BEFORE

Whereas this resolution dated for convenience as of March 24, 2005, signed under the ‘Joint Powers Authority’, dated June 24, 2004, between the Eastern Madera County Fire Safe Council (FSC), and the Coarsegold Resource Conservation District (CRCD) both of which are independent and autonomous public entities established in Madera County, State of California. This resolution shall pertain to all land, soil, air, and water both public and private above the 1,000 feet elevation to the crest of the Sierra-Nevada Mountains or portions thereof.  

§ 1. Authority: The CRCD and FSC are legal subdivisions of the State of California and are the primary providers of administrative, financial, educational and other assistance at the grass-root level. The seven (7) Board of Directors of the CRCD shall set on the Executive Board of the FSC, while the members of the FSC are designated Associate Directors on the CRCD. The Coarsegold Resource Conservation District is blessed with very strong powers and authority. At the County level they are appointed by the Board of Supervisors, at the State level is empowered under the Public Resource Code, and at the Federal level are a legal empowerment under the State Soil Conservation District Law and Farm Bills. They have a Mutual Agreement between the USDA, State of California and the SRCD signed by the Secretary of Agriculture, dated February 26, 1998. This was authorized by the Soil Conservation and Domestic Allotment Act: 16:590; The Department of Agriculture Reorganization Act of 1994, Public Law no. 103-353; and the Secretary’s Memorandum #1010-1, dated October, 1994; including the Constitution of the United States, dated September 17, 1787; Declaration of Independence, dated July 4 1776; and Bill of Rights, dated march 4, 1787.

The Fire Safe Council s of California were established in April 1993, by the Department of Forestry and Fire Protection for sovereign citizens of the Counties to voice concerns about public safety issues and protect the social and economic interests of the Community.

These powers shall include the review by the CRCD and FSC of any proposed public regulation or ordinance impacting the items of this resolution and the economic impact in the form of taxes, fees, down zoning lands, or taking of private property of any form.

§2. Enterprise and Freedom: Madera County and it’s sovereign citizens, have clearly determined that ‘increasing government regulations can and have destroyed local enterprise and freedom itself if left unchecked’ (County Resolution No. 96-169: Community Stability). It repeatedly has been demonstrated that all government agencies operating within the confines of Madera County have neither heard nor supported the concerns of the local citizens (Area Plans, and Development Standards/Land Division Ordinance file)

§3. Damage: Certain governmental agencies (Federal, State, and County) singularly and collectively are imposing damaging unsolicited regulations and fees upon the citizens of the County, without public concurrence that have had or may potentially negatively impact the social, cultural, and economic values of life and property. These same acts are adversely impacting the private property rights, right of self-determination, and taking of private property or reduction in value or use without consent of owners.

§4. Revenue Loss: The sovereign citizens, who own the public lands, have lost significant revenue as a result of government actions not supported by said owners.

§5. Public Lands: The Public Forest lands are in the poorest silvicultural health, deterioration, and miss-management since the European settlement of the Region. As a result of this, mortality of valuable vegetation is extreme, loss of habitat and protected species under the Endangered Species Act are being eliminated, fuel loading and fire danger are extreme and a threat to the people and their environs in the area of influence.

§6. Federal Forest Law: The management of the applicable public lands is in violation of Federal Law, under the national Forest Management Act (‘NFMA,’ 16 U.S.C. 1604 and related statues concerning the National Forest System, and the pertinent implementing regulations in 36 C.F.R., Part 219 (1999); the National Environmental Policy Act (‘NEPA’), 42 U.S.C. 4332; and the Administrative Procedure Act (‘APA’), 5 U.S.C. 706. The above Laws and lawsuit in the DC Federal Court #) 04-2137-RJL are hereby made part of this resolution.

§7. Air-Water Quality: The Air Quality Control Boards, and Water Quality Boards have imposed regulations and fees without the consent of and contrary to the wishes of the people. Such acts have reduced water yields and beneficial on site or down stream use and needs of such waters. These fees have reduced the value and historical use of private property while increasing the cost or ability of protection of said lands and waters. Loss of values to private citizens are a result of these acts were well known prior to the losses and has up to this point not been reimbursed by the responsible government agency to the landowner. Regulations of County, State, and Federal agencies have been imposed that prohibit the reasonable protection of private properties and life without due recourse or within economic standards of the sovereign citizens of the Region.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Coarsegold Resource Conservation District and the Eastern Madera County Fire Safe Council (hereby referred to as the FSC/CRCD acting under the Joint Powers Agreement that the following formal joint interagency advance notification, referral, coordination and joint participation process is here by adopted by the FSC/CRCD.

1. All federal, state, and county agencies shall inform the FSC/CRCD, or its designee, of all pending, contemplated, or proposed actions affecting local communities, citizens, properties or use, or affecting current policy, and shall if requested by the FSC/CRCD, coordinate the planning and implementation of those actions with the FSC/CRCD. Such notification shall include a detailed description of the proposed plan, procedure, rule, guideline or amendment, sufficient to fully inform lay persons of the intent and effects including the effects on the customs, culture, economy, resources, private property, and environment of the Region.

2. The FSC/CRCD shall be consulted in accordance with the laws and regulation of Madera County, State of California, or United States, plus any founding documents of the Country regarding any pending, contemplated or proposed actions affecting local communities and citizens.

