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Browsing the blog archives for March, 2017.

Port Angeles, WA to sue Park Service in dispute over Elwha River water facilities

Dams other than Klamath, Federal gov & land grabs

PNP comment:  Port Angeles is a city in and the county seat of Clallam County, Washington, United States. With a population of 19,038 as of the 2010 census,[7] it is the largest city in the county, according to Wikipedia. It is worth checking out the entire article at the link below. It looks like the fed gov. is not fulfilling its obligations. Shock !!! — Editor Liz Bowen

 

Peninsula Daily News

PORT ANGELES — The Port Angeles City Council has set the stage for filing a Freedom of Information Act lawsuit against the National Park Service.

It’s part of a growing impasse related to the historic removal of the Elwha River dams.

In the latest twist, council members last week unanimously authorized City Manager Dan McKeen to have the city’s legal counsel file the Freedom of Information Act (FOIA) lawsuit against the Park Service if the agency continues to apparently balk on fulfilling the city FOIA public records request.

City Attorney Bill Bloor said at the council meeting Tuesday that the Park Service has not provided contract information being sought by the city on the $25 million Elwha River surface water intake and treatment facilities.

They were built to treat much of the estimated 34 million cubic yards of sediment released by the removal of the Glines Canyon and Elwha dams to replenish the river’s salmon run.

The dams were removed in 2014 in the largest project of its kind in the nation’s history, but the overall river restoration project is ongoing.

The Park Service in February denied the city’s $60 million claim to mitigate the financial impact if the Park Service transfers the plant to the city, as it plans to do.

City officials have said they want the Park Service to provide a fund to pay for facility improvements and the annual operation of the intake system, a cost estimated at $750,000 to $1 million that would include hiring up to three new employees.

The water facilities provide industrial water to the state Department of Fish and Wildlife rearing channel, the Lower Elwha Klallam tribe’s fish hatchery and Nippon Paper Industries USA’s mill.

Nippon is undergoing a transfer of ownership to McKinley Paper Co., a U.S. subsidiary of Mexico-based Bio-Pappel paper products company, a process McKinley officials said would be completed by the end of this month.

Herb Baez, McKinley’s vice president of operations, did not return a call for comment Friday.

The city’s $60 million claim against the Park Service alleged that the federal government “still needed to do more to make those facilities acceptable to the city,” Bloor told council members Tuesday.

“We could not continue to operate them as we operate them now.

“If we take over those facilities, it would be extremely expensive to the city.”

The city still intends to reach a settlement with the Park Service, Bloor added.

The statute-of-limitations deadline for the city to file litigation against the Park Service to cover the city’s costs is around August 2018, Bloor said in an earlier interview.

The city filed a FOIA request for the contract file nine months ago and has received “very little in response,” Bloor said, making it necessary to lay the groundwork for a suing the federal government to obtain the information.

“We think that perhaps by authorizing the city manager to have that authority that maybe the Park Service will be more forthcoming with the records,” he added.

Sally Mayberry, a public affairs specialist with the Park Service’s Denver service center, said Friday the agency’s FOIA officer was out of the office, so she was unable to say how far along the agency is in fulfilling the city’s public records request.

The cost of the restoration project has been estimated at $325 million, but that and a completion date are up in the air, Mayberry said.

“Due to the nature of the ongoing situation, I don’t have any updates to the project completion date or the cost,” she said.

Mayor Patrick Downie, Deputy Mayor Cherie Kidd and Councilman Lee Whetham spoke Tuesday in favor of the lawsuit-filing authorization Tuesday.

“We’ve got the future of our town riding on this,” Whetham said.

The city contends that the Park Service has not followed through on a pledge to maintain the amount and quality of water available to the city and its residents that existed in 1992 under the city’s municipal and industrial water rights under the Elwha River Ecosystem and Fisheries Restoration Act.

Under the act, the secretary of the interior is responsible for “specific proposals to protect the quality and quantity of water available for municipal and industrial use.”

________

Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 55650, or at pgottlieb@peninsuladailynews.com.

Port Angeles to sue Park Service in dispute over Elwha River water facilities

In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

 

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Journalist Arrested For Defense of First Amendment

Bill of Rights, Bundy Battle - Nevada, Bureau of Land Management, Constitution, CORRUPTION, Courts

Redoubt News.com

March 30,2017

by Shari Dovale

Gary Hunt has been keeping Americans informed of Constitutional violations by the government for over 20 years. He has reported on the Ruby Ridge massacre as well as the Waco Siege.

