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No Respect
by Marcia Armstrong, Siskiyou County
Supervisor, column in the Klamath Courier August 10, 2005
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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.
Klamath Water Users Association
2455 Patterson Street, Suite 3
Klamath Falls, Oregon 97603
Phone (541) 883-6100
FAX (541) 883-8893
kwua@cvcwireless.net |