“No Respect:”
by Marcia Armstrong, Siskiyou County Supervisor,
column in the Klamath Courier August 10, 2005
Since taking office, I have experienced frustration
with the failure of federal and State agencies to
recognize and respect the status of Siskiyou County
as a government, not a stakeholder. The County’s are
vested by the People with the “police powers” to
make laws governing individual actions that threaten
to injure the general public health, safety and
morals. This includes the use of private property,
(including groundwater,) and embraces General
Planning and zoning. Siskiyou County government has
traditionally held a belief in favor of minimal
local regulation. The lack of volumes of ordinances
and codes is intentional and not some sort of void
that needs to be filled by federal and State
regulatory agencies or regional groups.
Formal Federal Consultation and Coordination:
In 1982, President Ronald Reagan issued Executive
Order 12372. The purpose of that Order is to foster
an intergovernmental partnership and strengthen
federalism through local government coordination and
review of proposed plans for federal financial
assistance and direct development. This is to
include federal consultation with affected elected
officials as early in the program planning cycle as
feasible, to explain specific plans and actions and
to determine the official views of local government.
Federal agencies are to make efforts to accommodate
the concerns of local government and, where these
concerns cannot be accommodated, federal officials
are to explain the basis for their decision in a
timely manner. Where interstate issues are involved,
the federal government is to seek coordination of
the views of affected local elected officials.
Role of Elected Officials in Federal Planning:
The Executive Order discourages the reauthorization
or creation of any federally funded planning
organization where the membership is not adequately
representative of, or accountable to, locally
elected officials. Personally, I have seen many a
“multi-interest” group formed by federal government
where individual elected officials are seated at the
table as a “stakeholder” and allotted an equal voice
with special interests. This is not the same as the
coordination between governments outlined and
envisioned by the Executive Order. Only the Board of
Supervisors can speak for the Board and issues must
be brought before it for official decisions or
positions to be taken. Not that I have anything
against group dialogue and understanding. Efforts
such as the Chadwick group can provide a great
platform for sharing perspectives, encouraging
discussion and sorting out facts. However, they just
cannot be “morphed” into a basin-wide
decision-making body or Congress that undercuts the
role of your duly elected local governments.
The Codes of Federal Regulations for various federal
agencies recognizes and requires consultation,
coordination and cooperation with County government.
Also, the National Environmental Policy Act
recognizes cooperation with local governments and
coordination of federal and local analysis as well
as joint planning efforts. Several years ago, in
response to these provisions, the County voted to
accept the Siskiyou County Comprehensive Land and
Resource Management Plan in order to assist federal
agencies in coordination efforts. This document is
alive and well.
Siskiyou County Code: In a future column I
will summarize Title 10, Chapter 12 of Siskiyou
County Code that sets forth requirements for the
formal relationship of federal and State agencies
with the County.
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