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4

S          Siskiyou County Comprehensive
6

7                            Land & Resource
8

9                           Management Plan


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             Slsklyou County Comprehensive Land & Resource Management Plan
     Februa~ 1996                                                        page 2


   I                           Table of Contents
   2


   3 S[SKJYOU COUNTY COMPR~HENS[VE LAND & RBSOURC~ MANAGEMENT PLAN          4

   4   PART 1. INTRODUCTION AND STATEMENT OF PURPOSE                        4
   5   PARTI[ E~MPLES                                                       5
   6   PART IH. GENERAL PROCESSEs, METHODS AND GOA[£ OF AN ANALYS[S BY AGENCIES 6


   7 APPENDIX 1 REGULATIONS. JuRlSD1~QN AND COORDINATfON                   I 1

   8   SISKIYOU COUNTY & THE NATIONAL ENVIRONMENTAL POLICY ACT:            12
   9   JOINT ENVIRONMENTAL PLANNING:                                       15
10     THE INTERGOVERNMENTAL COOPERATION ACT:                              16
1 1    US FOREST SERV[CE LAND & RESOURCE PLANNINGINEPA PROCESSES:          17
12     US BUREAU OF LAND MANAGEMENT LAND & RESOURCE PLANNINGINEPA PROCESSES: 18
13     SISKIYOU COUNTY ENVIRONMENTAL PLANNING & REVIEW:                    20
14     CALIFORNIA ENVIRONMENTAL QUALITY ACT                                21
15     CALIFORNYA ADMINISTRATIVE ACT                                       21


16   APPENDIX 2 CUSTOM AND CULTURE                                         24

1 7    IDENTIFICATION AND RECOGNITION OF CUSTOMS AND CULTURE               26
18     OVERV[EW AND DEFINING OF CUSTOMS AND CULTURE                        26


19   APPENDIX 3 CUSTOMS AND CULTURE    MINING IN S[SKIYOU COUNTY           28


20   APPENDIX 4 CUSTOM AND CULTURE     AGRICULTURE SUMMARY                 31


21   APPENDIX S CUSTOMS AND CULTURE    FARMING                             33

22     HISTORICALNOTES:
                                                                           33
23     EARLY RECLAMATION EFFORTS:                                          36
24     HISTORICAL STATICS:                                                 37
25     "RIGffr TO FARM ORDINANCE":                                         38
26     GENERAL CQNSIDERATIONS:                                             38
27     SOIL CffARACTERI~CS:                                                38
28     CLIMIMAJIC CIIARACTERI~CS:                                          40
29     WATER AVAILABILITY:                                                 40

30   APPENDIX 6 CUSTOMS AND CIJL1~JRE  RANCHING AND DAIRY                  48

3 1    SISKIYOU COUNTY RISTOR~CAL NOTES:                                   48
32     IIISTORICAL STATISTICS:                                             53


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             Siskiyou County Comprehensive Land & Resource Management Plan
     February 1996                                                  page 3

   l   CONSTITUTION OF THE SISKIYOU COUNTY STOCK PROTECTWE
   2   ASSOCYNTION                                                    57
   3   RANCHING TRADITIONS OF ALTA CALIFORNIA                         59
   4   HISTORY OF THE "PUBLIC LANDS" GRAZ[NG SYSTEM                   61

   5 APPENDIX 7 CUSTOMS AND CULTURE   WATER US~                       66

   6   HISTORY                                                        66
   7   AGRICULTURAL WATER USE:                                        88
   8   WATER USE IN GOLD MINING                                       97
   9   WATER LAW PRINCIPLES                                           103

10   APPENDIX 8 CUSTOMS AND CULTURE   FORESTS AND FOREST PRODUCTS     114

Ii     ADDENDUM                                                       116
12     REFERENcES                                                     120

13   APPEND[)( 9 CUSTOMS AND CULI~JRE- RECREATION AND TOURISM         121

14     BACKGROUND                                                     121
1 S    HIKING1CLIMBING~AND RECREATIONAL SNOW ACTIvITIES               121
16     FISHING                                                        121
17     CAMPING AND HUNTING                                            122

I 8  APPENDIX 10 CUSTOMS AND CULThRE  TRANSPORT~ON AND RIGHTS-OFWAY125

19     BACKGROUND:                                                    125
20     DEF~ON OF A "HIGIIWAY":                                        128
21     ABANDONMENT & STATUTE OF LIMITATIONS FEDERAL PERSPECTIVE: 129
22     HISTORIC REFERENCE TO OLD ThAILS, ROADS AND RAII~ROADS IN
23     SISKWOU COUNTY                                                 130

24   END NOTES                                                        142


25
26


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             Si&kiyou County Comprehensive Land & Resource Management Plan
      February 199G                                              page 4


   2                 Siskiyou County Comprehensive Land &
                          Resource Management Plan
   4

   5  Part 1. Introduction And Statement Of Purpose
   6
   7  The management and regulatory actions of federal and State agencies ~vi thin
   8  Siskiyou County have a profound impact on the citizens of this county. The
   9  Constitution of the United States and the Constitution of the State of California
10    provide for a republican form of representative government with specific
I I   limitations and separations on the governing powers of federal and State bodies
12    of government and the executive, legislative and judicial branches therein; as in
13    respect to one another and to the people in which sovereign power resides. The
14    limited power of government in relationship to the individual citizen is
l 5   expressed, in parts by the recognition of certain rights as inalienable by
16    governance and the enumeration of specific guarantees of protection in regards
17    tomanyothers.
18
19    The duly elected Board of Supervisors of the County is empowered by the
20    citizens of Siskiyou County with adrniriistering the general law of California in
21    respect to the "police powers'1 of regulation in regard to the public health1
22    safety, welfare and morals within the territonal bdundaries of the County and
23    in accordance with a sworn duty to protect and defend the Constitution of the
24    United States. As such, the Board of Supervisors of Siskiyou County embodies
25    the convergence of both generally and specifically delegated authority and the
26    poh.tical jurisdiction to represent the interests of the citizens of Siskiyou
27    County in the administration of civil governance by all agencies affecting
28    citizen actions as well as individual rights within the territorial boundaries of
29    Siskiyou County.
30
3 1   The National Environmental Policy Act and the many other federal and state
32    laws creating agencies, as well as authorizing the agencies to manage and
33    regulate resources, require that the agencies consult and coordinate with the
34    County in decision making when proposing actions that have physical1 sodal or
35    economic irnpacts on the County or its dtizens. In discharging its
36    responsibilities in this regard, the Board of Supervisors of Siskiyou County
37    recognizes vaijous ctiltural populations within the boundaries of the County
38    that are distinct from one another, yet linked in identity by customs, social
39    communities, lifestyles, values arid institutions; and defined largely by common
40    resources-based economic activity that warrant specific consideration ill agency
41    decision mal~ng processes.
42
43    The Siskiyou County Comprehensive Land & Resource Management Plan~seeks
44    to describe these distinct cultural populations in terms of common actions,
45    economic enterprises and uses of real and personal property as exist within the
46 : boundaries' of Siski
                      you County. The purpose of such description is to advise
47    federal afrd state agendes of the existence of these cultural populations and the
48    need to protect, conserve and enhance the cultural and economic diversity
49    within the County and to take no actions which dimimsh, or tend to djmir~~sh
so    the political and legislative jurisdiction of the State of California or the County


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                     Siskiyou County Comprehensive Land & Resource Management Plan
             February 1996                                             page 5

          I  of Siskiyou in the civil governance of its citizens in regard to the interests of
          2  the health1 safety1 welfare or morals of its citizens and the general prosperity of
          3  its communities and the county as a whole.
          4
          5  Accordingly1 the Board of Supervisors of the County of Siskiyou declares that it
          6  is the policy of the county to require each and eves federal (see Appendix I)
          7  and state1 agency ad.m~stenng, managing or regulating lands or natural
          8  resources within the county to fully coordinate with the county at the initiation
          9  and throughout the planning process1 whenever proposed plans, actions,
        10   regulations, restrictions or establishment of productivity levels are being
        II   considered.
        12
        13   Furthermore1 the County of Siskiyou has adopted Resolution No. 93-2-84, which
        14   provides for County participation in environmental review and coordination
        15   when federal and state agencies are proposing actions within the County which
        16   affect or may affect a wide range of County and citizen interests.
        17

        18   Part II Examples
        19
        20   Examples of an agency and/or regulatory entity actions or undertakings that
        21   invoke, or may invoke consideration of this plan, including1 but not limited to
 J      22   the~following:
        23
        24   1. Federal: Proposed National Forest Management Plans and Bureau of Land
        25     Management Plans or changes thereto, including the setting of timber harvest
        26     levels; changes in policies regarding salvage of dying and dead timber;
        27     changes in grazing fees and policies; changes in in~g policies; proposed
        28     changes to tribal trust lands; changes in percentage of forest receipts to the
        29     county as in lieu payments; proposed additions to wilderness areas and wild,
        30     scenic and recreational rivers; proposed creation of natural areas; proposed
        3 1    creation or designation of historic areas; proposed land exchanges; proposed
        32     purchases of private land; proposed changes in habitat requirements for
        33     endangered, threatened and sensitive species; proposed additions to wildlife
        34     areas; proposed changes to access to public lands; proposed changes in
        35     wetlands arid riparian designation and management; proposed biological
        36     surveys; proposed National Parke and Monuments; proposed reallocation of
        37     water resources.
        38
        39   2. State Agencies: Proposed changes in regional water p1~S; proposed changes
        40     in wildlife habitat requirements; proposed changes m etidangered1
        41     threatened ai'd sensitive species designation; proposed changes in game and
        42     fish species designation and management; proposed changes in lists of
        43     beneficial uses of water; proposed changes in dassification of navigability of
        44
               streams; proposed changes in pesticide regulations; proposed changes in
        45     Forest practices regulations; proposed changes in mining and redamation.
        46     regulatiQns; proposed changes in air quality regulations; proposed
        47     designation of wildlife preserves; proposed changes in stream discharge
        48     requirements; proposed changes in stream bed & bank alteration
             I California Envirnnment~1 ()ii~1itv Act: C~1iforni~ Adniini~tr~tiv~ Proc~~4~ire~ Act ~nd otb~r ~


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             Siskiyou County Comprehensive Land & Resource Management Plan
      February 1996                                                page 6


   l    requirernents; proposed additions to wiid~ scenic and recreational rivers;
   2    proposed changes in water management practices on agricultural lands;
        proposed land exchanges; proposed water diversions and/or well drilling for
   4    state purposes; proposed purchases of private land, proposed State Parks and
   S    Monuments; proposed reallocation and/or export of water
   6

   7


   8  Pad IlL General Processes, Methods And Goals OfAn Analysis By
   9  Agencies
l0
I I   Plans or actions by agency1 inter-agency or other decision-makirig groups shall
12    contain information and discussion to facilitate a coordinated plam~g effort
13    between the agency and county government. Participation by the county in
14    multi-interest plann'ng1 advisory or decisiorimaking processes does not
1 5   replacef abridge or satisfy the requirements for coordinated consultation and
16    coordination between county government and the decision making agency(s).
17
1 8   This information for a coordinated planmng effort shall include effects on the
19    physical1 social and economic envirorii~ent. This includes the physical
20    environment, histonc customs, culture, useage, property rights, econornic
21    welfare, general prosperity and economic stability of communities in Siskiyou
22    County. Actions or plans with non-significant impacts or negative impacts on
23    the physical environment shall also be included since those actions or plans
24    may have significant social and/or economic irnplications, including curnulative
25    impacts.
26
27    Since the majonty of land in Siskiyou County is non-private land, and the
28    County's major industries livestock, fann~g, timber, mining and recreation -
29    are tied to that land and peruflent resources either directly or indirectly, then
30    all economic or social and natural or physical environmental effects are
3 l   interrelated. When federal and state agency actions will potentially impact the
32    physical environment, sodal, cultural, economic factors and/or property nghts,
33    then the following information should be provided:
34
35    The purpose and need for the actions should indicate the underlying puipose
36    and need that brought about the proposed plan, program or projects The
37    perceived purpose or need for an action or plan should be addressed in a
38    maimer to penn't consideration of alternatives accomplishiflg or satisfying the
39    needs and purpose Alternatives for accomplishing the purpose or need should
40    also be includes Each of the alternatives should be describes Descriptions
41    should indicate limitations or factors (mduding costs) that may prohibit
42    alternatives, as well as benefits accruing from each alteniativ~
43
44    The affected or created physical, social and economic environment shall be
45    describes Since these efforts are to pennit coordinated planning with county
46    govemmept such descriptions shall be germane to county units. The maximum
47    level of aggregation is as a county Due to cultural and clirnatic differences and
48    geographic isolation, discussions should include descriptions of affected or
49    created impacts on sub county uflits induding the principal valleys of Butte
so    Shasta and Scott as well delineated historically and generally by water drainage