More recently, Hunt has released information pertaining to Confidential Human Sources (aka Informants) in the Bunkerville Standoff and the Malheur Refuge Protest.

It was revealed during the first trial of the Malheur defendants that the FBI use of informants were extensive and, possibly, illegal. This is based on the informants being involved with the leadership of the protest, in charge of security, training with firearms, and more.

However, the court, specifically Judge Anna Brown, ruled that the names of the informants were not to be made public by the defense. The defense, through their investigative skills, determined the names of some of the informants, such as Fabio Minoggio (aka John Killman).

The prosecution was forced to turn over their documents, of which they redacted the identifying information. The court then ordered the involved parties to not share this information, so as to keep the identities of the informants secret.

However, it did not include other members of the public, such as a journalist, if they somehow obtained copies of the reports.

Hunt, through his investigative skills, obtained copies of (presumably) all the 1023 reports (CHS reporting documents). He then went through them and identified many more informants. After confirming these identities, he published the information, which has been picked up by many outlets including Redoubt News.

The court has decided that this reporting is against their orders. Judge Brown ordered Hunt to take down all materials and information pertaining to the informants from his website. Hunt refused and distinctly laid out his arguments, publicly posted under the series “Freedom of the Press.”

Though Hunt is clearly not a party to the case, and has protections under the first amendment, the court has ordered Hunt to be arrested on contempt of court charges and brought to Oregon and her jurisdiction. It is thought that the court is considering adding ‘aiding and abetting’ charges as well.

Judge Brown has kept the arrest warrant close to the vest as she apparently was afraid of the word getting out to Hunt’s supporters. It does not seem likely that she was concerned Hunt could be considered a flight risk as he has already stated that he was ready for this legal argument.

Freedom of the Press 11 – Aiding, But Not Abetting

http://redoubtnews.com/2017/03/30/journalist-arrested-first-amendment/

 

In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Bundy Battle - Nevada, Bureau of Land Management, Constitution, CORRUPTION, Courts, CRIMINAL, Federal gov & land grabs

PNP comment:  An enlightening article from Shawna Cox. There are brave and courageous women and men working for truth. May God bless them! — Editor Liz Bowen

Redoubt News.com

March 30, 2017

Dozens of people filed complaints with the County Sheriff’s Office against all the Federal Agents who pointed guns and threatened to kill all the unarmed Americans protesting under the Toquap Bridge.

Dear America,

Federal Court in Las Vegas, Nevada: March 22, 2017 during the “Cliven Bundy Trial #1,” the federal prosecutors were still putting on their case. This would be the 22nd day of trial since it began on Feb. 6, 2017.  In cross examination of one of the federal agents, the only Pro Se Defendant, Todd Engel, asked the agent if it was true that the Special Agent in charge, Daniel P. Love of the BLM, was under investigation for misconduct. (Remember “Burning Man”?)

The witness did not answer the question before the prosecution immediately jumped to their feet and objected.  After all, the defendants were not allowed to talk about the main character in the whole Bundy Standoff.  The prosecution has raised his name a number of times but only in the light that is most favorable for them. Judge Navarro immediately sent the jury out of the room.  It was time for a break anyway. The prosecutors demanded that Mr. Engel be stripped of his Pro Se status.  After a few  moments of thought, the Judge agreed to strip Todd of his Pro Se but just for the rest of the day. ( I believe she was trying to figure out a way to do it.)

The 6th Amendment provides “to have the assistance of counsel for his defense.”  Of which, Todd’s counsel was fired because of falling asleep in hearings, no communication with defendant, no knowledge of the case, refusing to ask the questions put before him of the defendant, only performing when others are looking over his shoulder or trying to assist his client, etc. This would now leave Mr. Engel with no defense!

Judge Navarro did make the ruling to strip Todd’s Pro Se status the very next day.

The same afternoon during cross examination of FBI Agent Caputo, the sage attorney, T. Jackson who represents Greg Burleson, asked the agent if he had worked with Greg Burleson before.  “Yes.”  When?  “2012 – 2013.”  So… you could say Greg Burleson was working as a paid informant in 2012-2013?  “Um…Yes, we were working on a murder case.”  What happened to him in 2103?  “I handed him off.”

The audience were in shock with jaws dropping.  A few other questions followed, and then the last questions of the day…Who did you hand him off to?  “Agent Nixon.”  The same Agent Nixon that just testified in this trial the yesterday?  “Ah…(looking to the Prosecutors for help)…Ah, Yes.”

