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Indian Valley Record
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May 18, 2011     Indian Valley Record
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May 18, 2011
 
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Bulletin, Progressive, Record, Reporter Wednesday, May 18, 2011 91J COMMUNITY PERSPECTIVE Board responds to Forest Service plans WHERE I STAND PLUMAS COUNTY BOARD OF SUPERVISORS Hease accept the following comments from the County of Plumas regarding the new forest planning rule proposed by the United States Forest Service. Water and timber: It has been said from time to time that for today's Forest Service "water is the new timber." In Plumas County, there is a high level of public recogni- tion of the water supplies that flow from National Forest lands to meet local needs and - to feed into California's State Water Project, which pro- vides water to 25 million peo- ple from Northern California to as far away as San Diego. We applaud the steps taken by the Forest Service in recent years to elevate its mission of ensuring "favorable condi- tions of vater flows" (one of the two forest purposes estab- lished in 1897) and to seek to establish better connections between our relatively remote forest lands and the people downstream who benefit from the abundant water supplies that come off the forests. However, the other funda- mental purpose for establish- ing the National Forests was .to provide a "continuous sup- ply of timber for the use and necessities of citizens of the United States." From the broadening of recognized for- est uses in the Multiple-Use Sustained-Yield Act of 1960, to today's interest in monetizing an array of ecosystem ser- vices, the fact must not be lost that the primary purposes of the National Forests are to supply water and timber. This conc.ept must be stated explic- itly in the planning rule to provide context for the ambi- tious inventory of spiritual sustenance, wilderness desig- nations, sustainable recre- ation facilities and many oth- er things the proposed rule seeks to advance. As clearly stated in the Mul- tiple;Use Sustained-Yield Act and reinforced by the United States Supreme Court, uses of the forest for purposes such as grazing, aquatic habitat or recreation are to be supple- mental to, and not in deroga- tion of, the purposes for which the national forests were established in 1897, which are the twin pillars of water and timber. (United States v. New Mexico, 438 U.S. 696, 714 (1978).) We are pleased that water is receiving a renewed level of appreciation and attention, but only as a complement to timber and not as a replace- ment. In that vein, the new planning rule should seek to resurrect an effective level of active forest management, not only to restore the continuous supply of timber, but also in recognition of the many atten- dant benefits, such as bio- mass, fire resiliency and long- term habitat preservation and species conservation. Forest receipts: When the National Forests were re- served by the federal govern- ment and taken off the local property tax rolls, a commit- ment was made for a mecha- nism to generate revenue and pay for local public services. New forest plans should in- clude proactive planning that will increase economic activi- ty and fulfill the promise of that compact wRh the forest counties. In addressing eco- nomic sustainability, as the new rule requires in section 219.8(b)(3), forest plans should recognize the local economic benefits and impacts of the National Forest and address the relationship between trends in forest manage- ment/forest receipts and pay- ments to support local roads and schools. Instead, and un- like the 1982 Planning Rule, the new rule eliminates any reference to forest receipts, which is an unfortunate re- flection of the abandonment of forest counties. Coordination: In 2008, the Plumas County Board of Su- pervisors adopted Resolution 08-7514, implementing Coordi- nated Agency Status and noti- fying federal and state agen- cies of Plumas County's ex- pectation that other agencies coordinate their plans and projects with the county as re- quired by various federal and state laws. In particular, the National Forest Management Act (NF- MA) requires that forest plans be coordinated with the land and resource management planning processes of state and local governments. The provisions of the 1982 plan- ning rule that address coordi- nation (section 219.7) provide an appropriate framework for coordination with other pub- lic agencies, and those provi- sions should be carried for- ward in the new planning rule without alteration. Areas of particular concern include the following: • Section 219.7(b) of the cur- rent planning rule requires county governments to be giv- en direct notice of forest plan revisions and schedules of