HomeMy WebLinkAbout20102969.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 15, 2010
The Board of County Commissioners of Weld County, Colorado, met in regular session in full
conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County
Centennial Center, Greeley, Colorado, December 15, 2010, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway
Commissioner William F. Garcia
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther E. Gesick
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of December 13, 2010, as printed. Commissioner Long seconded the motion,
and it carried unanimously.
READ ORDINANCE BY TAPE: Commissioner Kirkmeyer moved to read Emergency Ordinances
#243-B and #244 by tape. Commissioner Conway seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Doug Meyer, County resident, submitted two articles titled, "Three Reasons to Like
NEPA" and "Winkleman NRCD Invokes the Data Quality Act". He stated the Colorado Division of Fish
and Wildlife has decided to list the Preble's Jumping Mouse, which will be highly problematic for
Larimer and Weld Counties. He asserted it is important for Weld County to be pro-active on
Coordination efforts regarding federal actions. There being no further comments, Chair Rademacher
closed Public Input.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
PRESENTATIONS:
RECOGNITION OF SERVICES, WORKFORCE DEVELOPMENT BOARD-JOYCE JOHNSON, JULIE
CILA, PABLO SANDOVAL, JENNIFER HOPKINS, AND LARRY JACKS: Chair Rademacher read the
certificates recognizing Joyce Johnson, Julie Cila, Pablo Sandoval, Jennifer Hopkins, and Larry Jacks
for their services on the Workforce Development Board. Said members were not present and Chair
Rademacher indicated the certificates will be delivered. Commissioner Conway stated he served on
° Minutes, December 15, 2010 2010-2969
*/}\
1 Page 1 BC0016
the Workforce Development Board with these individuals and expressed his appreciation to them for
their public service.
RECOGNITION OF SERVICES, REGIONAL COMMUNICATIONS ADVISORY BOARD - RON
GRANNIS: Chair Rademacher read the certificate recognizing Ron Grannis for his service on the
Regional Communications Advisory Board. Mr. Grannis was not present to accept the certificate;
however, Chair Rademacher stated he served with him on the Board, he was a very valuable member,
and the certificate will be delivered.
2010 EMPLOYEE SERVICE AWARDS - 10, 20, AND 30-YEAR EMPLOYEES: Chair Rademacher
read the list of the names of employees receiving pins for 10, 20, or 30 years of service with Weld
County. Commissioner Kirkmeyer commended Louis Galindo for his twelve years of service and
apologized for not having this to him in 2008. Ms. Griego was also present to present his pin and
thanked Mr. Galindo for all of his hard work.
Dave Bressler, Paramedic Director, presented Jed Swank, Senior Paramedic, with a pin recognizing 32
years of service. He stated during that time Mr. Swank has made significant contributions to Weld
County and he is proud of his service. The Board also commended Mr. Swank for his longevity in a
very difficult field of work.
On behalf of Sheriff, John Cooke, Commissioner Conway presented Margie Martinez with a shot glass
for her collection and thanked her for 31 years of service with the Weld County Sheriff's Office. Randy
Winsett, Sheriff's Office, stated during her years of service Ms. Martinez has been involved in so much
because she is a go-to person who is willing to help in any way she can. Ms. Martinez commented her
philosophy is "ON", not "NO". Mr. Winsett further stated Ms. Martinez has helped the Sheriff's Office
through a lot of hard times and helped form and mold it into what it is today. Ms. Martinez stated she
will complete 32 years at the end of February and she still considers her job to be a lot of fun, she
appreciates the opportunity to see the County grow, and she believes it is the best place to be. The
Board concurred this is also a very tough profession and commended Ms. Martinez for all of her years
of service.
Commissioner Garcia presented a pin for Patsy Drewer's 35 years of service to her supervisor, Toby
Taylor. Mr. Taylor stated Patty had to attend to a call for transportation; however, he accepted the pin
on her behalf and stated she is very dedicated and the core of the Transportation program in Weld
County.
Chair Rademacher presented Don Warden with a pin recognizing 32 years of service as the Director of
Finance and Administration. He stated Mr. Warden as been the cornerstone of finance and
administration, provides a wealth of information, and currently continues to serve Weld County from a
distance as the Director of Budget and Management Analysis. Commissioner Kirkmeyer stated it is
very appropriate to present this recognition today when Mr. Warden will also present the 2011 Budget
for the Board's consideration, and she also commended him for earning numerous budget awards.
