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HomeMy WebLinkAbout94-159 . . . RESOLUTION NO. 94-159 RESOLUTION OF INTENT OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MOHA VE TO IMPLEMENT CONSULTATION, COORDINATION AND COOPERATION BY AND BETWEEN FEDERAL AND STATE AGENCIES AND THE COUNTY OF MOHA VE. WHEREAS, various federal and state laws, regulations and policies have been adopted which greatly impact the use of private properties; and WHEREAS, various federal and state agencies have passed laws, regulations and policies governing the use of federally controlled public lands; and WHEREAS, it is the desire and the responsibility of the Mohave County Board of Supervisors to guarantee that public lands located within the County are used in a manner consistent with the County's best interests, customs, cultures, and the economic well-being of its citizens; and WHEREAS, in order to establish a meaningful discourse between state and federal agencies which may be establishing policies that affect Mohave County and its residents, it is necessary and advisable for the County to have organized and direct input on these issues and to be actively involved in the decision making process on an equal footing basis. As required by the Federal Land Policy and Management Act 1976, Multiple Use and Sustained Yield Act, Local Planning Act 1975, Endangered Species Act, National Environmental Policy Act, and Public Rangelands Improvement Act and other Federal laws and regulations; and WHEREAS, under State law, the County has general and specific authority in the area of land use planning and that authority can be best excrcised by coordinated efforts bctween local government and statc and fcdcral agcncics; and WHEREAS, various laws, regulations and policies have been adoptcd by the state and federal governments to provide protection of basic civil and property rights, including but not limited to: 1. The Civil Rights Act - The purpose of which is to protect thecitizcns of the United States from acts which "injure, oppress, threaten or intimidatc any citizen in the free exercise of enjoyment of any right or privilege secured to him by the Constitution or laws of the United Statcs. " 2. Amendment 1 of the Civil Rights Act - which adds additional protection from anyone acting under thc color of law. 3. Executive Order No. 12630 requiring all federal agencies to analyze the economic effects or takings implications of their proposed policies, dccisions, rules and regulations on private propcrty, and private propcrty rights protcctcd by the fifth and fourteenth amendments to the Unitcd States Constitution. 1 . . . 4. Section 8 of the Public Rangelands Improvement Act (PIRA) which provides for the management, maintenance, and improvement of the conditions of the publicrangelands so that they become as productive as feasible for all range - land values. The PlRA requires that all allotment management plans be developed with consultation, cooperation and coordination. 5. The Tenth Amendment to the Constitution of the United States whieh reads as follows: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reseIVed to the States respectively, or to the People"; and WHEREAS, a key objective of any land use plan is to establish channels of communication between government agencies and the individuals affected by their actions; and WHEREAS, the creation of a Public Land Use Committee to seIVe in an advisory capacity to the Board would provide a methodology for the decision makers to address each land use management plan proposed by federal and state agencies with full knowledge of the issues involved, and with distinct and focused input from individuals and the public; NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Mohave County that all actions of the federal and state government affecting land use or property rights shall be closely monitored and the County's interest vigorously pursued to assure full compliance with all laws, regulations and policies prescribed for the protection of individual and community rights and to protect and preserve the historic customs, cultures, and economy of the County of Mohave; and BE IT, FURTHER RESOLVED that the Mohave County Board of Supervisors hereby establishes a Public Land Use Committee as follows: 1. The purpose of the committee will be to gather information concerning proposed federal activitics on public lands and assess the desirability and impact on the County, its residents, customs, cultures, and economic stability. The Committee shall report to the Board, as necessary or upon request, with their recommendations. They shall also consult, cooperate and coordinate wtth state and federal agencies, as defined in the Interim Public Land Use Plan Policy for Mc)have County until a permanent plan is developed. 2. The Board shall appoint one representative to the Committee as Chairman for each of the following subcommittee interests: Business and Industry Air Quality Grazing Mining Wilderness, Wildlife & Endangered Species Water Timber Transportation Recreation 2 . . . 3. The Committee shall meet from time to time as necessary, but no less than quarterly. All meetings shall be subject to the Arizona Open Meeting Law. Meetings may be called by the Chairman, or in his absence, the Vice-Chairman. They are to be elected at the organizational meeting to be held on a date selected by the Chairman of the Mohave County Board of Supervisors, but in no case less than 60 days after the adoption of this Resolution. 4. Special meetings of the Committee as a whole, or any subcommittee thereof, may be called at the discretion of the Board of Supervisors. Passed and Adopted by the Board of Supervisors of Mohave County, State of Arizona, this 18th day of April, 1994, by the following vote: AYES: Supervisor Sam Standerfer and Supervisor Joan Ward NA YES: Supervisor Pat Holt ABSENT: MOHA VE COUNTY BOARD OF SUPERVISORS ~,e. Wa)cL Joan C. Ward, ChaIrman A TrEST: Ovvt --& ~~~ 3