Klickitat County believes it is imperative for federal and state agencies to dedicate line-items in their annual budgets specifically allocated for weed management efforts. Although various federal and state agencies have supported weed management by utilizing monies in discretionary or general funds, this does not secure funds for regular long-term weed management, a need justified by numerous scientifically based studies. Annual uncertainty as to funding sources and available dollars by federal and state agencies does not allow federal and state agencies to establish long-term weed management. Policies: 1. Klickitat County supports and implements the concepts of Integrated Plant Management and weed control tactics 2. Klickitat County supports cooperative efforts with federal, state, and private land managers to enhance cooperative weed management efforts county-wide. 3. Klickitat County provides secure long-term funding for weed management efforts in the County by appropriating dollars earmarked for weed management and recommends federal and state agencies do the same. 4. Klickitat County recommends cooperative efforts with federal, state, and private land managers continue to be an option for county weed control. July, 2007 19 ---PAGE BREAK--- 5. Klickitat County recommends at least one County appointed or nominated representative be included on any team-based decision making process which state or federal agencies undertake pertaining to natural resources in the county. 6. Klickitat County requests that federal and state agencies to notify the County of any proposed actions or regulations that involve weed management on federal and state land within the county. Klickitat County will review and comment on federal or state actions or changes significant to weed management issues in the county. 7. To the maximum extent provided in law, Klickitat County requires that federal and state agencies coordinate with the County and its adopted plans and ordinances pertaining to natural resource matters. July, 2007 20 ---PAGE BREAK--- APPENDIX A: Acronyms AUM Animal Unit Month BLM Bureau of Land Management EPA U.S. Environmental Protection Agency ESA Endangered Species Act GIS Geographic Information System GPS Global Positioning Systems NRCS Natural Resources Conservation Service NEPA National Environmental Policy Act FLPMA Federal Land Policy and Management Act R.S. 2477 Revised Statute 2477 SEPA State Environmental Policy Act USDA/FSA United States Department of Agriculture/Farm Services Administration USFS United States Forest Service USFWS United States Fish and Wildlife Service WDFW Washington Department of Fish and Wildlife July, 2007 21 ---PAGE BREAK--- APPENDIX B: County and Public Involvement in Federal Natural Resource Plans, Policies and Regulations There are several laws which provide for local government and public involvement in federal actions. Many of these laws provide for local government participation in cooperating agency status as well as the ability to influence federal and state planning actions. A. Federal Process and Procedural Statutes and Executive Orders 1. Administrative Procedure Act 5 U.S.C. §553, requires notice and comment of proposed regulations. 2. Intergovernmental Cooperation Act, 3 U.S.C. §301, 42 U.S.C. §4231(a), provides that federal agencies are to coordinate programs and plans with state and local governments. See also Executive Order 12372 (July 14, 1982). 3. National Environmental Policy Act ("NEPA"), 42 U.S.C. §4331, 40 C.F.R. §1506.6; a. NEPA policy is to promote public involvement. 40 C.F.R. §1506.6. 4. Code of Federal Regulations (CFR), 40C.F.R. Sec. 1508.5 “A State or local agency of similar qualifications or, when the effects are on a reservation, and Indian Tribe, may by agreement with the lead agency become a cooperating agency.” 5. Executive Order Facilitation of Cooperative Conservation August 26, 2004. “The purpose of this order is to ensure that the Departments of the Interior, Agriculture, Commerce, and defense and the Environmental Protection Agency implement laws relating to the environment and natural resources in a manner that promotes cooperative conservation, with an emphasis on appropriate inclusion of local participation in Federal decision-making, in accordance with their respective agency missions, policies, and regulations.” B. Management of Federal Land 1. Federal Land Policy and Management Act ("FLPMA"), 43 U.S.C. §1701, et seq., a. "The Secretary shall allow an opportunity for public involvement and by regulation shall establish procedures, including public hearings where appropriate, to give federal, State and local governments and the public adequate notice and opportunity to comment upon and participate in the formulation of plans and programs relating to the management of the Natural resources." 43 U.S.C. §1712(f). b. Coordination with local government is required in addition to public involvement by regulation for development of Natural resource plans, guidance and revision or amendment of plans. 43 C.F.R. §1610.3. c. "In exercising his authorities under this Act, the Secretary by regulation shall establish procedures, including public hearings where appropriate, to give the federal, State, and local governments and the public adequate notice and an July, 2007 22 ---PAGE BREAK--- opportunity to comment upon the formulation of standards and criteria for, and to participate in, the preparation and execution of plans and programs for, and the management of, the Natural resources." 43 U.S.C. §1739(e). d. "The Secretary, with respect to the Natural resources, shall promulgate rules and regulations to carry out the purposes of this Act and of other laws applicable to the Natural resources, and the Secretary of Agriculture, with respect to lands within the National Forest System, shall promulgate rules and regulations to carry out the purposes of this Act." 43 U.S.C. §1740. 