She shared fun recollections of working with Mr. Warden and commented that in previous state
positions she had the opportunity to work with every Colorado county and she believes he is one of the
best financial officers in the state. Commissioner Conway stated Weld County citizens can be proud of
living in a county that has no sales tax and no debt, which he believes are highly attributed to the efforts
of Mr. Warden. He stated his knowledge and experience has been priceless, and he is always gracious
and thorough in explaining why things should be done in certain ways. Commissioner Garcia shared
some fun recollections of work with Mr. Warden and stated he completely agrees with the prior
comments. Commissioner Long stated as a previous mayor of the Town of New Raymer, he also
appreciates the help Mr. Warden has provided to outside agencies and municipalities through the
years. Mr. Warden stated he has been very fortunate to work with a quality group of people. He stated
Minutes, December 15, 2010 2010-2969
Page 2 BC0016
the public made good choices when electing their officials because without the support of the board he
could not have been successful as a financial advisor. He further stated he started working for Weld
County when he was 31 and although the Board questioned his qualifications at his young age, he
jokingly said he has kept his promise that he would get one day older every day.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
NEW BUSINESS:
CONSIDER 2011 AMOUNT TO BE PAID FOR THE INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF GREELEY AND WELD COUNTY FOR ISLAND GROVE PARK
MANAGEMENT SERVICES: Don Warden, Director of Budget and Management Analysis, stated the
original Intergovernmental Agreement requires the amount for park management services to be
established each year and he recommended approval, in the amount of $362,707.00. He noted this
and the following nine items are addressed in the 2011 Budget. In response to Commissioner
Kirkmeyer, Mr. Warden stated they will be using $415,000 from the Conservation Trust Fund, and there
is approximately $50,000 in unallocated funds which are being used for small capital improvement
projects. Commissioner Kirkmeyer moved to approve said Resolution. Commissioner Conway
seconded the motion, which carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT FOR USE AND FUNDING OF A KID'S PLACE AND
AUTHORIZE CHAIR TO SIGN: Mr. Warden confirmed the amounts being presented for approval
reflect the Board's direction to adjust the amounts for outside agencies from 7.5% to a 2.5 percent cut.
He recommended approval of this agreement, in the amount of $9,530.00. Commissioner Garcia
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT WITH ENVISION AS A RECIPIENT OF WELD
COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN SAME: Mr. Warden
recommended approval of the agreement, in the amount of $38,225.00. Commissioner Conway moved
to approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT WITH WELD COUNTY SENIOR CITIZEN
COORDINATORS AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND
AUTHORIZE CHAIR TO SIGN: Mr. Warden recommended approval of this agreement, in the amount
of $10,360.00, which will be divided evenly among the 16 participating senior centers to support their
function. Commissioner Kirkmeyer moved to approve said agreement and authorize the Chair to sign.
The motion, which was seconded by Commissioner Garcia, carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT WITH NORTH RANGE BEHAVIORAL HEALTH AS A
RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN:
Mr. Warden recommended approval of the agreement, in the amount of $108,225.00, and explained
this amount reflects the consolidation with the Island Grove Treatment Center. Commissioner Garcia
moved to approve said agreement and authorize the Chair to sign. Commissioner Conway seconded
the motion, which carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT WITH GREELEY CHAMBER OF COMMERCE AS A
RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN:
Mr. Warden recommended approval of the agreement, in the amount of $4,144.00, which also reflects
the consolidation with the Convention and Visitors Bureau. Commissioner Conway moved to approve
said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion
carried unanimously.
Minutes, December 15, 2010 2010-2969
Page 3 BC0016
CONSIDER MEMORANDUM OF AGREEMENT WITH AUDIO INFORMATION NETWORK OF
COLORADO AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE
CHAIR TO SIGN: Mr. Warden recommended approval of the agreement, in the amount of $6,215.00,
which provides services for the visually impaired to receive radio and internet service to hear literature.
Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. The motion
was seconded by Commissioner Conway, and it carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT WITH WELD COUNTY YOUTH AND FAMILY
CONNECTION (YFC) AS A RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND
AUTHORIZE CHAIR TO SIGN: Mr. Warden recommended approval of the agreement, in the amount
of $27,594.00, and mentioned this was formerly known as the Juvenile Assessment Center.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. The motion,
which was seconded by Commissioner Conway, carried unanimously.
