HomeMy WebLinkAbout94-159
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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.
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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
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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:
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