2. National Forest Management Act ("NFMA"), 16 U.S.C. §§1600 et seq. a. "In developing the reports required under subsection [Resource Planning Assessments] of this section, the Secretary shall provide the opportunity for public involvement and shall consult with other interested governmental departments and agencies." 16 U.S.C. §1601(c). b. "The Secretary shall provide for public participation in the development, review, and revision of land management plans including, but not limited to, making the plans or revisions available to the public at convenient locations in the vicinity of the affected unit for a period of at least three months before final adoption, during which period the Secretary shall publicize and hold public meetings or comparable processes at locations that foster public participation in the review of such plans or revisions." 16 U.S.C. §1604(d). c. National Forest System Natural resource planning is implemented in 36 C.F.R. Part 219. d. Public involvement in natural resource planning, 36 C.F.R. §§219.14-219.18. e. Amendments to NFMA plans require public notice as well. 16 U.S.C. §1604(f)(4). f. Natural resource planning regulations are to follow the Administrative Procedure Act (APA) requiring notice and public comment. 16 U.S.C. §1604(g). g. "In carrying out this subchapter, the Secretary of Agriculture shall utilize information and data available from other Federal, State and private organizations and shall avoid duplication and overlap of resource assessment and program planning efforts of other Federal agencies." 16 U.S.C. §1610. h. "In exercising his authorities under this subchapter and other laws applicable to the Forest Service, the Secretary, by regulation, shall establish procedures, including public hearings where appropriate, to give the federal, State and local governments and the public adequate notice and opportunity to comment upon the July, 2007 23 ---PAGE BREAK--- formulation of standards, criteria, and guidelines applicable to Forest Service programs." 16 U.S.C. §1612(a). i. Public involvement in all Forest Service decisions, 36 C.F.R. Part 216, implements 16 U.S.C. §1612 of NFMA. Exempts from public notice and comment manual direction on personnel, contracting and routine business operations. 36 C.F.R. §216.3(a)(3). Notice of new direction or guidelines based on level of interest and impact, 36 C.F.R. §216.4. j. Secretary has authority to create advisory boards necessary "to secure full information and advice on the execution of his responsibilities." 16 U.S.C. §1612(b). k. Secretary is to implement NFMA through rulemaking with notice and public comment pursuant to Administrative Procedure Act (APA). 16 U.S.C. §1613. 3. Other Forest Service Regulations: a. Community stability, 36 C.F.R. §221.3. "Management plans for national forest timber resources shall . . . Be designed to aid in providing a continuous supply of national forest timber for the use and necessities of the citizens of the United States." C. Wildlife Protection 1. Coordination with state and other agencies in wildfire protection, 16 U.S.C. §661. 2. National Wildlife Refuge System is to coordinate with state agencies and other agencies and to provide for public involvement, 16 U.S.C. §668dd. 3. Coordinate with state and other entities in developing comprehensive plans for wildlife restoration, 16 U.S.C. §670g, 670h. 4. Counties are entitled to 25% of revenues from sales of operations within units of the National Wildlife Refuge System, 16 U.S.C. §715s. 5. National Trail System administration and coordination to occur in consultation with state, tribal and local governments, 16 U.S.C. §1246. 6. Wild & Scenic Rivers System to be designated and expanded in consultation with state and local governments, 16 U.S.C. §1273, July, 2007 24 ---PAGE BREAK--- 7. Endangered Species Act, 16 U.S.C. §1533. a. "With respect to any regulation proposed by the Secretary to implement a determination, designation or revision referred to in subsection or [listing or critical habitat], the Secretary shall--. . .give actual notice of the proposed regulation (including complete text of the regulation) to the State agency in each state in which the species is believed to occur, and to each county or equivalent jurisdiction in which the species is believed to occur, and invite the comment of such agency, and each such jurisdiction, thereon;" 16 U.S.C. §1533(b)(5)(A)(ii); 50 C.F.R. §§424(c)(ii); 424(c)(iii); b. Public comment of at least 60 days from F.R. and 30 days in all other rules. 50 C.F.R. §424.16(c)(2); c. Public hearings if requested. 50 C.F.R. §424.16(c)(3). d. The Secretary shall prior to final approval of a new or revised recovery plan, provide public notice and an opportunity for public review and comment on such plan. The Secretary shall consider all information presented during the public comment period prior to approval of the plan." 16 U.S.C. §1533(f)(4). e. Guidelines for classifying petitions and review of potentially threatened or endangered species shall have public notice and opportunity for comment. 16 U.S.C. §1533(h). f. Secretary is to cooperate with the states "to the maximum extent practicable." 16 U.S.C. §1535(a). This includes signing cooperative agreements and working with state fish and wildlife programs. 8. Coordinate, consult and provide for public involvement with local governments in conservation of soil and water, including private land grazing. 16 U.S.C. §§2003-2005. 