CONSIDER MEMORANDUM OF AGREEMENT WITH UNITED WAY OF WELD COUNTY AS A
RECIPIENT OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN:
Mr. Warden recommended approval of the agreement, in the amount of $21,775.00, which helps
supplement the 211 system. He explained this amount is not a reduction from last year; however, at
the suggestion of the Director, Jeannie Truswell, an additional reduction will be made to the agreement
with Promises for Children, which has other funding opportunities. He further stated, as of Monday,
United Way did convert to a state-wide 211 system. Commissioner Conway moved to approve said
agreement and authorize the Chair to sign. Commissioner Long seconded the motion, which carried
unanimously.
CONSIDER MEMORANDUM OF AGREEMENT WITH PROMISES FOR CHILDREN AS A RECIPIENT
OF WELD COUNTY GENERAL FUND MONIES AND AUTHORIZE CHAIR TO SIGN: Based on the
previous discussion, Mr. Warden recommended approval of the agreement, in the amount of
$5,000.00, which goes through United Way to support the Promises for Children program.
Commissioner Long moved to approve said agreement and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER AGREEMENT FOR PARTIALLY SELF-FUNDED PROGRAM AND AUTHORIZE CHAIR
TO SIGN - COLORADO COUNTIES CASUALTY AND PROPERTY POOL (CAPP): Monica Mika
stated this agreement is the assessment for CAPP services for 2011. Commissioner Kirkmeyer moved
to approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Conway, and it carried unanimously.
CONSIDER REAPPOINTMENT TO GREELEY-WELD COUNTY AIRPORT AUTHORITY BOARD:
Commissioner Garcia stated the Airport Board recommends approval of the reappointment of Ernie
Crownover as a joint City/County representative for a third term. He explained there are no term limits
for this position, he has proven to be a great fiscal regulator on the Board, and he appreciates the
Board's consideration of the reappointment. Commissioner Garcia moved to reappoint Ernie
Crownover to the Greeley-Weld County Airport Authority Board, with a term to expire December 31,
2014. Commissioner Conway seconded the motion. He stated he currently serves as an alternate
member and believes Mr. Crownover is an invaluable asset to the Airport Board and they are fortunate
he agreed to continue serving. There being no further discussion, the motion carried unanimously.
EMERGENCY ORDINANCE #243-B, IN THE MATTER OF A SUPPLEMENTAL APPROPRIATION
FOR THE YEAR 2010: Mr. Warden confirmed the Ordinance has been read by tape. He stated this is
the second supplemental appropriation for the year 2010, which addresses unforeseen financial
adjustments. He submitted a summary of reasons for the changes, which he reviewed for the record.
Minutes, December 15, 2010 2010-2969
Page 4 BC0016
In response to Chair Rademacher, Mr. Warden explained the $647,000 for the Paramedic Service
reflects an adjustment of the gross revenues to account for Medicare/Medicade and bad debt
adjustments. No public testimony was offered concerning this matter. Commissioner Kirkmeyer moved
to approve Ordinance #243-B on an emergency basis. The motion, which was seconded by
Commissioner Garcia, carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Ordinance#243-B was approved on an emergency basis.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 9:45 a.m.
BOARD OF COUNTY COMMISSIONERS
rx*I/ELD COUNTY COLORADO
ATTEST: iql �� nq Gf
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Weld County Clerk to the Board 1861 t- ` 4.ct -Tem
Dep Cler t the Board .' c J
Sean P. Conway
EXCUSED DATE OF APPROVAL
William F. Garcia _
David E. Long
Minutes, December 15, 2010 2010-2969
Page 5 BC0016
Winkieman NRCD Invokes the Data Quality Act-American Stewards IBIT Page 1 o
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Search... Register free to view and search all of our articles. Lug In Resi t,•r Frei:
Winkleman NRCD Invokes the Data Quality Act •I really am lucky to have been to
your coordination workshop in the
Like Be the first of your fnends to like this. fall of 20O8. I had no idea that
this would place me in the middle
of a largo fight Issdtiiy I am
Coordination Works I October s5,2ot0 I Margaret Byfield-- well-armed with coordination."