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               Siskiyou County Comprehensive Land & Resource Management Plan
       February 1996                                              page 7

   l   The Tulelake area would be considered distinct from Butte Valley for histoncal
   2   developmental, cultural and pbysical reasons. The Kiamath River corridor,
   3   particularly in the western stretches of the county, and the mountainous
   4   Salmon River area in western Sislciyou County are also considered separate
   S   areas for social and economic discussions.
   6
   7   Economically the I-S corridor is a functional unit. However, operationally and-
   8   for these planning processes, it consists of north (Yreka and vicinity) and south
   9   (Weed, Mt. Shasta, Dunsniuir and McCloud complex) county working areas.
10
I I    Objectives of the planned projects or actions shall be evaluated for impacts on
12     the human environment. These objectives and their defjnitions, defined for
13     specific sites (areas)1 must include the commodity and amenity outputs or
14     production thresholds needed to ensure continuity and diversity of the heritage
15     of customs, culture and usages of the citizens of Siskiyou County; the integnty
16     of private property rights and investment backed expectations; and to acliieve
!~     the values that have been determined to be jinportant or necessary to the well
18     being, general community prosperity and economic welfare of the citizens of
19     Siskiyou County. These objectives and production or output levels will then
20     become the goals and evaluation cnteria against which all related proposals and
2 1    alternatives shall be evaluated.
22
23     Desired future conditions, such as vegetative mosaic1 landscape, watershed or
24     watercourse conditions, detemiiiie production or output levels to meet
25     objectives, within the physical capabilities of the natural resources. Since
26     different landscape, watershed and watercourse descriptions will produce
27     different levels of output, Siskiyou County must be involved in designing
28     landscape, watershed and watercourse descripuons to best preserve the quality
29     of the physical environment, continuity of the heritage of customs, culture, and
30     usages integny of private property rights, economic stability of communities
3 1    and economic welfare of County citizens when choices have to be made
32     between conflicting management objectives.
33
34     Discussions of effects on the County's natural resources and environmental
35     quality should indude but are not limited to:
36
37               1.    fisheries and wildlife resources
38               2.    forest and tirnber resources
39               3.    range resources
40               4.    drylandcrops
41               5.    watershed resources
42               6.    pnvate surface and ground water rights and ~gated
43                     cropland
44     .         7.    rniiieral resources
45               `p8.  recreational opportunities
46               9.    environmental quality of air, water, and soils
47               10.   integrated resource plai~rnng and management ill which
48                     county private parties arid/or public interests are involved
49               11.   multiple use, sustained yield and range resource laws
so               12.   private investments, property interests and regulations into
S 1                    public land resources


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             SISkly~~ CO~~ty Comprehensive Land & esource Management Plan
     February 1996


  I             13.   ~ on privately owner lanci~ irnproverne~ts and
  2                   resources or adjacent to federal or state managed land
                      where t~e plan1 program or prQect is proposed
  4
  S  Discussions of effects on the County's culture, governance, sc~ools1 social
  6  services and other local programs include bu~ are not limited to:
  7
  8             1.    The culture of the county due to potential population loss.
  9
                2.    The culture of the county from possible limitations and
10                    restrictions on cultural beliefs and practices, diversity and
ii                    choice of lifestyle, and maintenance of cultural, community,
12                    generational and familial cohesion and kinship.
13              3.    Cultural and community aesthetics, including historic sites,
14                    natural resource vistas, r
15
                                                iver ~vays and landscapes.
                4.    The County's ability to protect and provide Services for the
16                    health, safety, and social and cultural well-being of its
17                    citizens
18              S.    The County's ability to finance public programs and
19                    services through bonding, lending and other financing
20                    mechanisms
21
                6.    Local governments (towns, etc.) and schools from identified
22                    tax revenue loss
23              7.    Local emergency medical se~~ces, law enforcement, fire
24                    (and wildfire) protection and nuisance abatement
25              8.    The local infrastructure, including transportation,
26
                      community water, sewer, power, electric power generation
27                    and transmission systems, (including irrigation and
28                    reclamation districts), Service districts, and landfill services.
29              9.    Local community well-being, stability of governance, and
30                    the education and welfare of children from cumulative and
31
                      long-term impacts
32              10.   Pest and predation control, and weed abatement.
33
34   Discussions of effects on the County's economy, customs, useages, services and
35   businesses to include but are not ijinited to:
36
37
                1.    Economic diversity
38              2.    Private investment backed expectations
39              3.    Direct, indirect and cumulative employment (including
40                    those who are self-employed) and wages
41              4.    The industries of cattle, fairrng, timber, rn~g and
42                    recreation - specifying unit cost effects (e.g. economic value
43
                      of animal unit months (AUMs)1 million board feet (MMBF),
44                    measurements of cubic feet per second (cfs) or acre feet of
45                    water, yield per acre, acres in production), recreational user
46                    days or other units of measurement as appropriate
47              5.    Local businesses directly and indirectly related to the
48
                      resource decision or pl~
49              6.    Housing, real estate values, residential energy, water, sewer
so                    and sanitation needs.
S'              7.    Variable thresholds for business demand and markets.
52              8.    Marketability of workforce skills


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               Siskiyou Gounty Comprehensive Land & Resource Management Plan
     February 1996                                               page 9

   I             9.     `3'1siness and financial ~Iannin~ and t~e ability to obtain
   2
                        financing dependent upon continued availability and
                        productive use of a natural resource.
   4             10.    The level of manufacturing or processing teclinology
   S                    required of local industry, dependent upon the availability
   6                    of suitable raw materials.
   7
                 I 1.   Local community well-being, stability and ability to
   8                    maintain current and future debt service by long-term and
   9                    cumulative impacts.
10
I 1  Direct and indirect impacts on economics, and ramihcations of planned
12   activities on local economics shall use appropriate multipliers.
13   Discussions shall include any effects on property rights and protectable
14   interests in the County. In addition to these requirements, there shall be an
is   evaluation of the irnpacts on property rights, as subject under California
16   ~\`ecutive Order D-78-89 on Regulatory Takings, the United States Presidential
17   Executive Order No. 12630, entitled "Government Actions and Interference with
18   Constitutionally Protected Property Rights", and the Attorney General's
19   guidelines entitle "Evaluation of Risks and Avoidance of Unanticipated
20   Takings", mandating that the following tests or criterion be used in assessing
21   possible taking of private property rights:
22
23               1.     Whe~er the plan, program or prrnect constitutes an actual
24
                        physical intrusion or actual tahng
25               2.     Whether the plan, program or prrnec~ constitutes a
26                      regulatory taking
27               3.     Potential for partial or full loss of economic value or
28                      investment backed expectation
29
                 4.     Related effects on custom, culture and usage
.30              S.     Whether the agency action conforms to constitutionally
3 1                     protected property rights and commonly accepted notions
32                      of fairness and due process
33               6.     Cost of compliance.
34
35   Discussions shall include cumulative, long-term effects on the County's
36   economy, culture, usage, services and businesses. Plans, programs or actions
37   may have insig~icant impacts when analyzed individually, however,
38   cumulative long-term impacts when combined with plans that have sinnlar
39   direct or indirect impacts may be significant. Infrastructure of economic
40   sectors1 culture, customs, usage, services and coinnunity stability must be
4 1  evaluated and protected from cumulative effects.
42
43   Alternatives shall be described in a manner permitting comparative evaluation
44   am~ong the options by decision makers and the public. This shall indude all
45   reasonable alternatives and why alternatives were eliminated, including
46   reasonable alternatives not within the jurisdiction of the lead agency and the
47   alternative of no action. Identification shall be made of the preferred
48   alternatives.
49             -
so   It is the policy of Siskiyou County that federal and state agencies shall not
S I  approve plans, programs or projects as proposed if there are feasible
     `    . .       . .  -            .


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              Siskiyou County Comprehensive Land & Resource Management Plan
      February 1996                                              page 10


   I  reduce or ekn~nate significant impacts to both the physical social and
   2  economic environment. Mitigation plans for all alternatives ~4U provide
   3  detailed and realistic alternatives in accordance ~tk NEPA. These plans shall
   4  identify each impact that the rnitigation rneasure is intended to address. This
   5  should include the responsible agency for implementation and monitoring of
   6  the mitigation measure. These rnitigation measures shall also be evaluated by:
   7
   8       1. How impacts may be avoided altogether by not taking certain actions.
   9       2. How impacts may be minimized by 1imi~g the degree or magnitude
10            of the proposed actions.
I I        3. How impacts may be rectified through repair, rehabilitation or
12            restoration of the affected environment.
13         4. How impacts may be reduced or eliniiiiated over time through
14            preservation and maintenance actions during the life of the action.
15         S. How the agency could compensate for the impact by providing
16            substitute resources of equal utility or econornic value.
17
I 8   Each mitigation measure should also discuss its legal authority1 technical
19    feasibility, fiscal and economic feasibility1 social, cultural and political
20    feasibility. To help ensure implementation of the mitigation plan a monitonng
21    plan based on specific objectives and performance standards shall be
22    implemented. Monitoring and the mitigation plan shall be regularly provided
23    and discussed with the Sishyou County Board of Supervisors or designee.
24
25


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             Siskiyou County Comprehensive Land & Resource Management Plan
     February 1996

   I          Appendix I ~ Jurisdiction and Coordination
   2
   3 us Supreine Court Decision: Jurisdiction of State & Local Courts
   4
   S On May 20, 1991, the United States Supreme Court declared that the federal
   6 agencies are required to submit to the jurisdiction of state and local courts.2 In
   7 a unanimous decision, the court declared that federal agencies sue&under State
   8 law in a State court cannot seek to have the case removed to federal court The
   9 question before the Supreme Court was whether the National Institute of
10   Health, an agency of the federal government, could force a case under State la~~
I I  to be heard in federal district court The Supreme Court ruled that cases
12   involving federal agencies could not be automatically removed to federal court.
13   The Court concluded that although persons or officers of the federal
14   government specifically named in a State action in State court can cause a case
Is   to be heard in federal court, federal agencies named as sole defendants cannot
16   cause a case to be removed to federal courL Individuals or county governinents
I 7  seeking to protect their rights under State or local law, in State or local courts,
18   against the federal government should name only the federal agencv creating
19   the statutory violation rather than naming individual employees.
20
21   The key elements for achieving consistency and coordination trace back to the
22   doctnne of concurrent jurisdiction::
23
24        federal jurisdiction to manage the resources on public lands1 and
25        local/State jurisdiction to protect the health, safety, economic welfare
26        and rights of its citizens.
27
28   The statutes related to federal-local consistency and coordination in land use
29   planning are highlighted below. For a more in-depth presentation of all the
30   federal and State statutes related to coordination with County governments, see
3 1  Appendix I, The Legal and Administrative Environment.
32
33   Siskiyou County economy is primarily dependent upon federally-managed lands
34   and resources. The National Environmental Policy Act (and other relevant laws
35   discussed later) contain provisions for Siskiyou County to plan in regards to
36   public, as well as private land to protect its natural environment and to protect
37   the customs and culture, social and econoim~c well-being of Sislayou County
38   citizens. Siskiyou County's priniary plannmg mechanism for planning on public
39   lands is to coordinate with federal land ageiicles to reach consistency between
40   federal land agency plans and Siskiyou County land resource plans.
41
42   Federal statutes and regulations require federal agencies to consider and
43   protect from adverse impacts, the econornic structure of counties. Furthermore,
44   federal agencies must consider and protect more than just economic structures.
45   For example,.the National Environmental Policy Act (NEPA) requires all federal
46   agencies to assure safe, healthful, productive, aesthetically and culturally
47 . pleasing surroundings, to preserve cultural aspects and maintain an
48   environment supporting a variety of ~dividual choices. More significantly1

     ~                           -


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              SISkIy~~ COUnty Comprehensive Land & esource Management Plan
      February 1996


   I  federal agQncies rnust specify mitigation p[ans to reduce or e[iniinate adverse
   2  impacts to local cornrnunities.3

   4  The US Forest Service and Bureau of Land Management regulations require the
   S  agency to consider effects of its actions on communities adjacent to1 or near,
   6  public lands, and on employment in affected areas The spirit and the letter of
   7  the statutes and regulations require agencies to protect a community's ~vay of
   8  life-the delicate fabric holding families together-as well as a cormnurnty's
   9  economic base, before taking actions that might prove harmful This
10    comprehensive plan refers to the federal agency's obligation in terms of
I I   protecting and preserving the corninunity's econornic base as either `economic
12    stability or cornrnunity stability."
13