9. State authority to develop conservation program for nongame wildlife and fish and public involvement, 16 U.S.C. §2903. D. Federal Pollution Laws 1. Clean Water Act, 33 U.S.C. §§1251, et seq. a. "It is the policy of the Congress to recognize, preserve, and protect the primary responsibilities and rights of the States to prevent, reduce and eliminate pollution, to plan the development and use (including restoration, preservation, and enhancement) of land and water resources and to consult with the Administrator in the exercise of his authority under this chapter." 33 U.S.C. §1251(b). July, 2007 25 ---PAGE BREAK--- b. "Public participation in the development, revision, and enforcement of any regulation, standards, effluent limitation, plan or program established by the Administrator or any State under this chapter, shall be provided for, encouraged, and assisted by the Administrator and the States. The Administrator, in cooperation with the States, shall develop and public regulations specifying minimum guidelines for public participation in such process." 33 U.S.C. §1251(e). c. "It is the policy of Congress that the authority of each State to allocate quantities of water within its jurisdiction shall not be superseded, abrogated, or otherwise impaired by this chapter. It is the further policy of Congress that nothing in this Chapter shall be construed to supersede or abrogate rights to quantities of water which have been established by any State. Federal agencies shall cooperate with State and local agencies to develop comprehensive solutions to prevent, reduce and eliminate pollution in concert with programs for managing water resources." 33 U.S.C. §1251(g). d. "The Administrator, shall, after careful investigation and in cooperation with other federal agencies, State water pollution control agencies, interstate agencies, and the municipalities and industries involved prepare or develop comprehensive programs for preventing, reducing or eliminating the pollution of the navigable waters and ground waters and improving the sanitary conditions of surface and underground waters." 33 U.S.C. §1252(a). 2. Resource Conservation Recovery Act ("RCRA"), 42 U.S.C. §§6901 et seq. a. State solid waste regulatory programs authorized. 42 U.S.C. §6926. b. State underground storage tank programs authorized. 42 U.S.C. §6991c. 3. Clean Air Act, 42 U.S.C. §§7401, et seq. a. Public involvement in preparation of state and regional implementation plans, 42 U.S.C. §7410. 4. Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §§9601, et seq. 5. Community Right to Know, 42 U.S.C. §§11001 et seq., implements broad authority to inform members of the public regarding the existence or presence of regulated substances. E. Resource Development 2. Federal leasing laws. a. Coal leasing, 30 U.S.C. §201 July, 2007 26 ---PAGE BREAK--- b. Coal leasing on acquired lands, 30 U.S.C. §357 c. Leasing in railroad lands or rights-of-way, 30 U.S.C. §301 4. Surface Mining Coal Reclamation Act ("SMCRA"), 30 U.S.C. §§1201, 1253, 1255. a. Public notice required for coal mining permits. 30 U.S.C. §1263. F. Public and Rural Services 1. Plant and Animal Damage a. 7 U.S.C. §2808, 2814 (cooperate with counties on noxious weed control); b. 7 U.S.C. (cooperate with state and local government in animal damage control). c. State agencies authorized to control noxious weeds on natural resources, 43 U.S.C. §1241. 2. Electrical and Telephone Services a. 7 U.S.C. §950aa (economic development aid for service) b. 7 U.S.C. §2281 US Department of Agriculture advisory councils G. Federal Transportation System 1. Federal Highway Act a. Consult with local governments, 23 U.S.C. §204, 214. July, 2007 27 ---PAGE BREAK--- APPENDIX C: County and Public Involvement in State Natural Resource Plans, Policies and Regulations A. Process and Procedural Statutes 1. Administrative Procedures Act, chapter 34 RCW a. RCW 34.05.310: To meet the intent of providing greater public access to administrative rule making and to promote consensus among interested parties, agencies shall solicit comments from the public on a subject of possible rule making before filing with the code reviser a notice of proposed rule making under RCW 34.05.320. b. RCW 34.05.320 requires notice and comment of proposed regulations. 2. Watershed Planning Act, chapter 90.82 RCW a. Chapter 90.82 RCW provides for state agencies to work with local governments and citizenry to develop plans that provide the framework for water resource and habitat management decisions within the geographic area covered by the plans. 3. Salmon Recovery Act, chapter 77.85 RCW a. Chapter 77.85 RCW provides for local government leadership and citizen participation in identifying, prioritizing, and sequencing salmonid habitat projects funded by the State. b. The statute encourages local and regional planning to guide recovery of salmonid stocks listed under the Federal Endangered Species Act (ESA). 4. Endangered, Threatened, and Sensitive Wildlife Species Classification, WAC 232-12-297 a. WAC 232-12-297 provides rules for listing and delisting endangered or threatened species. The rules include providing an opportunity for interested parties to submit scientific data relevant to a species status review, classification recommendations, and any SEPA findings. Upon initiation of the listing process the Washington Department of Fish and Wildlife (WDFW) shall publish a public notice and notify those parties who have expressed their interest to the Department. b. WAC 232-12-297(11) provides for the development of listed species recovery and management plans, as well as implementation plans for reaching population objectives which promote cooperative management and be sensitive to landowner needs and property rights. The WDFW shall publish public notice and notify those parties who have expressed their interest in recovery plan development to the Department. July, 2007 28