Man Johnson
Last Friday,the Winkleman Natural Resource Conservation Jefferson County,Montana
District held an important coordination meeting with Region County Counsel
2,U.S.Fish and Wildlife Service in Phoenix,Arizona,over the
potential listing of the Sonoran Desert Tortoise.
The environmental group,Wild Earth Guardians,sued the Donate
Service in 2008,to have the tortoise listed under the
Endangered Species Act. Currently,the
g p y Regional office is - ,,:,. •
reviewing the State office's recommendation as to whether or
not the tortoise warrants protection.
Property Rights
The environmental group is pushing for the listing of the species because they want to end livestock grazing in Arizona,a long
held goal of the emironmenta!movement. But the science points to the Opposite conclusion. The most comprehensive
scientific study conducted on the Sonoran Desert Tortoise population shows that livestock grazing does not impact the species. ,..
Fortunately,Winkelman Chairman Bill Dunn had been studying the coordination strategy for several years. When the
environmentalist filed their rase,the Winkleman District initiated coordination with the Service. Friday's meeting was the
third held to discuss the tortoise listing.
In the first meeting,Winkleman presented the Service with an 18-year study led by one of their cooperators and past hoard 1sy
members Walt Meyer,an esteemed range scientist who initiated the study on his own largely because there was so little known +
about the tortoise. •
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•
The study surveyed a 23-square mile area where three different grazing techniques were used.A strict protocol was used in w December 1st
gathering the data. In the end,the study showed no impact to the species from livestock grazing,and that a primary impact Casper,WY
had occurred years prior as people flocked to the desert to pick Jojoba berries. As they camped,they relied on the tortoise for
food. Cwt
The Meyer study was the best scientific information available and Winkleman District insisted that it be considered by the
Service as they made their recommendation.The District even prepared their own local conservation plan built upon the
etidence gathered in the Meyer study.The plait is being initiated throughout the District to ensure the species continues to
thrive and the historic productive uses of the land continue. Read Precious Articles
During the second meeting,Winkleman brought in scientists to discuss and challenge the validity of the data provided by Wild One State,:Solution to Coordination
Earth Guardians in their petition to list.The conclusions the environmental group alleged were that the population was in Arizona Coordination Legislation
decline.Winkleman's experts attempted to reproduce the findings from the data cited,but found the information so Becomes"Model'Bill
incomplete that they could not reproduce the claims made by the environmental group. Coordinating Monument Management
Plans
In August of this year,the Service's Arizona Field Office forwarded their listing recommendation to the Regional office. Now
The 1'we Elements of Coordination
that the recommendation has been made,regardless of what that decision is,Winkleman can seek to verify the credibility of
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Winkleman NRCD Invokes the Data Quality Act-American Stewards Page 2 c
the data the Service relied upon under the Data Quality Act passed by Congress in 2001.This was the focus of last Friday's
third coordination meeting.
AMERICAN
STEWARDS,.
The Data Quality Act was passed in order to ensure that federal agencies provide transparency to the process of developing i _y
data,reviewing it for veracity and credibility,and using it accurately and in an unbiased fashion.
American Stewards of Liberty is the
This means that every report relied upon by the agency to make its tortoise recommendation must ensure and maximize the only non profit organization that
"quality,objectivity,utility,and integrity of the information disseminated? In short,the Service must ensure every piece of trains local leaders how to use the
evidence it uses to make its recommendation is verified to be ac urate and true. coordinatioar process to protect
their land,economy and way of life.
The Data Quality Act guidelines create a path for local governments like the Winkleman District to require disclosure and This unique strategy is just one of
verification from the Service as to the validity of the data relied upon. the things we do to help Americans
protect their private property
During the meeting,representatives from Winkleman asked the Service about specific data used,whether they were able to rights.
reproduce the data,what protocol was used to collect the data relied upon,why specific scientific reports were not relied upon, Join or donate today.
and how the Meyer study compared to others studies relied upon by the Service,among other questions.
The purpose of the meeting was not to challenge the recommendation,but rather to ensure the data used to base their decision
on was of high quality and the best scientific information available,as required under the Data Quality Act and the
Endangered Species Act.
