Three California Counties Follow Modoc’s Lead

Standing Ground | March 2009 | Margaret Byfield --

Sixteen years ago, California’s Modoc County set out to change how federal land management decisions affected their citizens. They insisted the federal agencies coordinate their plans and policies with county priorities by utilizing the “coordination” requirement set forth by Congress to ensure federal agencies worked with local governments.

The uniquely positioned Northeastern County, bordering both the states of Oregon and Nevada, managed early success by insisting the agencies comply with this mandate, bringing the agencies to their table and developing a good working relationship. The process has enabled them to protect their agriculture-based economy when faced with a multitude of issues from endangered species listings, road closures, forest plan revisions, and other industry threatening actions.

Now, the counties of Del Norte, Inyo, and Tuolumne are taking a cue from Modoc and developing coordination strategies that fit their issues in an effort to change the top down management practices of the federal and state agencies. Using the same “coordination” mandate from Congress and several similar state law requirements, they are making early gains, reversing the historical practice of agencies ignoring local concerns, insisting that their counties have an active role in the agency decision making process.

A Test of Wills
Modoc County is different in topography from the rest of Northern California. Unlike the granite based Sierra Nevada range it touches, which boasts high precipitation and forests that people enjoy visiting, Modoc is described by one resident as “where people live.” They make their living off cattle and sheep grazing, firewood harvesting, and at one time, from a productive timber industry.

It would seem this volcanic-based county has little in common with the rest of California, except for the multi layers of federal and state controls. Estimates are that at least 75% of the County is publicly owned, most of this in federal control, and another 15% of the County has its irrigation water controlled by the Bureau of Reclamation. In all, the County deals with three National Forests, a Wilderness Area, the Lava Beds National Monument, two National Wildlife Refuges, the Bureau of Land Management and California Fish and Game.
Despite these multi bureaucratic layers, the people who live here depend on their right to use the land.

In 1993, Modoc set out to prepare a plan that would give them a better seat at the table, and through their research were introduced to the approach being successfully tested in Owyhee County Idaho, the coordination approach. It started with a team of three Modoc County residents; Sean Curtis, June Roberts, County Supervisor Nancy Huffman and one of Stewards founding members, Carolyn Carey (now a Stewards Director). Carey introduced the County to Fred Grant and his coordination strategy.

Together, the three residents gathered a small group of local experts, and drafted an interim land use plan passed by the Board of Supervisors in 1994, using the coordination principles as their basis. The final plan was adopted in 1995, at which point the drafting committee became the land use committee to advise the Supervisors on resource issues.

Their resolve was tested early. In 1995, the U.S. Fish and Wildlife Service (USFWS) prepared a new biological opinion on a portion of the Modoc National Forest for the benefit of seven species of fish, calling for the reduction of the current grazing season of five months to a new season of just one month. This new opinion would have made it impossible for grazing to continue for the 2,000 head of cattle and 6,000 head of sheep in the area, a major contributor to the local economy. Their plan, however, did not match the monitoring data that had been collected for the prior three years. There had been measured improvement in riparian and fish habitat under the current grazing practice.

The County took action. They adopted the original biological opinion as a local recovery plan under the Endangered Species Act, so that the county plan would be inconsistent with the federal opinion. The inconsistency would require the Forest Service to reconsider the new biological opinion. When the Forest Service took the position they had to file the new opinion, and USFWS would not withdraw the opinion, Modoc filed a Notice of Intent to sue letter based on the statutory requirement of consistency between federal and local plans. Three days later, the Department of Justice called the County and as a result, the U.S. Forest Service (USFS) Regional Forester and USFWS Regional Director personally toured the site and determined the original biological opinion and newly adopted County plan would remain in place. The local solution prevailed.

In 1998, the County faced another major threat; the development of the Sierra Nevada Framework which sought to amend an unprecedented eleven National Forest Management Plans with a one-size-fits-all prescription. Their goal was to provide protection for the California Spotted Owl, a species not yet on the endangered list.

The Modoc Forest, however, was different than all the others included in the revision and the County sought to exclude it from the new plan. They even submitted a full alternative for the Environmental Study that allowed the current Modoc programs to continue. After countless meetings with officials at the Regional level, the Record of Decision was released with ten exemptions to the final decision, of which eight were on the Modoc National Forest. The result of the exemptions was to exclude the majority of the Modoc Forest from the plan.

In 2004, a supplemental Environmental Impact Statement (EIS) was released for the Framework and a 900,000-acre juniper management project initiated by the County and the Forest Service to control the spread of the trash species was added to the exemptions. As a result, over 90% of the Modoc Forest was removed from the Framework and continues today to be managed under the local plan.

Throughout Modoc’s coordination history, there are many significant victories which, combined, have helped Modoc to maintain its local resource-based economy. For instance, the County managed to facilitate a program which allows small timber harvesters back into the Forest, and just last year, the County coordinated with the Bureau of Land Management on their grazing plans, assuring that grazing continued and would be managed under locally developed prescriptions.