14    SISKIYOU COUNTY& THE NATIONAL ENVIRONMENTAL POLICYACT:
Is
16    The NEPA is the basic national charter requiring consideration of the
17    environment. It establishes policies, sets goals, and provides the means for
18    carrying out policies and attaining goals. NEPA is extremely important to coun~-
19    governments. ~~hlle it is a federal la~v, each State is expected to assist in
20    implementation of NEPA. Under the concept of "federalism", states and local
21    governments can develop their own enviromnental plans under NBPA.
22

23    NEPA: Congressional Declaration of Policy
24
25    Public land and resource agencies are required to carry out the mandates of
26    NEPA within Siskiyou County. This requires that these federal agencies consulz,
27    coordinate and jointly conduct environmental studies, plans, reviews and
28    hearings with Siskiyou County's Environmental Plan.
29
30    As the umbrella environmental law, NEPA declares:
31
32         "...that it is the continuing policy of the Federal Government, in
33         cooperation with State and local governments, g14     use all
34         practicable means, consistent with other essential considerations of
`35        national policy, to irnprove and coordinate Federal plans, functions,
36         prograi~~, and resources to the end that the Nation may- ~ ...assure
37         for all Americans safe, healthful, productive and aesthetically and
38         culturally pleasing surroundings;"6 and "...preserve ~portant Iiistori~
39         cultural, and natural aspects of our national heritage, and maintain,
40         wherever possible, an environment which supports diversity and variety
41         of individual choice."7 [Emphasis added]
42


      ~4O ~FR ~ 1$02.14(F),1s02.16(H),1508.20
      442U5c4331(a)
      ~42 usc 4331w)
      6
      42 usc 433,1 (1,)(2)
      7
      42 usc 4331~)(4)


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                     Siskiyou County Comprehensive Land & Resource Management Plan
              February 1996                                             page 13

           l  NEPA: Protection of Culture & Custom

           3  NEPA not OfllY requires that the federal government consider the impacts of its
           4  actions on the environment1 but it also requires federal agencies to preserve
           5  culture and heritage. NEPA states that cooperation and coordination will occur
           6  with t1locaI governments," and that the culturally pleasing surroundings and
           7  cultural aspects of community will be preserved so as to support diversity and
           8  variety of indi\Tidual cVYoice.
           9
        10    Each county under NEPA must deterrnine and define its local custom and
        I I   culture and then act to protect them. Siskiyou County has defined its custom
        12    and culture. Once a county government has identified and defined its custom
        13    and culture1 it must inform the federal agencies of the definition and request
        14    that custom and culture be preserved under NEPA. State agencies should also be
        15    informed and requested to comply, accordingly.
        16

        17    Mandate to Federal Agencies Under NEPA
        18
        19    NEPA mandates specific performance requirements which are crucial to the
        20    Siskiyou County Comprehensive Plan:
        21
4
        22        all agencies of the Federal Government shall...(C) include in every
        23        reconimendation or report on proposals for legislation and other major
        24        Federal actions significantly affecting the quality of the human
        2S        environment, a detailed statement by the responsible official on...
        26
        27               (i) the environmental impact of the proposed action
        28
        29               (ii) any adverse environmental effects which cani~ot be avoided
        30                 should the proposal be implemented;
        31
        32               (lii) alternatives to the proposed action;
        33
        34               (iv) the relationship between short-term uses of rnan's
        35                 environment and the maintenance and enhancement of long-
        36                 term productivity; and
        37
        38               (v) any iireversible and irretnevable corrirnitments of resources
        39
                           which would be involved in the proposed action should it be
        40                 implemented.
        41
        42    A significant element of (i) above is the cumulative effects or impacts:
        43
        44        Cumulative impacts can result from individually minor but collectively
        45        significant actions taking place over a time period8 ... Effects include
        46        ...historic cultural, economic, social or health, whether direct1 indirect or
        47        cumulative.9

              84OCFR§ 1S086.


PAGE 14 Show Image
              Siskiyou County Compretiensive Land & kesource Management Plan
      February 1996                                                        page 14


   2  in addition, means of Initigation1 (reducing the negative impacts) shaU be
   3  detailed and provide realistic alternatives'0 In order to develop realistic
   4  mitigation plans and alternatives, it is necessary to coordinate with local
   5  government officials to adequately identify1 at a minirnum, the fiscal
   6  relationships between federal agencies and local governments. ldentifving
   7  miti~ation alternatives in a coordinated way between Siskiyou County
   8  Supervisors and federal agencies is the kev element to achieving consistency
   9  between the Siskiyou County Plan and federal agency Dlans
I0
I 1   FURTHERMoRE, NEPA REQUIRES:
12
13    Prior to making any detailed statement, the responsible federal official snaIl
14    consult with and obtain tne cornrnents of any Federal agency wLiich has
15    jurisdiction by law or special expertise with respect to any environmental
16    impact involved. Copies of such statement and the comments and view of the
17    appropriate Federal, State1 and local agencies1 which are authorized to develop
18    and enforce environmental standards, shall be made available to the President
19    the Council on Environmental Quality and to the public as provided by section
20    6S2 of title S~ and shall accompany the proposal through the existing agency
21    rC\FICW processes;
22
23    (G) Make available to States, counties, municipalities, institutions, and
24    individuals, advice and information useful in restoring, maintaining, and
25    enhancing the quality of the environment'
26
27    Sisidyou County should be alerted to any federal proposals, plans, legislation, or
28    other federal actions that fall under the prevue of this plan and request, when
29    necessary, that an environmental inipact statement be prepared, if one is not
30    otherwise prepared, by the involved federal agency.
31
32    The President, the federal agencies1 and the courts share responsibility for
33    ehforcing the Act so as to achieve the substantive (pertaining to NEPA
34    substance] requirements..12 A major oi~ective of the NEPA regulations is:
35
36         (13) Emphasizing cooperative consultation among agencies before the
37         environmental linpact statement is prepared rather than submission of
38         adversary comments on a completed document.'3
39

40    NEPA requires agendes to circulate both the draft and final environmental
41    impact statements, except for certain appendices and unaltered statements, to
42    appropriate Federal, State, and local agencies authorized to develop and enforce
43    environmental standards.
44


      `0ibid at 19
      II 42 USC 4332(2)(C)(i)-(v) and (2)(G).
      1240 ~FR 1.SOO (a)
      1340 CFR 15O~.1 (b)
      `~4O cFR 1SO2.19(a)


PAGE 15 Show Image
             Siskiyou County Comprehensive Land & Resource Management Plan
     February 1996                                            page 15

   I Joint Environmental Planning:
   2
   3 NEPA provides the following guidelines for federal coordination with county
   4 governrnents to integrate federal environmental plans with local planning
   5 processes:
   6
   7       (b) Agencies stall cooperate witLi State and local agencies to the fullest
   8       extent possible to reduce duplication between NEPA and State and local
   9       requirements, unless the agencies are specifically barred from doing so
10         by some other law. Except for cases covered by paragraph (a) of this
I l        section1 such cooperation shall1 to the fullest extent possible, include:
12
13                (1) Joint planning processes;
14                (2) Joint environmental research and studies;
`5                (3) Joint public hearings (except where otherwise provided by
16                statute); and
17                (4) Joint environmental assessments.
Is
19         (c) Agencies shall cooperate with State and local agencies to tLie fullest
20         extent possible to reduce duplication between NEPA and comparable
2 1        State and local requirements1 unless t~e agencies are specifically barred
22         from doing so by some other law...such cooperation shall to the fullest
23         extent possible include joint environmental impact statements. In such
24         cases, one or more Federal agencies and one or more State or local
25         agencies shall be joint lead agencies. Where State laws or local
26         ordinances have environmental impact statement requirements m
27         addition to...those in NEPA, Federal agencies shall cooperate in
28         f[llfimng these requirements as well as those of Federal laws so that
29         one document will comply with all applicable laws.
30
3 1        (d) To better integrate environmental impact statements into State or
32         local planning processes, statements shall discuss any inconsistency of a
33         proposed action with any approved State or local plan arid laws, (whether
34         or not federally sanctioned). Where an inconsistency exists, the
35         statement should describe the extent to which the agency would
36         reconcile its proposed action with the plan or law. `~
37
38   The NEPA process is intended to help public officials make decisions that are
39   based on environmental consequences, arid that take actions to protect1 restore,
40   and enhance the environment arid preserve local custom and cu1tur~ NEPA and
41   the implementing CEQregulatiozis require all federal agencies to coordinate
42   with county governments as outlined above County govenii~eiits can. always
43   resort to use of the NEPA process regardless of the federal agency, law,
44   program, or,action involves Significantly, peruflent federal agencies (e.g., US
45   Forest Service, US Bureau of Land Management, US Fish and Wildlife Service,
46   and US Pare Service) are mandated in a wide range of laws to comply with
47 . NEPAL Accordingly, the Council on Environmental QualiW has promulgated
48   regulations to guide federal agencies through the NEPA process.
49


PAGE 16 Show Image
               Siskiyou County Comprehensive Land & Resoufce Management Plan
      February 1996                                                 page 16


   I  Four major fed~raI statutes-tee NEPA, the Intergovernmental Cooperation Act
   2  (ICA)1 the National Forest Management Act (NF~t~)1 and the Federal Land Pohcy
      and Management Act (FLP~)-mandate intergo~'erninental coordination and
   4  cooperation~ especially where local and State governments can be or are
   S  affected by federal agency decisions. Furthermore~ these federal statutes
   6  mandate resource allocation decisions and land uses on public lands must be
   7  made through a comprehensive public planning process. The complex mt\ture
   8  of data collection, analysis of impacts, re\qew of alternatives and
   9  implementation of strategies includes ~~tensive public revie~\ and in\~olvement
   0  by county government.
II

12    The Intergovernmental Cooperation Act:
13
14    In addition to NEPA1 the ICA requires federal agencies to coordinate and re~ew
is.   with State and local governments1 federal government programs and project
16    plans. ICA:
17
is         ...provides opportunities for strengthening the consultation and
19         coordination between federal1 local and State governments through
20         coordination and review of proposed federal assistance and direct
21         federal development programs.'6
22
23    Furthermore, the President of the United States issued Executive Order 12372. It
24    requires federal agencies to coordinate with State and local governments. I~
25    requires federal agencies to comply with State processes for intergovernmental
26    review and coordination of federal programs and actions.
27

28    Executive Order 12372 states:
29
30         Section 1. Federal agencies shall provide opportunities for consultation
3 1            by elected officials of those State and local governments that would
32             provide the non-federal funds for or that would be directly affected
33             by proposed federal financial assistance or direct federal
34             development.
35
36         Section 2.
37
38         (a) ...federal agencies shall to the extent perinitted by law:...detennine
39             offidal views of State and local elected officials.
40
41         (13) Communicate with State and local elected officials as early in the
42             program plug cycle as is reasonably feasible to explain specific
43             plans and actions.
44
45         (c) Make efforts to accommodate State and local elected officials'
46            -.* concerns with proposed federal financial assistance and direct
47             federal development...wliere the concerns cannot be accorninodated,

      16
       Intergovernmental Cooperation Act1 § 401 and 3 USC § 301


PAGE 17 Show Image
              Slskiyou County Comprehensive Land & Resource Management Plan
      February 1996                                               page 17

   I            federal officials stall explain the basis for their decisions in a tirnel~
   2            mariner.
   3
   4        Section 3. (a) The State process referred to in Section 2 shall include
   5            those where States designate1 in specific instances to local elected
   6            officials the review, coordination, and conrrnumcation ~~th federal
   7            agencies.
   8
   9  It should be noted that under ICA and t~e L\'ecutive Order 12372, the revie~\
10    body has the unique authority to appeal federal decisions directly to the US
I 1   Secretaries of Agriculture and Interior departments. At present1 only these
12    government entities can appeal federal land decisions and plans directly to
13    these cabinet heads. Furthermore, under the new federal appeals process, the
14    general public and special interest groups will not be afforded liberal appeals as
15    in the past; only the Executive Order 1237? ICA organizations TAll have the
16    unique appeal access to these cabinet heads.
17