In the meeting,they were able to learn that the data relied upon by the environmentalists in their petition to list had not been
reproduced by the agency in order to verify its accuracy,but that the agency had learned that the protocol used in collecting
the data was"diverse"and,in fact,had changed half way through the process. In short,it was unreliable.
On December 5th the public will learn of the Secretary of interior's decision. If their decision is to list,the Winkleman District
is in a position to challenge the listing. If the decision is to not list,then they can expect the environmentalists to sue the
Service,and Winkleman can intervene in the case and ensure the best available science prevails.
Environmental groups like Wild Earth Guardians are beginning to find their methods and practice of promoting unreliable
science will be challenged. Landowners learning to use the coordination process,like the Winkleman District,can now ensure
that common sense and sound science is used when species are considered for listing.
The science does not warrant a listing of the Sonoran Desert Tortoise and thanks to the Winkelman District,the Iandovvers in
this case are no longer outside observers.
Learn more about the Data Quality Act,
American Stewards of Liberty
Copyright 2010
PO Box 1190 Taylor,TX 76574
asl@americanstewards.us
www.AmericanStewards.us
Educating. Fighting . Training. Winning .
We educate Americans on issues Lsscatar,We send experts directly into communities to help local We train local We are winning
affecting property rights and leaders protect their way of life through our Local Outreach governments how to battles in
individual liberties through our Program. assert their coinmunities
publications,Standing Ground and coordinate role in nationwide and one-
C.00rdination Works. Nationally.We gather together our members to tight in the halls the federal and state by-one we are
of Congress through our Liberty/Matters alerts and,when planning process restoring our nation
necessary,file legal actions in the courts to protect property through our CALL from the ground up.
rights.
Amer ien conference
program.
American Stewards of Liberty,PO Box t190 Taylor,TX 76574.(,512)3ci5-2699 Fax:(sta 1365-793 365-7931.asltaamericanstewatds.us
Coordination Works -News Publications -American Stewards
Three Reasons to Like NEPA
Navigation to the webpage was canceled
Coordination Works I December so.2010 I Margaret Sy field--
In a recent Coordination Class in Casper,Wyoming,I asked an audience of
landowners and local government officials if they liked dealing with the National j
Environmental Policy Act(NEPA).Their response was a resounding-n0,"which
is the reaction landowners and private property advocates normally have when -•
you mention the federal law.
a -
It is understandable because NEPA has been effectively used by environmental
organizations and the federal government as a tool to shut down productive
agriculture since its passage in rg7o.
However,believe it or not,the NEPA process can actually be used as a way to advocate and protect production agriculture and
our way of life. In fact,the law not only allows this,but it requires that the impact on our`human"environment be fully
considered.
Let me explain,
The National Environmental Policy Act is the federal law which requires an environmental study be conducted before a"major
federal action"occurs.Thine studies are typically"environmental assessments,"or"EA's"and"Environmental Impact
Statements,'or"EIS's.' Environmentalists are very adept at invohing themselves in this analysis process from an
environmental perspective where they advocate against productive uses of land like timber harvesting,cattle grazing,
recreational use,oil and gas exploration,and the hie.
If properly done,a completed EIS selects a"preferred alternative'providing the basis and conditions for environmental
clearance of a project. For landowners in the western federal lands states,this often means severe grazing reductions,reduced
timber sales,and limited access to recreational lands.
What may surprise you is that NEPA provides landowners a tremendous opportunity to demand that the productive uses of
our land be protected.
Here are three reasons why landowners should like NEPA:
1. NEPA Requires the Study he Coordinated with Local Government
NEPA requires that the analysis conducted be coordinated with local governments.
This means that the local governments must be involved in the process from the beginning and their positions taken into
account throughout the study.Their position cannot be ignored hut rather must be discuss and analyzed.The agencies are
also required to work to resolve inconsistencies between the local government position and the federal agency's position.
Unlike the position of the public and cooperating agencies,local governments that have asserted their coordinate authority
cannot be ignored.
2. The Purpose of NEPA is"Productive"Harmony
Congress declared through N EPA that it is the national environmental policy"to create and maintain conditions under which
man end nature can exist in productive harmony,and fulfill the social,economic,and other requirements of present
and future generations of Americans."