3. All federal, state, and Madera County agencies or their staff, to the fullest extend permissible by law; comply with all applicable procedures, policies and practices issued by the FSC/CRCD.

4. When required by law or when requested by the FSC/CRCD all federal, state, and county agencies (at no cost to FSC/CRCD) shall prepare and submit in writing and in a timely manner as soon as it practicable, reports(s) on the purpose, objectives and estimate impacts of such actions, including environmental, health, social, custom, cultural and economic impacts to the citizens or property use within the FSC/CRCD zone of influence. These reports shall be provided to the FSC/CRCD for review and coordination with sufficient time to prepare a meaningful response for consideration with sufficient time to prepare a meaningful response for consideration by the public agencies.

5. Before and federal, state, Madera county can alter the land use(s), environmental review of the proposed action shall be conducted by the lead agency and mitigation measures adopted in accordance with policies, practices, and procedures of applicable federal, state and local laws following public hearings at locations designated by the FSC/CRCD. Impact studies shall, as needed, address the effects on community and economic resources, the environment, local customs and public, safety and welfare, culture, grazing rights, flood prone areas, right of access or use of said properties, and any other relevant impacts.

6. For the purpose of this Resolution, each federal, state, or Madera county agency, or staff there of, shall, unless specifically authorized other wise, give the required notices (s) to the FSC/CRCD via certified mail as follows:

Coarsegold Resource Conservation District
P.O. Box 1288
North Fork, CA 93643

7. Not less than 9 complete copies of the written documents supporting the proposed action shall be provided to the FSC/CRCD for review by staff and the public. Said copies of documents shall be provided by the proposing agency for public review and at locations requested by the FSC/CRCD at no cost.

8. Any citizen or group claiming to be affected by any pending, contemplated, or proposed action of any federal, state or Madera county where decisions or comments upon is within the subject matter of jurisdiction of the FSC/CRCD is encouraged to present relevant information to the Board of Directors. If the FSC/CRCD Board considers such information vital to the impact on the citizens, the subject shall be addressed in writing and public meetings held by the respective and responsible public agency.

9. Taxes and Fees for any activity proposed by a federal, state, or Madera county agency shall be consider identical, and any change shall require a formal vote of the impacted people.

10. Shall any regulation, law, or ordinance imposed by a public agency that has, or cause to have a negative impact on the people, land, culture, economics, or use of the land and its environs shall be held financially responsible for damages and legal fees

11. No regulations shall be passed which has a negative impact on the sovereignty of any citizen or historical use of the lands.

12. Mitigation measures by property owners or the FSC/CRCD that reduces the negative impact of a regulation or normal alternate action (including do nothing) shall be considered exempt from any regulation, permit, or fee from a public agency.

Be it further resolved copies of this resolution shall be sent any public agency which have historically shown that any of their actions to have a negative impact on the constitutional rights of the citizens, their environs, economic, or cultural way of life. The total cost of implementing this Resolution shall be borne by the public agency responsible for violation of this document or its intent.

If any part of this resolution shall be held void by a court of competent jurisdiction, such part shall be deemed severable; the invalidity thereof shall not affect the remaining parts of this Resolution.

The foregoing resolution was adopted this 28th day of April, 2005, by unanimous vote of the Board of Directors of the FSC/CRCD.

Signed:

W. Tom Wheeler, President CRCD

Robert Buckles, Executive Chairman FSC

RESOLUTION IN SUPPORT OF MADERA COUNTY’S APPLICATION TO THE INTEGRATED REGIONAL WATER MANAGEMENT GRANT PROGRAM

WHEREAS, the Department of Water Resources and the State Water Resources Control Board have released a Proposal Solicitation for Planning Grants under the Integrated Regional Water Management grant program, pursuant to the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002; and

WHEREAS, the eastern Madera County region is greatly in need of a plan to manage the water resources for a variety of reasons, including a projected increase in development that threatens to tax groundwater resources, natural groundwater contaminants that threaten the quality of water for certain areas, and conflicts over land-use planning restrictions that impact the economic, social, cultural, freedom of historical personal rights and the sovereign private property rights of each individual. We are also concerned about the support, use, and increase in the production of water through management of the natural resources and water holding capacity of various soil types.

WHEREAS, the proposed planning process will provide the objective information needed to make decisions on the important water-related issues facing this region and will be helpful in developing options for water supply reliability, water conservation, and other positive actions that can maximize water resources and benefit the ecosystem of this watershed; and

WHEREAS, the proposed planning process is also structured to include the many stakeholders in the area, making it more likely that the plan will be adopted and implemented, and that disputes and conflicts over water will be prevented;

NOW THEREFORE, the Board of Directors of the CRCD/FSC adopt the following resolution:

RESOLVED:

1. That the CRCD/FSC supports Madera County’s application to the Integrated Regional Water Management grant program for a Planning Grant focused on the eastern Madera County region,

2. That the CRCD/FSC agrees to participate as a stakeholder in the proposed planning process as outlined in Madera County’s grant application,

3. That the CRCD/FSC agrees to submit the resulting plan to the governing board for approval, and if approved, will use this plan to guide and inform it’s water-related policies, decisions and activities.

Passed and adopted at a meeting of the Board of Directors of the CRCD/FSC on April 28, 2005

Signature: ___________________________ 
W. Tom Wheeler, President, CRCD

Signature: ___________________________
Robert Buckles, Executive Director, FSC