So now it is obvious to all of us that Greg Burleson was and has been a paid informant for the FBI for a few years, and now he has been in jail sitting in with the defendants during their client/attorney meetings etc.  The defendants are sure this is the basis for a “mistrial” and this information just confirmed what they felt all along: Greg Burleson had a different reason to come to the ranch than all the rest of them.

The next day the Judge acted like nothing happened the day before and waved it off like nothing to see here…move along.  The prosecution even went so far as to play all of the Longbow (FBI fake film company interview with Burleson–terrible and overly dramatized!  They even showed all of his Facebook posts afterwards, which are boisterous, obnoxious, filled with bad language, and not the spirit that everyone else was feeling there. These fake narratives were used to ramp up the hysteria about the militia and the protests and to sway public opinion.

We just want to tell the truth, so why can’t the media go into court and show the world what really goes on in these Federal Courts?  Why are they only allowed to take notes and draw pictures?  The defendants want an open court and have asked for it but the Judge still refuses media access.  The information that goes out by way of the major media is only a spin because their reporters don’t even stay in the courtroom the whole day. They report things of very little concern and try to keep the public in the dark.

This is criminal!

All the while they keep the Bundy men and all the real patriots, locked up with no bail and no relief.  They are treated worse than if they were already found guilty of some horrible crime.  These judges, along with many other politically motivated people, have created a conspiracy against We the People.

Harry Reid’s Role

Senator Harry Reid, in April 2014, called all the people at the Bundy Ranch Standoff “Domestic Terrorists” because we exposed his and his son, Rory Reid’s, land deal with China.  They had a contract with a company from China to sell the Nevada land Cliven Bundy has been grazing on for over 150 years, for pennies on the dollar. Makes you wonder how politicians go into office to serve and come out filthy rich.

Judge Navarro has a conflict of interest and should have recused herself from this trial.

In 2009 she was working as an attorney for the Clark County Commission with Rory Reid as one of those commissioners.  Her husband, Brian Rutledge, was also working in the county and is still working as the District Attorney.

In 2009, Judge Navarro was recommended by Rory Reid a Clark County Commissioner, whom she worked with, to be nominated by (his father) Harry Reid to President Obama to become the Chief Judge in the US District Court of Nevada here in Las Vegas.  Harry contacted Governor Brian Sandoval to replace Judge Robert C Jones and Gloria Navarro was appointed on January 1, 2014.

Judge Robert C Jones was demoted at that time probably because he was the Judge who sat on the Wayne Hage case and saw the injustice and out of control BLM and the Hage Case won in court.  Her appointment bypassed all the experienced Judges who worked their way to the top and placed a young woman with very little experience, to be their master.

April 19, 2015 Chief US District Judge Gloria Navarro assigned the Hage case to herself and in September 2015 the Wayne Hage case was overturned.  She is BIASED and should have recused herself from this Bundy Case.  Harry Reid has been placing these people in office to further his own agenda.

She also should have recused herself from this Bundy Case because it is a conflict of interest with her husband, Brian Rutledge was the District Attorney who failed to prosecute anyone after the standoff and dozens of people filed complaints with the County Sheriff’s Office against all the Federal Agents who pointed guns and threatened to kill all the unarmed Americans protesting under the Toquap Bridge that day of April 12, 2014.

Federal law requires the automatic disqualification of a federal judge under certain circumstances.

In 1994, the U.S. Supreme Court held that “Disqualification is required if an objective observer would entertain reasonable questions about the judge’s impartiality.  If a judge’s attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified.”

Just like Harry did with Neil Kornze, the former head of the Bureau of Land Management in the Obama Administration. Neil had been tutored as Harry’s personal secretary. Two days before the assault at the Bundy Ranch in 2014, Harry Reid made Neil the head of the BLM. There were a lot of disgruntled people who had been working their way to the top for years with lots of good experience and were bypassed by this young man through the influence again of Harry Reid.  Harry needed someone to do his dirty work.

Shawna Cox: What America needs to know about the Bunkerville trial

In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Congress to consider water rights settlement between Utah, Navajo Nation

Water rights

Deseret News

@dennisromboy

SALT LAKE CITY — Sen. Orrin Hatch and Rep. Jason Chaffetz have introduced legislation to create a settlement between Utah and the Navajo Nation over Colorado River water rights.

After 13 years of talks, a federal negotiations team review and the Navajo Nation Council’s approval, the state and tribe agreed to resolve the water rights claims through a negotiated settlement rather than the courts.

The bill authorizes the federal government to spend up to $198.3 million for Navajo water projects, including wells, pipelines and water treatment plants. Utah would pitch in $8 million. In exchange, the legislation would limit the legal exposure and litigation costs of the federal government and the state.