18    US Forest Service Land & Resource Planning/NEPA Processes:
19
20    Laws require the US Forest Service (USFS) to cooperate and coordinate with
21    Siskiyou County government in its planmng processes. The discussion belo~~
22    highlights the major policies of the Forest Service.
23
24    The Multiple Use and Sustained Yield Act of 1960 directs the Secretary of
25    Agnculture "to develop and administer the renewable surface resources of the
26    national forests for multiple use and sustained yield of the several products
27    and services obtained therefrom."'7 The Act authorizes the Secreta~~ of
28    Agriculture "to cooperate with interested State and local governmental agencies
29    and others in the development and management of the national forests."'8 The
30    Forest and Rangeland Renewable Resources Planrirng Act of 1974 (RPA)
31    strengthens the opportunity for county input. In Section 3, the RPA recognizes
32    the iniportance of renewable forest and range resources, and directs the
33    Secretary of Agriculture to prepare a Renewable Resource Assessment. The RPA
34    elevates the relationship between the USFS and county governtnents from one
35    of cooperation to one of coordination with the following requirement:
36
37          6(a) As a part of the Program provided fo r by section 3 of this Act1 the
38            Secretary of Agiiculture shall develop1 maintain, and1 as appropriate,
39            revise land and resource management plans for units of the National
40            Forest System, coordiflated with the land and resource management
41            plan~g processes of State and local governments and other
42            Federal agencies. 19 [~~phasis added]
43
44    The RPA was extensively amended by the National Forest Management Act of
45    1976. Significantly1 Section 6(a) of the RPA, quoted above, was not amended
46 . The National Forest Management Act requires that each plan developed "be
47    revised (A) from tirne to time when the Secretary finds conditions in a unit have

      17 16 USC 529
      181~TT~C~~fl


PAGE 18 Show Image
              SI~kIyou County Comprehensive Land & Resource Management Plan
      February 1996                                               page 18


   1  sigrufican~~ chauged, but at least every fifteen years. `0 It u~ust coordinate land
   2  use planning efforts with those of county governments under this Act and
   ~  through the NEPA process:
   4

   S       The resulting plans shall provide for multiple use and sustained yield of
   6       goods and services from the National Forest System in a way that
   7       maximizes long-term net public benefits in an environmentally sound
   8       manner.
   9
10         (b) Plans guide all natural resource management acti~ties and establish
11            management standards and guidelines for the National Forest System.
12            They determine resource management practices, levels of resource
13            production and management, and tbe availability and suitability of
14            lands for resource management. Regional and forest planning will be
is            based on the follo~ving principles:
16
17               (S) Preservation of important historic, cultural, and natural
18                  aspects of our national heritage;
19
20               (9) Coordination witi' the land and resource planning efforts of
21                  other Federal agencies, State and local governments, and
22                  Indian tribes;
23
24               (13) Management of National Forest System lands in a manner that
25                  is sensitive to econoniic efficiency; and
26
27               (14) Responsiveness to changing conditions of land and other
28                  resources and to changing social and economic demands of
29                  tIle American people.21 [Emphasis added]
30
3 1   Specific requirements for accomplishing the purposes of planning coordination
32    ~vith county governments are provided as follows:
33
34         (a) the responsible line officer shall coordinate regional and forest
35            planning with the equivalent and related plannmg efforts of other
36            Federal agencies, State and local governments, and Indian tribes.
37            [Emphasis added]
38
39         (c) The responsible line officer shall review the plan~~g and land use
40            policies of other Federal agendes, State and local governments, and
4'            Indian tribes. The results of this review shall be displayed in the
42            erivironmental irnpact statement for the plan (40 CFR 1502.16(c),
43            1506.2).
44
45    us Bureau of Land Management Land & Resource Planning/NEPA
46    Processes:
47


      20 16 USC 1604(f)(S)
      21 36 CFR 2 19. 1(a),~)(S),(9),(13),(14)


PAGE 19 Show Image
               Siskiyou County Comprehensive Land & Resource Management Plan
       February 1996                                             page 19

   l   The guiding statute for t~e Bureau of Land Management (BLM) to administer
   2   public lands is the Federal Land Policy and Management Act of 1976. ThQ
   3   statute defines the term public lands" as any land and interest in land o~rned
   4   by the United States within the several States and administered by the Secreta~
   S   of the Interior through the Bureau of Land Management, without regard to how
   6   the United States acquired ownership, except: (1) lands located on the Outer
   7   Continental Shelf; and (2) lands held for the benefit of Indians, Aleuts, and
   8   Eskimos. FLPMA specifically requires the BLM to prepare land use plans:
   9
10     (a) The Secretary shall1 with public involvement and consistent with the terms
1 l    and conditions of this Act1 develop1 maintain, andg when appropriate, review
12     land use plans which provide by tracts or areas for the use of the public lands
13     Land use plans shall be developed for the public lands regardless of whether
14     such lands previously have been classified~ withdrawn, set aside1 or othenvise
15     designated for one or more uses. 2'
16
17     It is significant to note that FLPMA provides explicit directives for the BLM to
is     coordinate public land use planning with county governments, and to ensure
19     that federal land use plans are consistent with local plans to the maximum
20     extent possible. The statute details the BLM's mandate as follows:
21
22          (c) In the development and revision of land use plans, the Secretary
23          shall-
24
25               (9) ...to the extent consistent with the laws governing the
26                   administration of the public lands1 coordinate the land use
27                   inventory, planning1 and management activities of or for
28                   such lands with the land use planning and management
29                   programs of other Federal departments and agencies and of
30                   the State and local goverrirnents within which the lands are
3 1                  located1 including1 but not luni~ted to, the statewide outdoor
32                   recreation plans developed under the Act of September 3,
33                   1964 (78 Stat. 897), as amended, and of or for Indian tribes
34                   by, among other things, considering the policies of approved
35                   State and tribal land resource management programs. In
36                   implementing this directive, the Secretary shall1 to the extent
37                   he finds practical, keep apprised of State, local, and tribal
38                   land use plans; assure that consideration is given to those
39                   State, local, and tribal plans that are germane in the
40                   developinent of land use plans for public lands; assist in.
41                   resolving, to the ~~ent practical, inconsistencies between
42                   Federal arid nori~Federal Govemment plans, and shali
43                   provide for meanmgful public involvement of State and
44     .             locai government officials, both elected and appointed, in
45          .    .   the development of land use programs, land use. regulations,
46
                     and land use decisions for public lands, including early
47
                     public notice of proposed decisions which may have a
48            *      significant impact on non-Federal lands. Such officials in
49                   each State are authorized to funnish advice to the Secretary
so                   with respect to the development and revision of land use


PAGE 20 Show Image
                Siskiyou County Compekensive Land & Resource Management Plan
      February 1996                                                 page 20


                       plans, laud use guidelinQs1 land use rules, and land use
   2                   regulations for the public lands `vithin such State and ~vitli
                       respect to such otter land use matters as may be referred to
   4                   tbem by iijm. ~nd use plans of the Secretary under this
   S                   section shaU be consistent witli State and local plans to the
   6                   maximum extent he finds consistent with Federal la~v and the
   7                   purposes of this Act
   S
   9  (f) The Secretary shall allow an opportunity for public involvement and by
10    regulation shall establish procedures, including public hearings where
I I   appropriate1 to give Federal¶ State1 and local governments and the public1
12    adequate notice and opportunity to comment upon and participate in the
13    formulation of plans and programs relating to the management of the public
14    lands.23 [Emphasis added]
Is
16    Both the Forest Service and the BLM regulations require coordination and
17    consistency with State and local governments. The requirements pertain to both
18    long-range plans (e.g.1 forest plans) as well as coordination and consistency \\rith
19    county governments in plan implementation; that is1 project planning and
20    development.
21

22    SISKIYOU COUNTY ENVIRONMENTAL PLANNING & REVIEW:
23

24    Purpose ofthe Environniental Review Plan
25
26    Under NEPA guidelines1 Siskiyou County shall establish and implement
27    environmental review to protect the resources for future generations as well as
28    protect the economic and community~ customs1 customs usages and cultures,
29    stability for present and future generations. The plamung process is designed
30    for early detection and mitigation of possible negative impacts of proposed
3 1   State or federal decisions on resources in Siskiyou County, and on the custom,
32    culture arid the economy of the citizens of Siskiyou County. To carry out this
33    plan, coordination between federal and State agencies and Siskiyou County is
34    important.
35

36    Intergovernmental Coordination
37
38    Federal statutes and Presidential executive orders provide the framework for
39    coordinated planmn~g between Siskiyou Countyg State and federal agendes.
40    Federal statutes and regulations require these agendes to coordinate ~vith local
4 l   governments in the jnitial plainrug stages.24 They also require that federal
42    agencies work in close consultation when there are changes in their federal
43   *~resource plans. To date, such coordinauon has not happened in a coordinated
44    or consiste  way.
45

      2343 ~ 1712(c)(9),(f)
      24
       16 usc § 1604 ~6O4 a, and 43 cr~ § 1601.O-S,c,e


PAGE 21 Show Image
              Siskiyou County Comprehensive Land & Resource Management Plan
      February 1996                                             page 21

   l  In addition, the Intergovernmental Cooperation Act (42 USC §423 1) specifies
   2  coordinated plaruiing requirements between local1 State and federal agencies.
   3  Under ICA1 t~e Presidential Executive Order 12372 further mandates teat
   4  federal agencies coordinate federal actions and projects with local
   5  governments, especially when federal projects impact local governments.
   6

   7  Plan Elenients For EnviroRmental Review
   8
   9  The Major elements of Siskiyou County Environmental review shall be:
l0
I l        A. Coordinated Environmental Planning and Review
12         B. Environmental Assessment (Social and Economic)
13         C. Impacts on Private Property Rights
14         D. Cumulative Effects
I S        E. Mitigation Plans
16
17    Siskiyou Count economy is dependent upon federal and State-managed lands
I 8   to a large extent. It is, therefore, necessary that county, State and federal
19    agencies and regulatory entities work closely to determine the effects of
20    resource plans and decisions. By pooling local, State and federal resources, the
2 1   general public will be better informed about resource decisions and the process
22    will provide an unique opportunity to cooperatively develop realistic mitigation
23    alternatives to reducing negative environmental, social and economic trflpacts.
24
25    NEPA provides the legal framework for intergovernmental coordination:25
26
27         1. Joint environmental planning approach
28         2. Jdint environmental research
29         3. Joint public hearings
30         4. Joint preparation of environmental documents
3 1        5. Cumulative effects
32    6. Joint mitigation planning to include:
33                 realistic alternatives
34               . detailed alternatives
35
36    Sisk~you County Supervisors shall promulgate environmental review to protect
37    natural resources, stabffize the economy, and protect the custom, culture
38    usages and social resources arid property rights of the people of Sishyou
39    County.

40    California Environmental Quality Act
41    Ml applicable portions shall be applied.

42    California Adininistrative Act
43    The California AdmInistrative Procedures Act mandates any state agency that
44    proposes to impose a new rule, order or regulation, or proposes to change any
45    existing Ili1e1 order or regulation, upon Siskiyou County or its atizens, to first
46    consider all reasonable alternatives and create a formal "...statement that no


PAGE 22 Show Image
               Siskiyou County Comprehensive Land & esourne Management Plan
      Feb~ua~ 1996                                                       page 22


   I  alternative considered by t~e agency would be more effective in carrying out
   2  the purpose for which the regulation is proposed or would be as effective or
   3  less burdensome to affected private persons than t~e proposed reguIation~'
   4  This Act clearly shows tfie California Legislaturets intent that its agencies
   S  carefully consider the customs1 culture and econornics of California citizens
   6  during the process of consideration and adoption of new or changed rules,
   7  orders and/or regulations in Siskiyou County.
   S
   9  California Administrative Procedures Act
10    1)cflnitions
I l   Section 1 1342. In this chapter unless othe~vise specifically indicated:
12       (b) "Regulation11 means every rule, regulation, order, or standard of general
13    application or the amendment, supplement or re~sion of any such rule,
14    regulation, order or standard adopted by any state agency to implement,
is    interpret, or make specific the law enforced or administered by it, or to govern
16    its procedure, except one which relates only to the internal management of the
17    state agency....
18
19    Statement ofReasoris forAdoption orAmendmen(; Specific technology or
20    Equiptiieut; Alternatives
21
22    Section 11346.14. The initial statement required by Section 11346.7 shall also
23    include, but not be limited to, the following:
24       (a) Where the adoption or amendment of a regulation would mandate the
25    use of specific technologies or equipment, a statement of the reason why the
26    agency believes such mandates or prescriptive standards are required.
27       (b) A description of the alternatives to the regulation considered by the
28    agency and the agency's reasons for rejecting those alternatives, and a
29    statement that no alternative considered by the agency would be more effective
30    in carrymg out the purpose for which the regulation is proposed or would be as
3 1   effective or less burdensome to affected private persons than the proposed
32    regulation. In the case of a regulation which would mandate the use of specific
33    technologies or equipment or prescribe specific actions or procedures, the
34    imposition of performance standards shall be considered as an alternative.
35       Any statutory reference to Section 11346.7 shall be construed to also be a
36    reference to this section.
37
38    Notice ofProposed Action; Mailing; Delivery; Publication, Effecttve Penod; Notice
39    ofAdoption, Amendment or Repeal after Completion and Approval; California
40    Requlatoty Register
4'
42    Section 11346.4. (a) At least 45 days prior to the hearing and dose of the
43    public comment period on the adoption, amendment, or repeal of a regulation,
44    notice of the proposed action shall be:
4S       (1) Mailed to every person who has filed a request for notice of regulatory
46    actions with the state agency.
47
48    Express Te:jis ofproposed Action, List ofsmall Business Enterprises and Initial
49    Statement ofReasons; Availability to Public; Final Statement ofReasons and
50    Updated Informative Digest; Adoption or Amendment ofFederal Regulations
51