Modoc’s Board of Supervisors even took on the powerful PG&E power company during their dam re-licensing project. Environmental groups were pressuring the company to allow more water to bypass the hydro electric plants and flow free through the stream. Concerns were raised that PG&E would make up the additional flow by infringing on upstream, junior water rights. The county stepped in and ensured their citizen’s water rights were protected.

Modoc’s continued insistence that the agencies coordinate has allowed the County to be apprised of potential problems early, and take positions that protect the citizens when dealing with the often controversial resource issues. The result is an admittedly good relationship between the county and most of the federal agencies. Workable decisions are being made on the ground, at the local level that benefits the economy and the citizens.

The recent Travel Management Plan Draft EIS on the Modoc Forest is a prime example. Modoc is the only Forest County in the nation today that will not face closure of the vast majority of their user roads on the Forest under this nationwide directive. In 2008, all National Forests were directed to create a Travel Management Plan, largely to manage Off Highway Vehicles (OHV’s). As a result, counties across the nation are facing the closure of critical roads in their Forests; cutting off access not only to OHV’s, but to the resident’s themselves. In these areas, the plan is creating the roadless conditions that make it easier to later convert the forests into restrictive wilderness areas.

When Modoc County became aware of the Travel Plan, they worked closely with the Forest Service who coordinated the rewrite of grazing and firewood gathering permits in the Forest to include language authorizing the permittee’s off road use. Then, in 2008, when the plan process began, they went through the laborious task of establishing the use for each individual road, and made a strong case that the roads were there for a necessary purpose – to gather firewood, service wells, hunt, fish, access fences, etc.
The County maintained that unless there was proven damage found on the road from OHV’s, the access should remain open. As a result, those roads identified as necessary by the County will remain open. The primary limitation will be on the OHV’s who will be restricted to staying on the designated routes, a reasonable concession to make given there will be over 1,000 miles of roads open for travel.

Del Norte Follows Suit
Supervisor Gerry Hemmingsen from Del Norte, the coastal county that anchors the North West corner of California, has been keeping a close eye on Modoc. When the first in-depth coordination seminar by Stewards and the American Land Foundation was hosted in the northern town of Eureka in 2007, Gerry stayed for the entire two day session, and learned the principles behind the coordination approach. He left with a resolution in hand designed to help the fisherman on his coast protect their commercial fish licenses and began the process of educating his fellow supervisors, some of which had strong allegiances to the areas environmental groups.

He was able to pass a coordination resolution, and then worked with the local organizer of the Eureka meeting, Katherine Lehman, to bring Fred Grant and myself to Del Norte to work with his key staff, assisting in the development of specific strategies to help solve the county’s unique and complex issues.

Del Norte is host to a large portion of the Redwood National Park, as well as, several state parks that combined have locked up two thirds of the county. Their pacific coastline is anchored by historic lighthouses, sandy beaches, cool saltwater breezes, and the tight control of the California Coastal Commission. The County is also restricted by endangered species designations, such as the sea lion. Where the federal and state park lands end, nonprofit environmental groups have stepped in, purchasing key properties for conservation, taking more land off the tax rolls.

Throughout the county’s history and the government’s increased presence, the agencies have largely ignored the protests, concerns and even inquiries made by the County. They have viewed the County at cross purposes with their agenda to control more land for the benefit of the public. Yet, the residents have seen the opposite happen. The government and environmental holdings become less accessible as roads are eliminated, critical highways cut off, public recreation access discontinued. Their agenda, in practice, protects the land from the people.

Coordination, while still in its infancy in Del Norte, has already brought about a considerable change in attitude from the agencies. One of the first issues the County addressed was a major land purchase made by the State Fish and Game department for 26,000 acres. The Mill Creek acquisition happened without any consideration for the Counties concerns.

The State Fish and Game department is currently completing its Environmental Impact Report (EIR) on Mill Creek, the state impact study designed to replace the EIS required under the National Environmental Policy Act. The major difference between the federal and state studies is that the California EIR does not require consideration of the impact to the local economy.

The County has challenged the EIR, citing a case which requires the use of the federal study instead. If successful, the agency will not be able to avoid considering the local economic impact and may be forced to change how they plan to manage the property. Before the county made its claim, the final EIR was due out last summer, but as of this printing, has yet to be released. The County, while it can’t reverse the acquisition already made, intends to play a role in its management through coordination to insist continued access to the property.

The county has however, managed to stop another acquisition pursued in the county of 3,500 acres by challenging the federal funding for the project. So far, the environmental land trusts have been unwilling to make the acquisition, some backing away because of the county’s recently passed No Net Loss of Private Lands resolution.

One of the most contentious issues Del Norte faces is what use will be made of a prized strip of beach front property. Pacific Shores was approved to be subdivided years earlier, but development was stopped through a myriad of restrictions from wetlands designations to endangered species. The County has used the coordination process to bring the federal and state agencies to the table, including the powerful California Coastal Commission (CCC). The CCC is holding forth that no development will take place, while the State Fish and Game department has agreed to identify areas of the land they believe can be utilized.