“This result took a great deal of time and commitment, and I’m grateful so many willing partners stepped up to the plate to address this complex issue,” Hatch, R-Utah, said in a statement.

Navajo Nation Speaker of the House Lorenzo Bates said the legislation is a great step forward in bringing safe, clean drinking water to Utah Navajo communities.

The settlement is a win-win for the nation and the state, said Navajo Nation President Russell Begaye.

“Consequently, we are looking forward to working with Sen. Hatch, Rep. Chaffetz and the rest of the Utah congressional delegation in moving this historic legislation through Congress,” Begaye said in a statement.

The settlement would give the tribe 81,500 acre-feet annually of Utah’s unused share of water. The Navajo Nation could draw the water from aquifers, as well as the San Juan River and its tributaries. It also could divert water from Lake Powell, though it has no plans to do so, the Associated Press reported last year.

The Navajo communities in Utah currently use only a fraction of the water allocated in the settlement. But the agreement would allow for economic development and leasing of water to entities off the reservation, and the tribe wouldn’t lose any water it did not put to use, according to the settlement.

Chaffetz, R-Utah, said the settlement will improve the quality of life for Utah Navajos.

MORE

http://www.deseretnews.com/article/865676750/Congress-to-consider-water-rights-settlement-between-Utah-Navajo-Nation.html

In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Utah: State wants $145,000 in Tibble Fork sediment release

Dams other than Klamath

PNP comment: Wow, Utah recognizes the environmental damage and fish-kill associated with sediment release into a river. Too bad, Oregon and California can’t see the same problem if the Klamath dams are destroyed. — Editor Liz Bowen

Deseret News

@amyjoi16

SALT LAKE CITY — Last August’s sediment release during the restoration of the Tibble Fork Dam is prompting Utah water quality regulators to seek more than $145,000 in penalties and reimbursement from the dam’s operators.

About 5,200 fish died in a 2-mile stretch of the American Fork River in Utah County after 5,000 cubic yards of metals-laden mud washed into the waterway on Aug. 22.

Utah Division of Wildlife Resources employees Mike Slater and Stuart Bagley use electrification tools to identify fish mortality in the American Fork River below Tibble Fork Dam on Tuesday, Aug. 23, 2016. | Scott G Winterton, Deseret News

The dam and reservoir, operated by the North Utah County Water Conservancy District, serves downstream irrigators that include farmers and cities.

In a proposed settlement agreement signed Thursday, the water district agreed to pay $52,500 in penalties and nearly $93,000 in reimbursement to the Utah Division of Water Quality to cover sampling and monitoring costs incurred from Aug. 23 to Sept. 5.

The district also agreed to monitor the river until its health is restored to prerelease conditions.

“We want to ensure that the water quality of the American Fork River is restored and that residual sediments from the release don’t degrade the river or threaten public health or aquatic life in the future,” said Walt Baker, water quality director. “Most importantly, we want to make sure that this kind of incident doesn’t happen again.”

MORE

http://www.deseretnews.com/article/865676753/State-wants-145000-in-Tibble-Fork-sediment-release.html

In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Liz Writes Life 3-28-17

Liz Writes Life

March 28, 2017

Liz Writes Life

Our peas are up about an inch high and it is time to get onion starts in the ground. Yep, after the dark snowy winter, gardening season will soon be upon us. Sure do love the bright color that spring bulbs and flowers bring.

Water

April 4, 2017 is an important day to support Siskiyou County in its application to the State of California as a Groundwater Sustainable Agency. The county needs to be in control of our groundwater and if the GSA application is not approved, the state will take over control of our groundwater — immediately. Ugh.

Elizabeth Nielsen, Siskiyou County Natural Resources Specialist, did a thorough job explaining the new state law regarding groundwater at the Scott Valley Protect Our Water meeting last week. This situation is a bit ominous. If the county does not create its own Groundwater Sustainable Agency and submit its application for that agency by June 30, 2017, the State Water Board will intervene to manage groundwater extraction activities in Siskiyou County. The State Water Board will have the power to assess fees for its involvement and will levy fees of $100 per well and in unmanaged areas the cost will be $10 per acre foot per year if the well is metered and $25 per year if not the well is not metered. Yep, this is scary and costly. Oh, and will start on July 1, 2017!

Our county supervisors are proposing that the Siskiyou Flood Control and Conservation District serve as the agency that will oversee the Sustainable Groundwater Management Plan. The plan must be operable by 2022 using information developed by local landowner committees in the four subbasins that are affected. Those subbasins are: Scott Valley, Shasta Valley, Butte Valley and the Tulelake area.