PAGE 23 Show Image
              Slsklyou County Comprehensive Land & Resource Management Plan
      February 1996                                              page 23

   1  Section 1 1346.7. Every agency subject to this chapter shall;
   2    (a) Prepare1 submit to the office ~~rith the notice of the proposed actionq and
   3  make available to the public upon request, a cope' of the express terms of the
   4  proposed action as described in subdivision (b) of Section 1 1346.S1 a list of the
   5  small business enterprises or their representatives to whom the notice of
   6  adoption1 amendment1 or repeal of a regulation will be mailed and an initial
   7  statement of reasons for proposing the adoption1 amendment1 or repeal of a
   8  regulation. The statement shall include, but not be limited to, all of the
   9  folIo~ving:
10      (~) A description of the public problem, administrative requirement1 or
l I   other condition or circumstance that each adoption, amendment1 or repeal is
12    intended to address.
13      (2) A statement of the specific purpose of each adoption1 amendment1 or
14    repeal and the rationale for the deterimnation by the agency that each
15    adoption, ainendment, or repeal is reasonably necessary to carry out the
16    purpose for which it is proposed.
17      (3) An identification of each technical1 theoretical1 and empincal study,
18    report, or similar document, if any, on which the agency is relymg in proposing
19    the adoption, amendment, or repeal of a regulation.
20      (4) A description of any alternatives the agency' has identified that would
21    lessen any adverse impact on small businesses. It is not the intent of this
22    subdivision to require the agency to artificially construct alternatives or to
23    justify why it has not identified alternatives.
24
25      (b) Prepare and submit to the office ~vith the adopted regulation a final
26    statement of reasons whicli shall include all of the following:
27      (3) A summary of each objection or recommendation made regarding the
28    specific adoption, amendment, or repeal proposed, together with an
29    explanation of how the proposed action has been changed to accornmodate
30    each objection or recommendation, or the reasons for making no change. This
3 1   requirement applies only to objections or recommendations specifically
32    directed at the agency's proposed action or to the procedures followed by the
33    agency in proposing or adopting the action.
34      (4) A deterinination with supporting information that no alternative
35    considered by the agency would be more effective in carrymg out the purpose
36    for which the regulation is proposed or would be as effective and less
37    burdensome to affected private persons than the adopted regulation
38      (5) An explanation setting forth the reasons for rejecting any proposed
39    alternatives that would lessen the adverse economic impact on small
40    businesses.
41
42
43
44


PAGE 24 Show Image
              SI~kIy~u County Comprehensive Land & Resource Management Plafi
      February 1996                                                page 24


   I                        Appendix 2 Custom ~ Culture
   2
   )  Culture is an outgrowth of the natural environment. PeopI~ respond to specific
   4  envirorunental force in a manner that en\'ironmental forces produce a material
   5  way of living as a way subjected to it ~ produces ~vays to overcome natural
   6  obstacles. Cultures evolve as different ways of meeting the same problem1 such
   7  as developing or producing a salable product to be exchanged for raw material
   8  or products not avai~ble locally.
   9
10    A cu~ure consists not of people but of ways people in a given environment act
I I   Culture is the integrated system of learned behavior patterns it is non-
12    instinctive. Standards of rightness and ~~rrongness (value) and of usages and
13    effectiveness (customs) are relative to the given culture.
14
Is    Relating to custom and culture1 NEPA requires:
16          It is the continuing responsibility of the Federal Goverrrrnent to use all
17          practical means1 consistent with other essential considerations of
18          national policy1 to improve and coordinate Federal plans, functions,
19          programs, and resources to the end that the Nation may-
20                 (2) assure for all Ainencans safe, healthful, productive and
21                    aesthetically and culturally pleasing surroundings,...
22                 (4) preserve important historic, cultural and natural aspects of
23                    our national heritage and maintain, wherever possible, an
24                    environment which supports diversity and variety of individual
25                    choice
26    Culture1 as used in NBPA¶ is defined as:
27
28          The body of "customary beliefs, social forms, and material traits
29          constituting a distinct complex of tradition of a racial, religious or social
30          group"-that compl~~ whole that includes knowledge, belief, morals, law,
31          customs1 opinions, religion1 superstition and art.1'
32
33    As stated in the above deftnition, culture includes custom.
34
35    Custom is defined by Black's Law Dictionary as:
36          "A usage or practice of the people, which by common adoption and
37          acquiescence, and by long and unvary'ng habit, has become compulsory,
38          and has acquired the force of a law with respect to the place or subject-
39          matter to which it relates...An habitual or customary practice, more or
40          less widespread, which prevails within a geographic or sociological ares
41
42    Custom1 as used in the context of the Comprehensive Plan, refers to land or
43    resource usages and practices that have ,, acquired the force of a tacit and
44    common consent". Such land uses and practices, livestock grazing, logging,
45    farmirig, mining, recreation and hunting, to mention just a few, are concrete,
46    readily identifiable and are the foundation of Siskiyou County's economy.
47
48    Culture is/a people's identity and the foundation upon which political society
49    and an economy are built. The people of Siskiyou County are unique products
50    of the complex web of land and resource uses and practices; values and beliefs
5 1   that nurture their communities, sustain their economies, empower their local


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              Siskiyou County Comprehensive Land & Resource Management Plan
      February 1996                                                    page 25

   I  government and give form and shape to their spiritual and physical
   2  efl~ronments.

   4  The importance of custom and culture resides ultimately in the principle of
   5  commurnty stability. Community stability is equated to economic stability the
   6  condition under which communities can chanqe, adaptf and develop by the
   7  dictates ofcustorn and culture rather than by the conirnands ofoutside groups
   8  and govemnients. Community stability entails an en~ronment where people
   9  and their customs and cultures are left to their own democratic means; where
10    eve~7 community is the arbiter of its own survival; where people1 subject only
I I   to the rule of nature and free markets, are masters of their own destinies.
12
13    Ob\~ously, community stability depends on the right of people and
14    commumties to pursue and protect the custom and culture most essential to
I 5   their ~vell-being and most suited to their personal visions. Public policies that
16    injure or dirninish custom and culture by injecting elements of outside control,
1 7   (whether intended to be beneficial e.g. subsidies, or invasive and destructive
18    e.g. regulations,) are ultimately disruptive of community stability. Such policies
19    take away from local people the degree of independence, political integrity,
20    economic discretion and responsiveness necessary to retain a way of life
21    commensurate ~vith custom and culture. In Siskiyou County, federal and State
22    land or resource laws and regulations have disrupted community stability by
23    denying both ~cal government and local citizens their legal sovereignty in
24    matters of local land or resource use.
25
26    For these reasons, the people of Siskiyou County have concluded that a proper
27    goal of comprehensive land and resource use planning is to ensure community
28    stability. In an environment where private lands are increasingly subject to
29    arbitrary federal and State control, and where federal and State properties
30    comprise an overwhelming majority of the county's land base, that goal can
3 l   best be achieved by empowerment; by protecting the integnty of property
32    rights, and independence of every citizen; and by making custom and culture
33    an issue of local rather than national consensus. A planrdflg strategy based on
34    these assumptions is attainable only by allowing the people who use and live
35    upon the land to participate and make the crucial decisions that deternnne
36    their welfare and the welfare of the environment at large. No plan can, or for
37    that matter should isolate or protect community stability and custom and culture
38    from the force ofchange in response to nature and the free markets. This plan
39    should, and does, insulate Siskiyou County from the abuses sterririung from
40    national and State public p6licy and from the actions of those whose ambitions
4 1   are directed at denying individual and local self~etermination. Such abusive
42    practices and policies constitute cultural genocide.
43
44    There is one last aspect of custom, culture and community stability that is
45    essential to the goal of the comprehensive pl~ A peoples' custom and culture
46    and the economic stabffity of their community is not only a political and moral
47    issue of great import, but it is also an obligation placed upon the federal
48    governmen[t and the State through collaborative agreements by law and
49    regulation. The federal government is constrained by specific statutes and
50    associated regulations from adversely impacting custom, culture and
51    community stability in Siskiyou County or in any county in the United States.


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             Siskiyou County Comprehensive Land & Resoufce Management Plan
      Febfuary 1996                                            page 26


   1  In £ac~ t~Q Policy of ttie federal government, from the establisLiment of forest
   2  reserves iu Siskiyou County, to t~e passage of tile National Forest Management
   3  Act and tfie Federal Land Policy and Management Act1 to t~e passage of the
   4  National Environmental Policy Act of 1969, has repeatedly asserted the rights of
   S  local coulmunities1 the inviolability of custom and culture, and the key
   6  consideration of community stability in the promulgation of land and resource
   7  use laws, regulations, and policies.
   8

   9  Identification and Recognition of Customs and Culture
10
I 1   Defi~tions of culture and customs, as previously described1 can be used to
12    identify and permit recognition of Siskiyou Count customs and culture1 as
13    illustrated by the following examples. By design this is an evolving process.
14
15    It is recornrnended that interested individuals work together to identify
16    customs and culture in a written manner as presented here. It is anticipated
17    that timber1 `nining and recreation groups be formed to identify their specific
l 8   activities and practices. Federally recognized Native Arnencan groups are
19    considered separate entities by the governrnent1 and hence their specific
20    customs and culture are best addressed through their organizations.
21

22    Overview and Defining of Customs and Culture
23
24    Traditionally, Siskiyou County citizens have suvvived, and supported farces
25    and communities, around the primary economic activities of land and natural
26    resource development, including, but not limited to1 ranching, farmirig, timber
27    harvesting, mirieral recovery, tourism and recreation. Naturally1 the use of our
28    water resources play a vital role in these activities, along with other domestic
29    and commercial usages. Access to lands and resources within Siskiyou County
30    through highways, roads1 trails and other types of rights-of-ways are also
3 1   extremely important to these economic activities and others, as well as the
32    traditional way of conducting sodal customs and cultural activities within the
33    county. Therefore1 historical infonnation on each of these very important
34    traditional uses of ranchirig1 farrningf timber, mirieral recovery, tourism and
35    recreation, water and transportation withiii Siskiyou county is provided. The
36    purpose is to show that these and other important usages do exist and have a
37    long and established tradition within SisIayou County, and are vitally linportant
38    m the cultural and economic well-being and security of the dtizens and
39    communities which make up Siskiyou County
40
41    In no way do these simple historical essays convey the complete history of
42    these important usages in Sislayou County, and they barely touch upon the
43    important and weWestablished customs and cultures which have formed
44    around these and other activities. Furthermore, it is important to make it very
45 . dear that this document is not intended to cover every custom, cultural, or
46    economic~c~tivity and/or traditional usage of land and natural resources within
47    Siskiyou County.
48


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              Siskiyou County Comprehensive Land & Resource Management Plan
      February 1996                                                page 27

   I  [t is also vera' important to point out that future usages of these vera,' sam
   2  resources1 and others, are just as important, or even more Lrnportant to
   )  Siskiyou County, than present and past usages as covered here. In order fo o'er
   4  citizens to feel secure in our livelihoods, to promote cultural and econorm~c
   5  well-being and community stability, we MUST also be assured that continu~d
   6  access to, and sustainable development of, these important resources, anc
   7  others, ~vill be readily available to Siskiyou County citizens.
   S
   9  Projected future land and resource uses are not specifically covered in this
10    document; they are recognized as evolving from historical uses and complianz
1 1   with present and future residents. In fact, future access to the land and
12    resources are of primary importance to the security, stabiliW, economic and
13    cultural well-being of our citizens. For ~\`ample, miners must know that, as
14    technologies improve and new mineral reserves are located, that ~ge `vill have
15    access to make reasonable development of these resources. Farmers and
16    ranchers must feel secure that they will~be allowed to farm and ranch. Timber
17    and mill workers must feel secure that they will have reasonable access to
is    timber resources which will provide a sustainable yield. Tourism and recreation
19    enterpnses must feel secure that access to the public lands ~~ill not be hindered
20    without good reason. Siskiyou County citizens must feel cornfortable that their
2 l   water resources, and free access to the public lands and their traditional u~aue
22    of natural resources within Siskiyou County will not be taken away ~vithout a
23    thorough evaluation pf the consequences, and without fair compensation paid
24    to those who will sustain a loss of their property and/or their traditional rneai'~
25    of creating a livelihood. Failure to consider and accommodate continuinu ~~ter-
26    dependent relationships between Siskiyou County citizens and their land and
27    natural resources would result in underrnining the complete cultural well-being
28    of its citizens.
29
30