an- ticipated planning actions. Providing a mechanism for direct notice is a vital means of ensuring engagement in planning processes, and we are strongly opposed to the elimination of the county no- tice requirement in the pro- posed rule. , Section 219.7(e) of the cur- rent planning rule requires the Forest Service to seek in- put specifically from local gov- ernments to help resolve man- agement concerns in the plan- ning process. This require- ment for direct consultation stems from NFMA's mandate for coordination with local agencies and confers a status in planning processes that ac- knowledges the contributions and responsibilities that are in many ways unique to local agencies, including represen- tation of the local electorate, institutional memory and planning responsibilities for the private lands that fall un- der the "all lands" umbrella. • Section 219.4(b) of the pro- posed rule states that the For- est Service will comply with the local government coordi-  nation requirements of NF- MA (16 U.S.C. section 1604) "to the extent practicable and ap- propriate" (emphasis added). The proposed rule adds no such qualifying language where reference is made to the requirements of the En- dangered Species Act, Clean Water Act, Clean Air Act or Wilderness Act. It is inappro- priate to graft that qualifica- tion onto the clear statutory language of NFMA, as if to en- courage the responsible offi- cial to look for excuses to cir- cumvent the statute. • Section 219A(b)(3) of the proposed rule states that the Forest Service will not con- form resource management to meet non-Forest Service ob- jectives or policies. That ap- proach is completely back- wards. Forest Service plan- ning and actions should strive to be consistent with the plans and priorities of local agencies for forest manage ment, recreation, fire safety, transportation and ecological and economic sustainability, among other things. If the plans and priorities of the Forest Service and local gov- ernments cannot be recon- cried, there must be adequate analysis to document that there is no superior alterna- tive to a proposed plan or ac- tion. This analysis is already required by the implementing regulations of the National Environmental Policy Act (40 CFR 1506.2(d)). • Section 219.7(e)(2) of the proposed rule provides that "coordination activities" are among the optional content of a forest plan. Forest-specific coordination protocols should be included in Section 219.7(e)(1) as part of the re- quired content in a forest plan. As a general matter, the rule should be proactive in encouraging and requiring better coordination with local governments. The statutory mandate of NFMA is only a starting point, and the intent of Congress in mandating "co- ordination" is reflected in the Federal Land Policy and Man- agement Act (FLPMA). The Forest Service should em- brace the positive lessons of successful coordination that have come out of the FLPMA process rather than attempt to hide behind a narrow inter- pretation of NFMA. And, as explained in the February 2011 letter to Chief Tidwell from Fred Kelly Grant and Scan Curtis, there is a strong case to be made that the Forest Sei'- vice is legally compelled to ac- knowledge and apply the FLP- MA coordination process. The elected officials in am" national government repre- sent the broad interests of the American people in how our National Forests are managed, but the consequences of Wash- ington, D.C., management de- cisions are felt most immedi- ately and directly by the citi- zens of forest communities. Local governments and locally elected representatives bring a reservoir of knowledge and in- stitutional memory to assist often-transient Forest Service staff, and they must continue to have input into forest plan. ning and management deci- sions. The recent decisions tra- der the Travel Management Rule and the ensuing wave of appeals and pending lawsuits are just the latest example of the chaos created when na- tional policy directives are im- posed without any meaningful local coordination, Finally, while we support the coordination provisions of the 1982 rule over the newly proposed structure, we also support the provisions of the new rule that seek to provide earlier and greater opportuni- ties for public input and to give greater discretion to lo- cal Forest Service staff to de- termine what forms of out- reach and interaction are ap- propriate for a particular planning process. See Response, page 11B Guidelines for Letters All letters must contain an ad- dress and a phone number. We publish only one letter per week, per person and only one letter per person, per month regarding the same subject. We do not publish third-party, anonymous, or open letters. Letters must be limited to a maximum of 300 words. The editor will cut any letter in excess of 300 words. The deadline is Friday at 3 