Actually, a sub-type of agency will be developed in each of these subbasins. The important key is that the agency members will be local landowners and groundwater users, including water districts and municipalities.

Ray Haupt, Siskiyou Co. Dist. 5 Supervisor, said the county hopes the citizens will support its application to the state. He wants to “seize this process” and keep control local over groundwater instead of the state’s one-size-fits-all demands. Ray said the county supervisors voiced vigorous opposition to the 2014 Sustainable Groundwater Management Act. But it passed the state legislature and Gov. Brown signed it into law.

Elizabeth is asking individuals with groundwater wells to attend and express support at the April 4th hearing. She has been tasked with completing the county’s application. The hearing will be held at 1:30 p.m. at the supervisors’ chambers at the courthouse in Yreka. This is next week folks. Please attend or write-in comments of support.

For more on the GSA law and process, go to Elizabeth’s website for a power point presentation. The easiest way to find the site is to Google “Siskiyou County Natural Resources Department” and when you reach the site, scroll down and in the middle is a list with “Natural Resources – Groundwater” in it. Or give Elizabeth a call at 530-842-8012.

Scott Valley Plan

At the Protect Our Water meeting last week, Ray explained the basics of the Scott Valley Plan. It was hashed-out during the 1970s and in Nov. 1980, the county supervisors adopted the plan. Custom and culture was a major feature of the Scott Valley Plan. It is restrictive regarding zoning. The emphasis was on agriculture and open space for future land use decisions and development. The plan was developed by a self-appointed citizen’s committee that held 21 public meetings from 1978 to 1980 and also went through the dreaded CEQA process.

As a summary, Ray explained the plan’s major points: No high density development; development is only to occur near other developed areas; fire, ambulance and public services should not be over-burdened with any population increase; all uses of land should be compatible with neighboring lands; and intensive development is not to occur on the valley floor. The maximum population of Scott Valley should not be over 20,000. Control and style of growth was the major reason for placing the zoning restrictions.

I will add that the JH Guest Ranch is certainly outside the Scott Valley Plan. In my opinion, the gradual expansion of JH guests were ignored by the county back in the 1990s. Ray said the supervisors are working to see the ranch is reeled back and conforms to the zoning codes.

Wolf

Wolf-lovers are ecstatic. Young wolves from the Shasta Wolf Pack have been found across the state line in Nevada. The wolves were spotted west of Black Rock Desert in November.

This is the concern for those of us, who are not lovers of wolf population expansion. Without management of a hunting season, the wolf population will continue to grow affecting wildlife prey populations and attacks on livestock. The “plan” was to allow the Canadian Gray Wolf population to naturally expand from Idaho into Oregon and California through protection of the Endangered Species Act. Yep, it is working.

Erin’s Law

To learn more about helping children stand-up to sexual abuse, attend the Yreka Tea Party Patriots’ meeting tonight at 6:30 p.m. at the Covenant Chapel Church, 200 Greenhorn Rd. in Yreka. Siskiyou Co. Superintendent of Schools, Kermith Walters, will present the program that is being implemented in our schools.

Zinke

The Siskiyou Co. Water Users Assoc. sent a letter supporting Siskiyou County’s invitation to the newly appointed U.S. Sec. of Interior, Ryan Zinke, asking him to visit Siskiyou Co. and to oppose the destruction of the four hydro-electric dams in the Klamath River. President Richard Marshall cited the 2010 advisory vote by Siskiyou Co. where nearly 80 percent of the residents oppose dam removal and Klamath County’s vote last year where 75 percent opposed dam removal.

Wow, that would be wonderful for Sec. Zinke to visit Siskiyou and see first-hand the damage that dam removal would do to our environment.

Liz Bowen is a native of Siskiyou Co. and lives near Callahan. Call her at 530-467-3515.

# # #

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WLJ Guest Opinion: Is your local government prepared?

Agriculture, Liberty, President Trump and officials, Property rights

Western Livestock Journal

March 27, 2017

By Karen Budd-Falen

Is your local government prepared?

President Donald Trump and Interior Secretary Ryan Zinke have made promises about moving federal agency decision making back to the local level, putting Americans back to work and ensuring that the public lands are managed for “multiple use.”

While that sounds wonderful, making those promises means more than a directive from Washington D.C. It means that your local governments have to take the lead in dealing with the federal agencies. Local decision making is not just for counties with federal lands, but federal decisions can impact the use of private property as well.