NEPA was never intended to be a one-sided"environmental"analysis;rat her,it mandated that both the human and natural
environment be considered and specifically requires that the impact on the productive use of the land and the social and
economic pressures be a major part of the study.
in practice,the impact to the human environment is minimally considered in these studies.Environmentalists have been very d ' e
successful at keeping the agencies focused on the natural environment,such a sp
ecies,ecosystems,riparian arras,etc. Until
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Coordination Works - News Publications-American Stewards
recently,most landowners had no idea they could utilize the coordination process to hold federal and state agencies
accountable and require them to perform the proper NEPA analysis showing the impacts their decisions will have on local
economies and the people.
AMERICAN
STEWARDS/
In other words,when coordination is asserted and the local position is well advocated,the NEPA process can protect
landowners,their private property,and their local economy.
American Stewards of Liberty is the
This is how the Eastern Central Sub-Regional Planning Commission defeated the I-35 Trans-Texas Corridor.Through the only non profit organization that
coordination process,they challenged the validity of the EIS because it failed to take into account the impact the superhighway trains local leaders how to use the
would have:1)on the local economy of the towns it bisected;2)on the social cohesiveness of the people who lived in these coordination process to protect
rural communities;and,3)on the productive use of the rich BIackland Prairie the Eastern Central Texas farmland community their land,economy and way of life.
is built on. This unique strategy is just one of
the things we do to help Americans
The Texas Department of Transportation's(TxDoT)failure to fully analyze these issues in the study is the primary reason the protect their private property
Federal Highway Administration made known they could not give the project environmental clearance. TxDoT then made the rights.
decision to recommend the'no build"alternative. Join or dcnrate today.
Requiring coordination and challenging the EIS through this process,the five mayors,their respective school districts,and
local businessman Ralph Snyder.stopped the 38o billion corridor.
Educating .
Imagine if local governments asserted their coordinate role in the NEPA process and provided the factual basis for increased
grazing,timber production,and access to the federal lands, Perhaps forests in the Northwest wouldn't be shut down because We educate Americans on issues
of the spotted owl and grazing numbers would be up in the west,instead of declining. affecting property rights and
individual liberties through our
3. NEPA Regulations Require Agencies to"Reconcile"its Action with Local Plans publications,Standing Ground and
The regulations implementing NEPA Coordination Works.
P & require that the agencies discuss and analyze the local government's position in their
draft and final documents and discuss any conflicts that cannot be resolved.
There are two specific regulations worth noting.
Training .
-40 CFR 1502.16(c)requires that the study discuss: "Possible conflicts between the proposed action and the objectives
of Federal,regional,State,and local(and in the case of a reservation,Indian tribe)land use plans.policies and controls We train local
for the area concerned." goverrwuents how to
assert their
Required,by regulations,is a specific discussion of the local government's objectives.plans,policies and controls. If the coordinate role in
study does not include these,then you have a basis to challenge the validity of the study. the federal and state
planning process
-4o CFR 1506.2(d)requires:"To better integrate environmental impact statements into State or local planning through our CALL
processes,statements shall discuss any inconsistency of a proposed action with any approved State or local plan and laws America conference
(whether or not federally sanctioned). Where an inconsistency exists,the statement should describe the extent to w hick program.
the agency would reconcile its proposed action with the plan or law?
The EIS must discuss inconsistencies between the lead agency's proposed action and your local government's plans. Then,the
EIS must include what effort has been made by the agency to work to reconcile the inconsistencies. This places a much higher
agency, ycannotjustiWinning .
burden on the a
K' v3 p gnorr your position. And,finally,the regulations require that they actively work to
find ways to resolve the inconsistencies,and if they cannot,explain in the analysis why these could not be resolved.
We are winning
The only way this requirement can be met is by local governments invoking their coordinate status. It will never he met or battles in
required if local governments only participate in the process by submitting public comments or as a cooperating agency, communities
nationwide and one-
Advocate Your Position by one we are
Rarely do the restoring our nation
agencies prepare an EIS that complies with these two regulations,let alone the other critical elements of the law from the ground up.
which requires them to conduct a thorough analysis of the impact a proposed action will have on the productive use of our
land and local economy. Requiring such accountability will require your involvement.
If you are an agricultural producer or live in rural America,at some point you will likely become involved in a NEPA process.
Take a closer look at the Act and see how you can utilize the process to advocate and protect your way of life. Congress made
the way. We just need to seize the opportunity.
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