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               SI~kly~u County Comprehensive Land & Resource Management Plan
      February 1996                                                                page 2o


   1      Appendix 3 Customs and Culture             Mining in Siskiyou County
   2
      The extraction of minerals from the earth's -crust for man's use has been a practice since
   4  the beginning of~itten history. Extraction ofresources has played an important part in
   S  the development ofthe customs, culture, and usage in Siskiyou County  Gold is the
   6  mineral which has been mined Siskiyou County with the greatest economic impact on the
   7  County. Other minerals and extractive resources have been mined in the County, but no~
   S  with th~ intensity that gold has been mined. Mining districts were fd~ed and still exist
   9  throughout the county.
10
l I   Lindsay Applegate in 1 849 mined for a few days at the headwaters of the Scott River.
12    That same year James Abrams discovered gold in Cecilville, on the South Fork of the
I 3   Salmon River. Gold was also discovered on the Klamath River, Shasta River, Yreka
14    Creek, and Greenhorn Creek. The ground was so rich on McAdams and Cherry Creeks in
15    the Deadwood District that it was mined over six times. Min[ing districts and claims were
16    forrned throughout the western halfofthe County.
17
18    Each ofthese mining districts had its own set ofregulations for governing claims `~There
19    were no well-developed American mining codes before the gold rush, but in Europe,
20    South America, and Mexico, a body ofordinances had evolved through centuries of
2 1   experience in regulating mining practices. It was these ordinances brought primarily by
22    English and Latin-American gold seekers that provided the basis for California mining
23    law.4
24
25    The fundamental principles were the same in the districts---that men who discovered a
26    section ofgold-bearing ground had the right to exploit it, and that this right lasted only as
27    long as a man continued to work his claim. Each man could locate or `4claim" only one
28    section ofground, but he could purchase the claims of others.
29
30    The body of laws regulating gold mining has grown since the gold rush. The California
3 1   Practice Act of I 85 1 stated that In actions respecting mining claims, proofshould be
32    admitted ofcustoms, usages, or regulation established and in force at the bar or diggings
33    embracing such claim and such customs, usages, or regulations, when not in conflict with
34    the Constitution and Laws ofthis State, should govern the decisions ofthe action.
35    Miners' claims were upheld by the cQurts as possessory rights, which were good among
36    the miners themselves and against any other claimant but the government.
37
38    The Civil Rights Act of 1866 established that all the mineral lands ofthe public domain
39    should be free and open for exploration and occupation; that rights which had been
40    acquired in these lands under a system of local rules, with the apparent acquiescence and
41    sanction ofthe government, should be recogrnzed and affirmed; and that titles~atents)
42   * on lands containing certain classes of mineral deposits might be ultimately obtained.
43
44    The l 870 U. 8. Mining Law amended July 9 provided that all patents granted, or
45    preemption or homestead nghts allowed, should be subject to any water rights or rights to
46    ditches and reservoirs used in connection therewith, as may have been acquired under or
47    recognized by the Act of I~66.


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               Siskiyou County Comprehensive Land & Resource Management Plan
      February i996


   2  The Gen~ra1 Mining Act ofMay 10, 1872, confirmed the Acts of 1866 and 1870(See
   3  attached)
   4
   S  California Civil Code 1410-1422, effective January 1, 1873, was essentially a
   6  codification of the principles and practices that had been developed in the mining districts
   7  and camps and the first legislative authonzation by the State for the appropriation of
   S  water. It is evident that the appropriation doctrine was established in California only as a
   9  result ofcustoms and usages developed in the mining districts and camps.
10
I I   Mining and providing services and supplies to the miners have contributed greatly to the
12    economic stabilit\' oft
                           he many mining communities which developed in Siskiyou
13    Countyts mining districts. Scott Bar was a relatively large mining town. By October of
14    185 1 the town contained about 50 houses and included stores, boarding houses and
15    saloons. In I 88 1 the town consisted ofa hotel, 2 stores, a butcher shop, a drug store, a
16    blacksmith, saloons and residences. Other communities which developed and grew as a
17    result ofthe minina ac
18    Camp, and \§reka. ~  tivity nearby included Forks ofSalmon, Sa~~'ers Bar, Happy
                         Within six months ofthe discovery ofgold at Thompson's D~
19    Diggings in Yreka (known then as Shasta Butte City), th~ population had grown from
20    about 1,000 inhabitants to over 5,000 people.
21
22    Mining activity has been continuous in Siskiyou County since the first gold discovenes.
23    There have been fluctuations in mining activity and output. These fluctuations have been
24    caused by depletion ofore bodies, new discoveries, improvements in extraction
25    techniques, regulatory impediments, price changes ofgold and general economic
26    conditions. The general prosperity that began in 1 9 1 6 and continued until I 929, with
27    accompanying high costs, caused a general decrease in gold output. The Gold Reserve
28    Act of 1934 changed the price ofgold from ~2O.67 per ounce to ~3S.OO per ounce. This
29    rise in the price of gold ultimately resulted in a large increase in gold output and in much
30    greater exploration. World War II caused a drop in gold output. War Production Board
3 1   Limitation Order L-208, issued on October 8, 1 942, caused the gold mines to be shut
32    down. When the American dollar was devalued and then set completely afloat in 1973,
33    the pnce ofgold went as high as $800.00 per ounce. Between 1975 and 1980 suction
34    dredge permits issued by the California Department of Fish and Game quadrupled in
35    number.
36
37    Mining is a classic free enterprise activity  where any person can go out and prospect to
38    find hidden deposits ofgold or other valuable minerals and develop for one's own benefit
39    arid survival. Many citizens supported their families by small-scale mining for gold
40    du.nng the depression years when no other work was available.'
41
42    While small-scale gold mining is mostly being done as a hobby today, bringing in
43   . thousands of'recreationists and tourists each year (which provides substantial income to
44    rural comrn~unities within the county), some still pursue the activity to provide for their
45    livelihood. If the value of gold anCUor other minerals increases during fliture years, it is
46    more likely that mining will play an even larger economic roll in the county. Also,


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              Siskiyou County Compehensive Land & Resource Management Plan
      February 1996
                                                                                     page 30

   I  methods is ukely to increase the value ofthe county's gold and/or other mineral reserves.
      Therefore, Siskiyou County, as a matter ofpolicy, has a strong interest in maintaining the
   )  availability ofmineral resources fdr Americans to discover and develop.
   4
   S  [

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                     Siskiyou County Comprehensive Land & Resourne Management Plan
         February 1996                                                                                 page 31


    I          APPENDIX 4 Custom and Culture                          Agriculture Summary
    2
    3    Farming, dai~ing and ranching have been established historic economic use of the land in Siskiyou County
    4    for almost 150 years. Agriculture is one ofthe highest value added industnes, creatin new wealth from the
    5   naturally occurring elements of seed animals, sunshine, minerals and water to produce high quality and
    6   quantity food and fiber. Specialization in this industiy has enabled phenomenal levels ofproductivity, freeing
    7   the vast majority of Amencans to pursue other enterprise and cultural development as hallmarks of our
    ~   niodem civilizatioti.
    9
 10     The concept of ~ resources" includes cultural propevties and traditional lifeway values.       Cultural
 I I    properties associated with ranching, for instance, would be physical structures or characteristics of the
 12     landscape, including: livestock, developed springs, wells, ditches and watering tanks, fences, corrals, graa:ing
I 3     allotments, open range, ranch houses, sheep herding camps, shearing pens, loading chutes, grange halls and
 14     community centers, one room school houses and livestock.
15
I 6     Traditional "lifeway valuest are often abstract, nonmaterial, ascribed ideas that may or may not be closely
I 7     associated with definite locations and are important to the
                                                                    groups traditional cultural practice, social
I 8     interaction or economic forms.
19
20      Agricultural operators require broad knowledge and experience in a variety of fields. Acquiring this complex
2 1     knowledge and perfecting necessary skills most offen requires a long apprenticeship, commonly established as
22      a `1lifeway~' passed from one generation to another. For instance, according to kichard Boles in What Color is
23      Your Parachute? ranching is an extemely complex career field. Working with animals alone requires the
24      skills of: serving, sensing, communicating, persuading, performing mana~in~ ne~otiat mg, leading , treatinci
25      and trainina ~ rancher, in addition to ~`1orking ~vith (and riding) animals, must.work pith the physics of
26      handling irrigation water, the mechanics of working with machines, the skills of operating heavy equipment,
27      the agronomy of growing hay crops, the chemistry of pest manaGement, th e veterinary medicine aspects of
28      animal health, the genetics of husbandry, the marketing and sale of a product, the planning and financial
29      management of a small business, the athletics of a physical lifestyle a sense of meteorological prediction, the
30      skills of filling out forms, and a grasp of the biological and geological processes of his surrounding
3 1     environment.
32
33      In Siskiyou County, ~e institution of the small family owned and operated farm, dairy or ranch, not only
34      provides the opportunity for apprenticeship, but reinforces cultural and social values such as being self-reliant,
35      cooperating in teamwork, being reliably responsible for living crops and animals, being valuing the family
36      homestead and its historic traditions, and enjoyment ofoutdoor worl:.
37
38      Raymond Fir, in Human Types. An Introduction to Social Anthropology. The New Amencan Lib~~,
39      c1963, gives and excellent overview of the elements that comprise ucultureu. According to Firth, and other
40      experts, one key to defming culture is the identifiable manifestations or "lifeways" ofa group in responding to
4 1     or living with their environment.
42
43      A combination of climate, topography, soil productivity and the availability ofwater in mountainous Siskiyou
44      County has created several different "micm~nvironments" to which agricultural practices have responded
45      with specialized crops most suited to constraints and risks ofhigh altitudes and a short growing season.
46      Ranching, for instance, was fi~ced with climatic realities that created a need for winter hay or summer gras in
47      timesofdrought
48
49      The historic limitation on homestead parcels to 160 acres also resulted in the adaptation of early ranchers of
so      driving cattle up into the surrounding high mountains of the west, north and south. This allowed them to
5 1   . harvest home pastures and access lush patches of meadow with more moisture available at higher elevations
52      with a later melting snow pack. In tum, this fostered the cultural and social tradition of the cattle drive and
53      roundup, and competitions for skill performance, such as the rodeo.
54
55      Although the season of use has been restricted to late summer and fall, and the allotments are generally
56      restricted. many tiublic land ranchina fi~milies ofthe co~?ntv tod~v iv~e the ~me r;~no~I~nd ~ ~r ~


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                   &iskiyou County Comprehensive Land & Resource Management Plan
       February 1996                                                                               page 32


   I   did (heir ancestors. Althouali hiohw ay use pefmi~s and ~ have begun to impact the practice in ~avo
   2   of large cattle tnicks, many public land grazes still drive their herds to their allotments. With a warnino car a
       the head and rear, family and friends on horseback with dogs nudge the slow-mooooving procession alon£
   4   back country roads to trails leading to their allotments Most still monitor rangelands and move salt blocks on
   S   horseback. [n the fall, they still (ound-up ~e herd, search for stray and drive them back to home pasture
   6   Calves are usually bom in late spring, weaned in the fall and sold before winter in rhythm with the orazino
   7   cycle. Like those of five generations ago, facing the same limiting factors of climate, topography and space.
   8   public graders continue to employ the same adaptations.
   9
I 0    Firtli also discusses the cultural charactenstics of social oQ0anization that creates a sense of kinship or tribe~~.
l 1    social position, status or function, and acts as the motivation for behaviors and other cultural manifestations.
12
I 3    Agriculturalist tend to go tlirough their lives in *~age sets,~ bonded by repeated shared experiences in 4-H.
14     sports, Future Faders of Amenca rodeo and other competitions.       As adults, they rotate through boards
I S    together such as Fair Boards, Rodeo Associations, irrigation Districts, Resource and Conservation Districts.
I 6    ~ey belong to "clubs" comprised mostly of others of the "lifeway" such as Young Farmers and Ranchers.
l 7    Farm Bureau, Cattlemen's Association, Grange and Growers Associations.
18
1 9    ~e customs associated with agnculture include many of the early possessor rights that were reco~~nized and
20     respected as local practices, sometimes supported by f~)rmally Associations and sometimes acknowledged in
2 1    law.  Examples include the establishment of gr~ing allotments tied to a family base ranch, water use rights
22     that developed into law, and public rights ofway over public land.
23
24     Agriculture has been a long time traditional land use and lifeway in Siskiyou County and has come to firm a
25     major component of local cultural celebrations and the economy.     It is important that the many elements
26     associated with agricultural land, water use, rights of way and easements be recognized and preserved as
27     necessary to support this valuable aspect ofthe heritage ofSiskiyou County.
28
29
30