There are three major ways that a local government can influence federal agency decisions; the type of process used by a local government will depend on the type of decision to be made and the time constraints of the local government. One type of local participation is not “better” or “worse” than another type. Again, it depends on the type of decision to be influenced and the preference of the local government.

So, again, I would pose the question: Is your local government prepared for local decision making? The following should help:

Consistency review

The National Environmental Policy Act (NEPA) and the Federal Lands Policy and Management Act (FLPMA) mandate that federal agency actions be as consistent as possible with local land-use policies or plans (LUP) and that the federal government must attempt to reconcile its federal decisions with the local LUP.

Those provisions are key in implementing the president’s promises, but there is a catch. In order to require this “consistency review,” a local government has to have a written local LUP, otherwise there is nothing for the federal agencies to be consistent with.

In my view, first, a local government should start with a review of the federal actions that the local government thinks will happen within the area. For example, are there threatened or endangered species or species of concern that will impact your constituents’ private property? Is the BLM or Forest Service revising its land-use plans or implementing their land-use plans? Was a local area included within a national monument, meaning that a management plan will have to be prepared? Are there any special designation lands that have been proposed like wild and scenic rivers, wilderness or conservation areas? Or are there other federal decisions that may impact the private property of your constituents and/or the public lands?

Second, the local government should determine its processes for dealing with the federal agencies. When do you want to update the federal agencies regarding the local government’s activities and when does the local government want updates from the federal agencies? How do you propose transmitting the local LUP to the federal agencies and offices? What is the local government’s view of “early consultation?” How does the local government want “coordination” to occur? These processes should be carefully articulated in the local LUP.

Third, the local LUP should discuss the “custom and culture” of the citizens, the history of the area, and the environmental features important to the local government. This information can come from historical accounts, personal stories, and environmental descriptions such as state wildlife habitat maps, National Resources Conservation Service (NRCS) soil descriptions, forage surveys, and other data. I do not believe that a local government has to gather new data or participate in new studies, but it is important to compile existing data from as many sources as possible to support your policies.

Fourth, your local LUP should include economic data and analysis. This should be more than just gathering employment statistics. Rather, the economic data included in the local LUP should support the local government’s policies. For example, if agriculture is important to the local economy, the local LUP should describe the economic detriment of a federal decision that would reduce animal unit months (AUMs) on public land or restrict grazing on private land. Most land-grant universities have good statistical data that can assist you with this analysis. You should also include information like circulating dollars, job numbers for the various economic segments, etc.

Finally, once the data is gathered, the local LUP should include the policies that the federal agencies should use for consistency review purposes. I believe that these policies are always stronger and provide a good basis from which the local government can work, if they are based on the data described above regarding custom and culture, economic stability and environmental protection.

I do not believe a simple “wish list” from the local government is a strong basis for protecting your constituents.

Additionally, in making decisions in compliance with NEPA, the federal government must use the “best data and information available.” The best available information about the local effects of a federal decision on the local custom, culture, economy and environment should come from the local government itself.

Note that your local LUP has to be in compliance with federal statutes and regulations with the “full force and effect of law.” However most federal statutes are very broadly written and allow for the survival of the local citizens, businesses and economies; the local government just has to assert those requirements.

Coordination

FLPMA and the National Forest Management Act (NFMA) also require “coordination.” Coordination is a process; not a result. Additionally, while your local government should “coordinate” with the federal agencies to protect their constituents and influence federal decisions, there is no statute dictating the specifics of the coordination process. Because the elements or steps of coordination are not statutorily defined, local governments should use their local LUP to define what coordination means and how it should work.

Cooperating agency status

NEPA also allows local governments to participate in an agency decision making process as “cooperating agencies.” An applicant for cooperating agency status must both (1) be a locally elected body such as a conservation district board of supervisors or a county commission; and (2) possess “special expertise.”

A local government’s special expertise is defined as the authority granted to a local governing body by state statute. Being a cooperating agency allows the local government to participate in the “identification team” with a federal agency. It is just another tool that a local government should consider when dealing with federal agencies.

Local governments can have a major impact on federal agency decisions if they are prepared and willing to take on the challenge. There are over 1,000 counties in the U.S. with a population of less than 10,000 citizens. Each one of these rural counties should have a voice in federal decisions that impact it. Is your county prepared? — Karen Budd- Falen, Senior Partner at Budd-Falen Law Offices LLC

http://npaper-wehaa.com/wlj#2017/03/27/?article=2894910

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State water agency unlikely to meet deadlines to repair Oroville Dam spillway, expert says

Agriculture - California, Air, Climate & Weather

L.A. Times

March 24, 2017

An engineering expert who visited the troubled Lake Oroville reservoir said this week that it would be nearly impossible for the state to complete temporary repairs to its fractured and eroded main spillway by a target date of Nov. 1.