p.m. (Deadlines may change due to holidays.) Letters may be taken to any of Feather Publishing's offices, sent via fax to 283-3952, or e-mailed to, mail@plumasnews.com. Sign him up SmartMeters are installed on homes regardless of radio frequency radiation concen- trations or consumer sensitiv- ities. PG&E is now proposing one-time charges and month- ly fees from consumers who want to stop SmartMeter RF radiation. Our municipal right-of-ways already contain gas/electric, without new fees. To stop the RF emanating from on our home, I agree to paying new charges and fees; however, I prefer to pay them to "our" new-municipal-utili- ty company. Would municipal-utility companies be more account- able than a convoluted PG&E: that loses files; that spends millions on failed proposi- tions; and now spends on pro- paganda promoting Smart- Meters? For sure, municipal-utility companies wouldn't spew consumers' funds on exces- sive executive compensa- tions/million dollar bonus- es/stock options. Sign me up! John L. Bauer Martinez Heads up A day after I read Mr. Odell's letter to the editor on "SmartMeters," a PG&E rep- resentative showeil up on my property to install the meter. I said no thanks, please don't. He said he would not install it LETTERS to the EDIT{2)R as requested, and would make a note of it for PG&E records. Later, I researched the top- ic of SmartMeters on the Net and discovered that thou- sands have indeed been over- billed due to human error, au- tomated (digital) reading er- rors and/or equipment mal- function (meters getting too hot). One utility company stated that "SmartMeters are more accurate than analog or spinning dial meters." How- ever, I found no corporate utility-sponsored website that ensured the "SmartMeter" would be always accurate. The courts seem to be back- ing the utility companies in class-action and individual lawsuits regarding Smart- Meters. (Such a lawsuit was recently dismissed by a judge in Kern County Superior Court.) After my research, I came to this conclusion: There are at least three different ways things can go wrong with a SmartMeter: a human being messes up the billing; the au- tomated digital reading goes haywire; or the equipment it- self goes bonkers. So, for as long as I can, I will leave well enough alone with my analog or spinning dial meter. Thanks for the heads up, Mr. Odell. Crystal Williams Taylorsvrile Pave paradise The Quincy courthouse public meeting April 26 pre- sented the proposed construc- tion of an additional court- house on the Dame Shirley Plaza. When questioned about other alternative loca- tions, the audience was told 37 locations had been consid- ered and eliminated. There was no information present- ed as to what, where or why other possible locations had been eliminated or what cri- teria were used to make these determinations. Fear that downtown busi- nesses will fail if the court- rooms are not built on the plaza was suggested. Is it re- ally true that we have to rely on the prosecution of crimi- nals to maintain our down- town businesses? That's a sad commentary about what I've believed is a peaceful commu- nity. How can the small plaza be a viable location for a mon- strous 38,238-square-foot structure with a footprint as large or larger than the exist- ing courthouse when it has yet to be determined where to construct 135 parking spaces, especially when 37 existing parking spaces on the plaza will be eliminated by the building.* The idea that Court Street could be closed to cre- ate a green area is terrific but that would eliminate another three dozen existing parking spaces while creating addi- tional congestion on Bucks Lake Road and most likely creating the need for down- town traffic lights. Why has the plaza been presented as the preferred location when inadequate parking, in- creased traffic congestion, pedestrian safety and public sentiment have not been con- sidered? The plaza was previously saved and constructed by a large collaborating group of concerned community volun- teers for the pleasure of all who live and visit Quincy. The loss of this community park and over-development of the picturesque downtown sadly reminds me of the Joni Mitchell song verse, "Don't it always seem to go that you don't know what you got till it's' gone. Pave paradise, put up a parking lot." Paul Stancheff Quincy Not so common sense Why doesn't somebody use common sense when dis- cussing the proposed new courthouse? For example, the State Judi- cial Council says the cost is $600 a square foot. Maybe for the building alone, but the re- al cost of $51.7 million for 38,000 square feet comes to about $1,360 a square foot. And where do they intend to put the 135 new parking' spaces they say we need to provide? Take any downtown Quincy block, bulldoze and pave over the whole thing. You might barely have room for 135 spaces. Nothing else is