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                   Siskiyou County Comprehensive Land & Resource Management Plan
       February 1996                                                                              page 33


   I                   Appendix 5 Customs and Culture - Farming

   2   HISTORICAL NOTES
   3   Sectional variations in physical characteristics naturally divide Siskiyou Count' into four identifi~bl areas
   4   where fanning has played a significant historical role: Shasta Valley; Scott Valley'; Butte Valley: a£~d the
   S   Tule Lake or Upper Klarnatli Basin The following spot sketches are meant only as an illustrative sample
   6   ofthe history offanning trends in Siskiyou County:
   7
   8   SHASTAVALLEY:
   9   PASTUkE     Robert Martin has been credited with being the first rancher in Shasta Valley, establishing the
10     Table Rock Ranch in 1849. The 3,500 acre Brady Ranch near Gazelle is also considered one ofthe earliest
I l    ranches It was later purchased by Josiah Edson in 1852. It should be noted that most early ranches did
12     not have enclosed pastures, leaving stock vulnerable to Indian raids ln 1 85 1 , Indians drove off 2u~~ head
13     ofminer's horses being herded in open range. (Please see separate sections on Rancliin~ and WaL~- Use.)
14
15     FIELD AND RO\V CROPS     As early as 1851;land claims were taken up in the Shasta Valley. Tne first
16     "crop" was grass hay cut for the Yreka market. In 1852, William and Jackson Brown are said to have
17     raised a crop in at Butteville, (a.k.a. Edgewood or Cavanaugh's.) Ale' Boles also began a farmin£
I 8    operation in 1 852, raising wheat, barley, oats and vegetables.
19
20     By 1853, amounts ofbarley, oats and wheat were raised in Shasta Valley. In 1853, crops were raised by
21     John B. Rohrer, the Davis Brothers and John Kegg in Little Shasta. Fire destroyed all but Rohrers crops.
22     In 1856, Henry Davis planted his first grain crop in Shasta Valley, but it did poorly because of
23     grasshoppers. One morning the family awoke to find that their field had been set afire by Indians
24     harvesting roasted grasshoppers from the fields.
25     By 1861, the William Miller ranch in Little Shasta was reported to be producing as much as 40 bushels of
26     wheat an acre and three tons ofhay an acre. There were three cuttings ofhay per year, all consumed by his
27     cattle. Around 1 870, August Louie and Joe Rose purchased "squatters rights" from claimants at Bi~
28     Springs and established homesteads. Both families raised tons ofpotatoes, watermelons, dry beans. fava
29     beans, onions, cabbages, corn, squash, garlic, saffron, cumin seed, and red and green peppers. ~en the
30     railroad arrived at Gazelle, they sold Red Top, Timothy and tons ofhay to the cattle dealers. In the 1890s,
31     they grew alfalfa.
32
33     In 1912, Jim Burns, Bill Wilson and Edward Stallcup formed a corporation known as Edward Stallcup and
34     Sons, Co., Inc., which, in addition to supplying feed for their o'vn cattle at Big Springs and 1 50 head of
35     boarded horses, sold as much as 1,000 tons ofhay each year to the Weed Lumber Co. In addition to the
36     StaIlcup sons, John, Joe and Tom, 15 men were hired during the summer for haying.
37     In 1853, Ch&les Schlicht began construction ofa flour mill on the Shasta River. In 1861, the Yreka Steam
38     Mills ran regularly and were said to he capable ofgrinding 16,000 pounds offlour daily, when necess~e'.
39     Another flour mill was located at Tailholt in Little Shasta~ (By 1878, there werc seven grist mills in the
40     entire county two steam and five water power driven. These produced 2 l ,OOO barrels of flour and ground
4 1    2,800 bushels ofcom.) By 1 885, there were ako two breweries in Yrek~
42
43     ORCHARDS     Forest House or Forest Ranch was established on the Yreka side ofForest Mountain by
44     Horace Knights in 1851. By 18S2, there was a distillery. A large orchard had been planted by 1861,
45     ihcluding pears, peaches, plums and more than 4,000 apple trees, (250 of which were already productive.)
46     In I 869, the orchards at Forest House were expanded and a cider mill with two large wooden wheek was
47     added along with a vinegar room. Thejuice was concentrated by boiling for shipping. By 1873, Forcst
48 .   House yielded a yearly product of fi~iit totalling 6,000 bushels.
49
50     By 1 86 1 , Batterton had also established an orchard in Shasta Valley and the Edson Ranch included a large
5 1    orchard planted in I 865. Nelson H. Eddy raised fruit on his ranch, established near the foot of Mt. Shasta
52     in 1867.


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                  Siskiyou County Comprehensive Land & Resource Management Plan
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   I    SCOTTVALLEY:
   ~    PASTURE   As early as 1850, Pool and Wicks had established a land claim in Scott Valley with a corral to
   )    graze cattle for meat for the miners at Scott Bar (See separate section on Ranching and \Vater Use.)
   4
   5    FIELD CROPS   The first oats oro~ ~ in Siskiyou Cotinty ~~~ere bro~gl~t from Oregon in I ~ I and sown by
   6    Robinson, Brown and Godfrey on the Star Ranch in Scott Valley. In 1852, Godfrey brought one bushel of
   7    planting wheat from the Suisun Valley by pack mule to Shasta Valley, and then through the snow to Scott
   8    Valley. It produced a crop ofSO bushels. In the following year, P.A. Heartstrand and Asa \Vhite brought
   9    30 mule loads ofwheat to Scott Valley for planting. In I 852, John McKee homesteaded a large tract of
10      land in Scott Valley. The land was later subdivided into several fanns including those ofPeter Smith, Rev.
I I     D.H. Lowry, O.V. Green and John and Stafford Wilson. Farming was also taken up in 1852 by Winegar,
12      Glendenning, Kidder and Calhoun. By 1853, considerable arnounts ofbarley, oats and wheat were raised
13      in Scott Valley. By 1877, a harvest ofat least 250,000 bushels ofgrain were anticipated in Scott Valley
l 4     and four steam threshers were in operation. Of note, in 1917, during W~
                                                                VI, seed from the alfalfa grown on
15      the d~ land ofNoyes Valley brought a premium price because ofits characteristic ofgro~vth in arid
16      ~
17
1 8     The Lafayette/ShoreslPhoenix flour mill was the first grist mill in Siskiyou County, erected in Scott Valley
19      in 1853. In 1954, Charles McDermit, Jeremiah, William and D.M. Davidson built the "Old Aetna Mills"
20      and distillery. In I 855, P.A. Heartstrand, Abisha Swain, Obediah Baer and James Stevens built the `tRough
21      and Ready Flour Mill' near Etna. In 1860, the Festus Payne grist mill was built in French Creek. It was
22      operated by a hurdy gurdy" water wheel along with a saw mill. In 1865, Joseph Young and his brother,
23      the Swain brothers and George Smith purchased the machinery ofthe flour mill in Yreka for their mill in
24      Rough and Ready, which they operated by steam. The "Union", the principal flour mill at Rough and
25      ReadylEtna, had a capacity of3O,OOO bushels a day.
26
27      The "Farmers Flour Mill" in Fort Jones was built as a cooperative association of farmers and merchants to
28      protect themselves against the four combined flour mills then in operation at Rough and ReadylEtna, which
29      controlled the price ofwheat. Later, in 1919, the Parrott flour mill was built by Charles B. Parrott and John
30      Johnson in Etna, producing "Flavo Flour" and grinding feed for fanners. It was closed in 1931.
31
32      In 1854, Jeremiah Davidson and William Miller built a distillery on \Vhiskey Creek operated by Ensign
33      "Whiskey" Smith. In 1 868, C. Kappler purchased a brewery from P. A. Heartstrand on the east side of
34      Scott Valley about three miles from Rough and Ready. In 1872, he moved the brewery to Rough & Ready.
35      A fire destroyed the original building in 1 875 and a larger one was built. Kappler's brewery had four beer
36      wagons and it is said his business netted a quai~er ofa million dollars annually.
37

38      BUTTE VALLEY:
39      There are numerous accounts of immigrant trains that reached Yreka bcginning in 1 852 over the Yreka
40      Trail, which passed through Butte Valley. This branched from the Applegate Trailjust west ofthe divide
4 1     between Willow Creek and Laird's Landing on the Lower Klamath Lake, turning soudiward until it met the
42      old trapper's trail coming down from Military Pass.
43
44      Settlement of Butte Valley itself, however, was hampered by fear of Indian raids and lack ofwater. It was
45      called the "Desert" for many years. Early agricultural use was limited to ranching, although thousands of
46      tons ofnatu~l g,rass hay were harvested at early ranches established in 1862 on the west side ofButte
47      Valley. (See separate section on Ranching and Water Use.)
48
49   : FIELD CROPS: In 1876, crops grown on the Julius Russell homestead 6n Butte Creek were reported as
50      timothy, red top~ oats for hay, wheat and barley, which were cut by a reaper and later stacked and threshed
S I     by machine. Some grain was hauled to the granary for home use and the rest to the grist mill in Little
52      Shasta and sold. By 1903, there were 1 1,000 acres ofdry-land farming producing alfalfa hay and grain.
53


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                Siskiyou County Comprehensive Land & Resource Management Plan
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   I  In 1 906, the extensive Butte Valley landlioldings of Miller and Lux were sold to the (Southern) Pacific
   2  Improvement Co. Much ofthis was sold to William Macdoel and the Butte Valley Land Company. It was
   3  then cut up into small farms and sold largely to farmers who were members ofthe Church ofthe Brethren
   4  (or Dunkards.") Various plans for groundwater and surface water irrigation systems failed and many left
   5  bankrupt. An attempt by the Bureau ofReclamation to channel waters ofAntelope, Butte and Bear Creeks
   6  to Macdoel met with similar failure in 1920.
   7
   8  Butte Valley Irrigation District (BVID) was formed in 1921. Due to insufficient surface water available to
   9  landowners in the district, a bond was floated for S547,000 in I 923 to divert water from Shovel Creek to
10    irrigate ta~ land within the (BVID). After the project was completed, the creek went dry and most
1 1   flirmers lost their land and were forced to leave the area. In 1929, BVID drilled the first irric'ation well.
12    The BVID continued to drill wells as the surface water decreased each year.26  In the 1950s, with
1 3   formation of a successful Irrigation District utilizing deep wells, hundreds of acres had been cleared,.
14    leveled and brought into productivity in alfalfa, grains and potatoes.
15
16    In 1937, the Bankhead4ones Farm Tenant Act, Title III authorized purchase ofsubmarginal, erosion prone
1 7   flirmlands to retire from agncultural developmenL Approximately 1 8,425 acres to the east of Meiss Lake
I 8   were acquired under this act. They were administered by the Soil Conservation Service until I 950, and
19    formally designated as National Grasslands administered by the U.S. Forest Service in 1991.
20
21    ORCHAI~DS AND ROW CROPS: For a briefperiod in the 1880s, a group ofsettlers from Pennsylvania
22    attempted to fence the open range and grow oranges. This enterpnse failed and the settlements were
23    abandoned. By 1903, \Vheeler's Nursery employed 300 men in growing and marketing 15 million
24    strawberry plants to southern California and Sacramento.
25