Supervisor Hemmingsen, now the Chairman of the Board, believes good progress is being made by Del Norte and points to a noticeable reversal in the agency’s actions. The agencies now meet with the County when requested, are providing information to the county that before was refused, and on two occasions have initiated meetings with the County in order to deal with concerns before agency decisions were made.

The only exception has come from the National Park Service, which so far, has been resistant to work with the County. Del Norte is prepared to elevate their request if cooperation is not forthcoming.

Hemmingsen knows they are a long way from resolving many of the issues they face, but notes that for the first time, the top down agency decision making process is changing.

Inyo Overcomes Agency Resistance
Inyo County’s problems are largely defined by the massive swaths of Wilderness taking up the productive resource lands, most notably, the John Muir Wilderness Area. It has strangled the local economy of which only 1.7% of the County is privately owned. Yet, U.S. Congressman Buck McKeon is pushing for more, cosponsoring a Wilderness bill that has already passed the Senate.

At a hearing held in the County Seat of Independence on the bill last year, the people who testified in favor of the legislation were largely from urban areas outside of Inyo. They expressed how the Wilderness allows them to escape urban pressures and made a case for helping the local economy by eating in their restaurants, buying gas and other supplies. The Chairman of the Supervisors politely pointed out they do not have any restaurants in Independence, as they have all closed when the promise of tourist revenue that came with the last Wilderness designation failed to materialize.

The citizens who live in Inyo oppose the Wilderness, and talk of the necessity of making a living and placing food on the table.
Inyo is described as the “Adventure Capital of the World” hosting the highest peak in the lower 48 states, Mt. Whitney, as well as, the lowest elevation, Death Valley. It is home to the Great Basin Bristlecone Pines, the oldest life form known in the world, and boast world class trout fishing, beautiful Sierra Nevada granite peaks, and endless vistas. Inyo is a resource to be treasured as it has been by the people who have ranched, farmed, hunted and logged the area since settlement – the same people now being replaced by bureaucratic management.

The relationship between Inyo and the U.S. Forest Service has been contentious, to say the least. The County Administrator, Kevin Carunchio, noted that the County’s requests and letters were largely ignored by the Forest Supervisor. After passing their coordination resolution, they sent repeated letters to the Forest Supervisor, without receiving substantive responses.

Carunchio and the Chairman of the Board, Linda Arcularius, were featured speakers at the CALL America 2008 annual conference in Austin, Texas, which focused on the coordination strategy. They brought with them their County Counsel and another County Supervisor. Upon returning home, they elevated their request for coordination to the Regional Forester copying the Department of Justice.

Before Christmas, they had a response from the Forest Supervisor and a meeting with the County Board was set. The result was the most civil discussion the agency and County have had for nearly two years, commented Carunchio. He expects to make more strides in a few weeks when they sit down again.

Although Inyo has a long road ahead, already the County’s staff sees progress and is confident they can make significant gains through their new process.

A New Plan for Tuolumne
Tuolumne County is gold country. Only two and a half hours east of San Francisco, visitors to the county mainly come to see the historic gold towns and recreate in Yosemite National Park. Ten days after Supervisor Teri Murrison attended a small workshop on coordination held during the California Association of Counties 2007 annual meeting in Oakland -- a result of Modoc Supervisor Mike Dunn’s push to expose more counties to the coordination process – the county passed their coordination resolution.

Murrison, the new Chairman of the Board, spearheaded the drafting and passage of the resolution and has keyed in on the critical necessity of a land use plan to trigger the consistency element of coordination. She secured a $5,000 grant from a Community Foundation to write the plan and has turned the process over to local citizens with expertise in the resource issues. She hopes the County will adopt the plan so that clear identifiable policies are set to make it easier for the federal and state agencies to achieve consistency.

Murrison believes the local citizen’s support is key to the County’s success, modeling after the time tested approach of Modoc, and keenly recognizes the need for the County to be closely involved in the critical land and water resource issues for the long haul.

Grounded, Measured, Forward Progress
Bringing the federal and state agencies to the Counties’ table to openly consider their priorities is a monumental step for any county to undertake. As these new California counties have learned, it is often met with great resistance by the agencies. They test whether the county has the fortitude to follow through. However, past this hurdle, the Counties are finding the ultimate goal can be achieved -- ensuring local priorities are respected and good relations developed.

The California four are seeing progress never before experienced. They are witnessing a change in the agencies’ deference to them, and gaining a voice in the decision-making process that is backed by federal and state laws requiring the agencies to do more than listen.
The four counties now also have the unique opportunity to compare strategies as they did for the first time at the Call America 2008 conference. Efforts have already begun to organize informal quarterly meetings amongst the counties, lead by the initial organizers in Modoc who are anxious to blaze a wider trail with their new partners.

They have great potential to work independently on localized issues and together on issues of mutual concern. Their combined efforts can move agendas forward for rural issues in a manner never before contemplated and, with their help more California counties can begin the same steps.

No doubt the Counties will have to continue to flex their legal position to achieve consistency and compliance with the agencies, but, at the end of the day, the coordination tool can be for these California counties just what Congress intended – a way for top down policy decisions to be reined in by local priorities.

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