In a report submitted to the Federal Energy Regulatory Commission this week, a panel of five independent consulting engineers warned that “a significant risk would be incurred” if the main spillway was not operational after October, which is the traditional start of California’s rainy season.

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http://www.latimes.com/local/lanow/la-me-ln-oroville-repair-timeline20170324-story.html

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Get ready for Calexit! Now Nigel Farage and the ‘Bad Boys of Brexit’ set their sights on splitting California in two

Briexit

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WHERE’S JEFFERSON?

AGENDA 21 RADIO

BY PAUL PRESTON

The ‘Bad Boys of Brexit‘ who led the campaign to break Britain away from the European Union have taken on a new exit challenge: splitting California into two states.

Former UKip leader Nigel Farage and Leave backer Arron Banks have just returned from the United States, where they helped raise $1million (£800,000) for a ‘Calexit’ campaign, which would split California into two eastern and western regions.

There are several ‘Calexit’ campaigns competing for a referendum in the United States, with one aiming to remove the state from America entirely as a response to President Donald Trump being elected last year.

Farage and Banks, who led the ‘Leave.EU’ campaign, appear to be pitting the eastern, more rural side of California against the western ‘coastal elite’ liberals in Los Angeles and San Francisco.

If broken apart, the eastern part of California would more likely vote Republican, giving the party two more senators and electoral college votes for a 2020 presidential election.

The Western side of the state would likely continue to vote Democrat in elections.

Farage and Banks’ goal is to hold a referendum during the US midterm elections in 2018, according to The Sunday Times.

Banks said of the campaign: ‘It would be portrayed as the Hollywood elites versus the people, breaking up the bad government. Seventy-eight per cent of people in California are unhappy with their government. It’s the world’s sixth largest economy and it’s very badly run.’

Banks said he and Farage wanted to show people in California ‘how to light a fire and win’ the Calexit referendum.

The pair were recruited for the campaign by polling expert Gerry Gunster and Republican Scott Baugh, a former member of the state assembly.

Banks, Farage and their spokesman Andy Wigmore were in California two weeks ago to receive an award for their Brexit campaign from the American Association of Political Consultants.

While in the state, Farage attended several events in Orange County, where Baugh is based, and about $1million was raised for the ‘Calexit’ campaign.

Banks, Farage and their spokesman Andy Wigmore were in California two weeks ago to receive an award for their Brexit campaign from the American Association of Political Consultants

Wigmore said that those who raised money – agriculture tycoons and tech entrepreneurs – have felt ‘left out since [Former President Ronald] Reagan’.

‘This has been done before with West Virginia and Virginia and North and South Dakota, so it can work,’ he said.

Banks added: ‘We were saying that people said the same about Brexit — and we just went and did it. The money was pledged to take it to the next level. This could be the greatest political showdown ever.’

Gunster has helped win 30 state referendums in America and predicted the EU vote within .01 per cent.

In California, 365,800 people have to sign a petition for a proposition to appear on a ballot.

With a population of nearly 40 million, California is one of the most diverse states in America, with whites outnumbered by Hispanics and members of other ethnic groups,

In 2015, it also had the sixth largest economy in the world, according to the International Monetary Fund — ahead of France and India.

In November’s election, the state broke nearly two-to-one in favor of Trump’s Democratic opponent, Hillary Clinton.

Another Calexit campaign emerging, called Yes California, would see the state seceding from America entirely.

Should that initiative make it on the ballot, a ‘Yes’ vote would repeal clauses in the California Constitution ‘stating California is an inseparable part of the United States and that the United States Constitution is the supreme law of the land,’ a statement from California’s Secretary of State Alex Padilla’s office said.

Farage, the former UKip leader, was the first British politician to meet President Donald Trump after his election win

Farage, the former UKip leader, was the first British politician to meet President Donald Trump after his election win

Voters would then need to decide in another referendum in 2019 whether California should become a separate country.

Yes California campaigners are pushing for independence on grounds the state is out of step with the rest of the US and could flourish on its own.

‘In our view, the United States of America represents so many things that conflict with Californian values, and our continued statehood means California will continue subsidizing the other states to our own detriment, and to the detriment of our children,’ according to their website.

Farage, the former UKip leader, was the first British politician to meet Trump after his election win.