available. Above all, has anybody con- sidered whether we really need a whole new courthouse at all? •Why not add the im- provements really needed to the existing courthouse? Like some new structure across the back, most of it two sto- ries, with third story blocks at each corner, thus keeping the window wall of the exist- ing main courtroom, with room for a roof garden to boot. The addition would have one new courtroom, and we'd keep the two existing court- rooms that connect easily to the addition. This would pro- vide holding cells and confer- ence rooms, with secure ac- cess to all three courtrooms. Without doubt, all that could be done for much less cost and with full architectur- al compatibility, while avoid- ing any need to trash other parts of downtown. If some additional parking is really needed, put it on Dame Shirley. Still better than a huge new building there. Unfortunately, it seems that common sense questions aren't often raised or consid- ered when the state offers to give us local yokels a grandiose project at "no cost." It's only bond money. Nobody has to pay for it. Yeah. Sure. Bottom line: ff their project makes any sense at all, it isn't common sense. George Terhune Quincy Good neighbor I wish to express my appre- Ciation for the "green waste" free service Collins Pine has offered in Chester. Having a place to bring pine needles and branches has helped to See Letters, page 11B This week at plumasnews.com The most read stories on our website for the past week were: "Getting the Moonlight cut up and out" "Sheriff draws a crowd at Basin Tea Party meeting" "Judge denies county's motion to reconsider Cunan case" The tea party meeting story received the most comments. Readers were split on whether Sheriff Greg Hagwood's appearance at the meeting was appropriate for an elected official. A sampling: "He CAN have an opinion. Using his position of power to support a particular segment of society only is a violation of hb position. He b not being law enforcement when speaking for a political group." --Concerned citizen "Sheriff was elected to protect our rights guaranteed by the Constitution. In his County, his authority is higher than that of the Federal or State Government. What he did was not only his job but a sworn duty. He is exactly the kind of Sheriff I want protecting my rights." --Paul Martinek HI support the Sheriff's position. The federal government has and continues to overstep its prescribed boundaries and I'm not sure why people are OK with this. That's the root of the problem and the one we need to address. It's a matter of true freedom (or not) for the people, nothing more." --Scott C. "What right h the sheriff protecting? To preserve our right to drive where we want across the Forest? The FS is trying to balance the management of public lands for Hall" people, Not only for those that want to drive through wet meadows. It's not your* right to damage public lands. --Tired citizen Contact your elected officials... PLUMAS COUNTY SUPERVISORS - 520 Main Street, Room 309, Quincy, CA 95971; (530) 283-6170; FAX: (530) 283-6288; E-Mail: i pcbs@countyofplumas.com. Individual supervisors can also be i e-mailed from links on the county website, countyofplumas.com PRESIDENT - Baack Obama, the White House, 1600 Pennsylvania Ave., NW Washington, D.C: 20500. (202) 456-1414. Fax: 202-456-2461. E-mail: whitehouse.gov/contact/ U.S. SENATOR - Dianne Feinstein (D), 331 Hart Senate Offx'e Bldg., Washington, D.C. 20510. (202) 224-3841; FA,Vc 202-228-3954; TrY/TD. (202) 22 4- 2501. District Office: One Post Street, Suite 2450, San Francisco, CA 94104; Phone: (415) 393-0707; Fax: (415) 393-0710 Website: feinstein.senate.gov. U.S. SENATOR - Barbara Boxer (D). District Office:. 501 1 St., Suite 7-600, Sacramento, CA 95814. (916) 448-2787; FAX (916) 448-2563; OR 112 Hart Bldg., Washington, D.C. 20510. (202) 22443553. FAX (202) 228-0454. U.S. REPRESENTATIVE, 4TH DIST. - Tam McClintock. 508 Cannon HOB, Washington, D.C. 20515. (202) 225-2511; FA X (202) 225-5444. mcdintock.house.gov. DISTRICT OFFICE: 8700 Auburn Folson Rd., Sitite #100, Granite Ba35 CA 95746; (916) 786-5560, FAX: (916) 786-6,364. STATE SENATOR, 1st DIST. - Ted Gaines. State Capitol, Room 3056, Sacramento. CA 95814. (916) 651-4001, FAX: (916) 324-2680. Roseviile olBce: 2140 Professional Dr., #140, RoseviUe, CA, 95661. (916) 783-8232, FAX (916) 783-5487; Jackson office: 33 C Broadway, Jackson, CA 95642, {209) 22.3-9140. STATE ASSEMBLYMAN, 3RD DIS'(. - Dan Logue, State Capitol, Sacramento, CA 95814,,(916) 319-2003; FAX (916) 319-2103. District Office, 1550 Humboldt Rd., Ste. #, Chico, CA 95928; (530) 895-4217, FAX (530) 895-4219. GOVERNOR - Jerry Brown, office of the Governor, State Capitol, Suite 1173, Sacramento, CA 95814: Website: gov.ca.gov/ (916) 445-2841. FAX: (916) 558-3160. . - . . / .- :   ........... j ....... r I IL I _