26    TULE LAKEJUPPER KLAMATH BASIN:
27    Many immigrants to California took the Applegate Trail, following the eastern shore ofTule Lake. In
28    I 849, the first ofmany violent deaths by raiding tribes occurred between Goose Lake and Tule Lake
29    giving the area the name "Bloody PoinL" Early settlement was limited, first by tribal raids, then by lack of
30    water, short growing seas6n and inhospitable climate. (See separate section on Ranching.)
31
32    By 1 867, the former Modoc tribal lands around Klamath Lakes and Lost River had been settled by many
33    immigrants. Lingering Indians were removed to the Klamath Reservation in I 869, but a group under
34    Captain Jack returned to the area, eventually resulting in tile Modoc War of 1872-3.
35
36    CROPS: In 1 899, Milo and Alice Coppock homesteaded land on the Sand Strip or Peninsula at the
37    southeast end ofTulelake, where they g[~W vegetables and fhii~ In 1907, J. Frank Adams, Ch&les L
38    Moore, E.P McComack, Alexander Martin, Alexander Maitin k. and Ruftis Moore formed the Lakeside
39    Company, purchasing an initial 6,500 acres from the Tule Lake Land and Livestock Co. on the north end
40    ofTule Lake. The company interested The Bohemian Colonization Club ofOmaha, Nebraska, in
41    establishing a Czechoslovakian community on the site (Malin, 9regon) in 1909-10. Despite wind, frost,
42    thousands ofjack rabbits and flocks ofbizxis, the colony was successfti1, growing potatoes, beets, wheat,
43    oats, rye and hay, as well as garden vegetables.
44
45    Experiments on the new Klamath Prqjcct homesteads (see section below) in raising VariOUS cmps
46    concluded that potatoes, onions, horseradish and cereal crops were most able to survive the climate and
47    find a profitable marker Tule Lake fartners sustained devastating crop loss when their barley and wheat
48    fields proved atfractive feeding grounds for thousands ofducks and geese. Various unsuccessfiil attempts


       26 Oct. 9, 1992 letter from Theodore Risner1 Water Master, BVID.


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                 Siskiyou County Comprehensive Land & Resource Management Plan
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   I   were made to dissuade the birds, includiug: flring shotguns loaded with blanks; using planes to bu~ Fields;
   2   air dropping firecracker-type noisemakers; and using a mobile searchlight to roust night feeding birds27

   4   [n 1940, Earl Ager moved his grocer)' and general store to Tulelake. It has been described as the "\Vall
   S   Street ofwestern barley, the crying wall ofthe potato industry..." In 1993, 19,532 acres ofleaselands in
   6   Siskiyou and Modoc Counties generated $15,796,785 in crop sales. In the Klamath basin, onion
   7   production has been centered on the leaselands and the area is considered to be excellent for beet
   8   production, introduced around 1991. Potatoes are a large crop in the basin, with 40% ofCalifornia's fresh
   9   potatoes ono
                ~inating there. Nearly 45% ofthe nation's horseradish is also grown here. Grains are also
10     grown with maintenance ofspecial habitat buffers and residual grains left for bird feeding under
I I    government programs
12


13     EARLYRECLAMATION EFFORTS:
14      In 1862 and 1866, John A. Fairchild had secured grazing privileges into the eastern part ofButte Valley
l S    through private treat)' with the Modoc Indians. (See separate section on Ranching.) When his partnership
16     with Si Doten, dissolved, he repined 17,000 acres called J.F. Ranch, a considerable portion ofwhich was
1 7    covered by Lower Klamath Lake. He reclaimed a large area through drainage, turning it into rich pasture
I 8    land. In 1 868, the Langell family began to rechannel the Lost River, reclaiming nearly 4,000 acres of land
19     for faring and ranching over the border in Oregon. In the 1870s, lames Poe rechanneled the Lost River
20     in Oregon, downstream from Langell's, to reclaim swampland for farming. (See separate section on \Vater
21     Use.)
22

23     KLAMATH RECLAMATION PROJECT:
24     In 1904, Reclamation Service Director Frederick Newell presented a proposal to reclaim marshlands in the
25     upper Klamath Basin for agriculture. In February of 1905, California relinquished ownership of Clear
26     Lake, Lower Klamath Lake and Tule Lake to the federal government. In addition, Congress passed
27     legislation to permit the draining ofthe lakes and cessation ofnavigation. The Bureau of Reclamation
28     (BoR) began construction in 1906, with the draining ofTule Lake beginning in 1907. Through diversion
29     of Lost River water into the Klamath River, drainage through holes in the lava at Scorpion Point and
30     evaporation, Tule Lake was reduced in size from 98,600 to 68,000 acres between 1907 and 1919, and
3 1    parcels opened for homestead in phases.
32
33     Portions ofthe Klamath Basin National Wildlife Refuge system that are located in Siskiyou County include
34     Lower Klamath and Tule Lake In I 908, Executive Order #924 preserved islands and marshlands
35     unsuitable for agriculture for bird habitat in the Lower Klamath Reflige. In 19 12, the Northeastem
36     Railroad was permitted to build a causeway across the northwestern end of Lower Klamath Lake, which
37     cut off the lake from its main source of water. The Lower Klamath Lake was originally 8 l ,6 1 9 acres in
38     size. When drained, the northern end ofthe lake proved suitable for fanning, but the southern end was
39     heavy with alkali. By the 1920s, peat fires started in the lake bed, burning to a depth ofsix feet or more in
40     some areas. [n the aftermath, a large alkaline, ashy lake bed choked the region with dust clouds. Due to
4 1    detenoration ofthe water quality ofthe lake and spread ofavian botulism, some ofthe drained land was re-
42     flooded.
43
44     In 1928, Executive Order #497S set aside the 10,300 acre Tule Lake Bird Reflige. When Tule Lake was
45     drained, 37,000 acres ofTule Lake had been set aside as an evaporation sump, but in the 1930s1 most of the

        27

           Responding to a negative article published in the San Francisco Chronicle in 195 1 conceniiiig the
       impact of farini~~g on the Tule Lake Reflige, local editor, John B. Edmonds of The Tulelake Reporter stated:
         our ranchers pay and pay again with thousands of bushels of grain consumed each year off private farm
       land. . Not a 30,OOO acre refuge, Mr. Thomas; no rather a 93,000 acre paradise of water and grain and
       clover on which these birds feed each spring and fall at our expense.


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                Slsklyou County Comprehensive Land & Resource Management Plan
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   I  land was not under water and was leased for fanniand. [rrigation on the homesteads threatened the
   2  leaselands with flooding and a pump and tunnel was constructed to the Lower Kiamath  By connecting the
   3  sump with Lower Kiamath Lake by tunnel and a pumping facility in 1942, the Tule Sump was reduced to
   4  1 7,000 acres with leaseland farming on the remaining lands. mm- l 65
   5
   6  The new agricultural lands gradually created by the Klamath Project were homesteaded through a series of
   7  open allotments beginning in 19 1 7. (Most ofthe homesteads awarded after 192 1 were in California.)
   S  Applicants had to nieet certain criteria to qualify, and preference was given to veterans of both \VWI and
   9  WWII. In 1929, the tradition ofdrawing names from ~ e ligible applicants ~vas begun. ~e 1 946
I 0   lottery drawing was aired live throughout the west coast through radio hook-up. The last homestead was
I I   awarded in I 949 to Ernest L. Tacker of ~emet. (Due to its high alkali content1 it had been refused by 20
I 2   prior alternates.) As the Klamath Project extends into southern Oregon and Modoc Count, many farmers
I 3   also leave ties to those regions. In fact, it is not uncommon for a Siskivou
                                                               County farm to have one or more
I 4   operations situated in another of these locations.
15
1 6   After tl~e last homestead period, I 3,000 acres under Bokjurisdiction remained reserved from homestead
1 7   and maintained under lease. [n 1 95 1 , the US Fish and Wildlife Service announced intention to exclusively
I 8   manage I 5,253 acres of land in the Tule Lake Basin, including the areas known as 2,500 acre "League of
I 9   ~ and "Frog Pond'~ which had been under consideration for homestead.
20
2 1   Protests were raised based on the question oforiginal intent ofState transfer oftitle to the federal
~     ~overnnient in regard to purposes ofhomesteading. This led to clari~ing legislation known as the 1964
23    Kuchel Act (Public Law 88-567,) which states that leaselands are `~dedicated to wildlife conservation, but
24    with full consideration to optimum agricultural use that is consistent therewith."
25
26    In 1977, an agreement between the BoR and the Tule Lake Refuge acknowledged that: 1) the US Fish and
27    Wildlife Service (USF&WS) was in charge ofadministering the land and water within the boundaries of
28    the refuge and that their decisions affecting this area were binding; and 2) the Bok would prepare and
29    conduct leasing programs on the land designated for agricultural use within the refuge, under the approval
30    ofthe USF&WS. In 1980, the refuge expanded to include land encompassing the "Peninsula" so that
3 1   currently, the Tule Lake Refuge encompassed 38,908 acres; 1 5,270 ofwhich are leased to farmers residing
32    within a 50 mile radius ofthe refuge on a five year basis and 1,400 acres ofwhich are planted in barley as a
33    buffer to attract feeding winter fowl.
34
35    The Lower Klamath National Wildlife Reftige now stands at 47,600 acres, and is a mixture of shallow
36    marshes, open water, grassy uplands and cr6plands. There are 6,900 acres of leaselands on the lower
37    Klamath Refuge. According to the Tulelake Growers Association, potatoes account for only 13% of the
38    crops grown on 22,000 acres of lease land in the refliges, yet generates nearly 60% ofthe S 1 5.7 million in
39    receipts for farmers leasing this land in Siskiyou and Modoc Counties.28 (Please see Attachment D.)
40

41    HISTORICAL STATISTICS:
42    (Please see the following "attachments" on historical estimates on acreage and crop production excerpted
43    from the Siskiyou County Annual Crop and Uvestock Reports, I9S7~l994.) It should be noted that more
44    recent developments in fanning in Siskiyou County have included the establishment ofwineries, (where
45    micro~Iimates have permitted,) nurseries for reforestation stock, medicinal herbs and the application of
46    organic fanning practices.
47


       28

           Statistics taken from a Feb~ 14, 1994 letter from the Tulelake Growers Association to
      Congressman Wally Herger.


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                 Siskiyou County Comprehensive Land & Resource Management Plan
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   I   *`RIGHT TO FARM ORDINANCE":
   2   On September 25, 1 990, the County of Siskiyou passed Ordinance 90-28 adding Chapter l I to Title I 0 of
   ~   the Siskiyou County Code or `1Right to Farm Ordinance
   4
   S   Section 1 0- 1 l 02 states: "It is the purpose and intent of this section to reduce loss to the County of its
   6   agncultural resources by limiting the circumstances under which agricultural operations may be considered
   7   a nuisance.
   S
   9   Section 10- 1 1 .03 states: 1'No agncultural activity, operation or facility or appurtenances thereof, conducted
I 0    or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and
I I    standards and with all chapters ofSiskiyou County code, as established and followed by similar
1 2    agricultural operations, shall be or become a nuisance, public or private, pursuant to the Siskiyou County
I 3    Code after the same has been in operation for more than three years, if it was not a nuisance when it
14     bezan."
IS

16     GENERAL CONSIDERATIONS:
17     The availability ofsuitable soils, climate and water ofsufficient quaiitity and quality arc hindamental to
I 8    farming. where environmental, land use or government fairri program regulation does not otherwise
I 9    intrude, the decision by a modem fanner to bring or maintain a particular piece of land in production
20     depends on a number of additional factors: ( 1 ) access to reliable resources in order to acquire necessary
21     production "inputs"29 ; (2) the amount ofeapital investment required for necessazy production "inputs";
22     (3) reliability ofcrop yield or "output" 30 ; (4) marketability ofproduct, including market price.
23
24     A commercial farmer will not generally bring a particular piece of land into production where there is no
25     foreseeable profit in doing so The balance of profit, loss and the weighing of risk variables is further
26     complicated when the crop is to be utilize as an input for another end-product, such as livestock, or when
27     it is a long-lived perennial crop, such as alfalfa or pasture.
28

29     SOIL CHARACTERISTICS: 31

30     LITTLE SHASTA RIVER:
3 1    The source area ofthe Little Shasta River is marked by soil ofa coarse texture descnbed as sandy and
32     stony in nature and from material derived from volcanic ash. The soil in tlliis area ranges frorn well~kaincd
33     to excessively drained and is slightly to strongly acii The underlying geology is igneous rock from lava
34     flows - basalt or andesite. Moving into the valley edge, the soil becomes neutral to mildly alkaline in
35     nature.
36

        29
          This would include such ujflp~tsu as skill, experience, parts, capital and financi~, labor, costs of land,
       nutrients, ~cides, equipment, transportation, processing and storage facilities, structural improvements,
       water delivery systern~, seed, packaging, etc.


        30  mis wotild include risk factors such as crimatic and natural events, disease, pestileoce and loss by
       wildlife, reliability of water supply, etc.


        31   SOIL'~~SURVEY OF SISKIYOU COUNTY CALIFORNIA. CENTRAL PART          USDA Soil
       Conservation Service, 1983.


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                 Siskiyou County Comprehensive Land & Resource Management Plan
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   I   Terraces on the north side oftue river range from mildly alkaline to mildly acid in the top several inches
   2   and neutral u