He and the other ‘Bad Boys of Brexit’ held a boozy Washington DC party ahead of now-President Donald Trump’s inauguration in January

Farage toasted the billionaire tycoon in front of a rowdy crowd during a speech ahead of the presidential win.

In a speech to the packed room he said: ‘Brexit was great but Trump becoming president is Brexit plus, plus, plus. He was right when he said it was a movement – but a movement can’t exist, or flourish, without a leader. And Trump is the only man I’ve ever met in my life who has made me feel like an introvert.

‘He is a larger than life personality. When he was given the rule book for how you run for president he tore up the book and threw it out of the window.

In February, Farage posted a picture of him having 'dinner with The Donald' at a Trump Hotel on Twitter

‘And I guess, when I look back in the years to come, perhaps the greatest joy of 2016 was that realisation, as state after state in the mid-West went red, just to see the faces of those democrats.

‘I’ve spent most my life in politics being regarded, I suppose, as the patron saint of lost causes.

‘Through most of my life, what happens in America in terms of social trends or developments, we follow four or five years later. America is the leader.

‘Now I would like to think in my own little way that what we did with Brexit was the beginning of what is going to turn out to be a global revolution and that Trump’s victory is a part of that.’

Farage said: ‘We’ve had Brexit and perhaps that contributed just a little bit to things changing in the USA and who’s to say that bandwagon won’t continue to roll in 2017 across much of Europe.’

In February, Farage posted a picture of him having ‘dinner with The Donald’ on Twitter.

Finding common ground with some of Trump’s criticism of the political establishment, Farage met the president in November and has offered his services as Britain’s ambassador to the United States – something that has been rejected by Prime Minister Theresa May’s government.

Entitled ‘Dinner with The Donald’, Farage posted a picture of himself smiling at a camera, with Trump and four other people around a table in a photo which gave the location as the Trump International Hotel.

Read more: http://www.dailymail.co.uk/news/article-4350388/Nigel-Farage-s-Bad-Boys-Brexit-look-Calexit.html#ixzz4cXE6o600
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Klamath Basin Crisis.org News

Klamath Basin Crisis.org

KBC News

*** Oregon Rep Reschke seeks comments on three water bills, H&N, posted to KBC 3/25/17. “Installation of measuring devices on streams can cost tens of thousands of dollars. Daily maintenance can add up to thousands of dollars in additional labor costs. The annual reporting, and more often if the Oregon Water Resources Department requests, of ‘water amount, rate, and duty’ will add thousands of more dollars, annually, in time and additional out-of-pocket expense. ‘The inclusion of a $500 civil penalty for each day of violation of the act…’ “

Top-notch Deception by Oregon State Senator Dennis Linthicum – District 28, News Ticker Opinion, Wallowa Valley Online, posted to KBC 3/25/17. Linthicum represents Jackson, Klamath, Lake, Deschutes and Crook counties. “If a Democrat House member gets his way, the Oregon Water Resources Department (OWRD) will load stiff economic, land and water management problems right into the lap of Oregon’s farmers, ranchers, cattle and dairymen…”

Flows from Upper Klamath increase amid flood mitigation, Sprague River remains high, H&N, posted to KBC 3/25/17. “… the local snowpack is 113 percent of normal…No evacuations have yet been ordered as high waters along the Sprague River flow downstream, posing minor flood threats to properties in the Chiloquin and Sprague River areas.”

Flooding possible along Sprague River, H&N posted to KBC 3/25/17

California Farm Bureau Federation Friday Legislative Review, posted to KBC 3/25/17. “AB 975 would expand the extraordinary values for 1,362 miles of rivers designated as wild and scenic under the California Wild and Scenic Rivers Act, as well as expand current protections to include the river and adjacent lands within one-quarter mile on each side of the river…Farm Bureau opposes as written.”

California Farm Bureau Federation Friday Legislative Review, posted to KBC March 25, 2017. “SB 49 would require California to enforce the federal Clean Air Act, Clean Water Act, Endangered Species Act (ESA), and their implementing regulations and policies as they were on January 1, 2016, or January 1, 2017, whichever version is the most stringent…”

Federal agencies work to create water shortages Commentary by Dennis Wyatt, CFBF Ag Alert, posted to KBC 3/25/17. “…As the Army Corps of Engineers was busy trying to juggle releases from Don Pedro not to have a repeat of the 1997 flooding south of Manteca, and 200,000 people were fleeing for their lives when it looked like Oroville Dam might be overwhelmed, the fine bureaucrats at the National Marine Fisheries Service were busy working on the next water shortage…”

www.klamathbasincrisis.org

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