§ 19.05

Whereas, the board of supervisors of Modoc County finds that the livestock industry is vital to the economy of Modoc County; that the reduction of AUMs will have a disastrous economic impact on individual ranches, and collectively on the county itself; that continued grazing use of federally managed land is vital if the livestock industry in the county is to survive; and, that the expectation for continuation of the livestock

industry in the county is essential to support economic stability and to preserve the custom and culture of the citizens of this county; and

Whereas, the Taylor Grazing Act of 1934, 43 USC Section 315, was passed primarily to provide for stabilization of the western livestock industry; and that Act is still sound law; and

Whereas, that Act authorized the Secretary of Interior to establish grazing districts in those federally managed lands which were "chiefly" valuable for grazing and raising forage crops and the Secretary was authorized to act in a way that would "promote the highest use of the public lands (43 USC Section 315); and

Whereas, the Act authorized the Secretary to issue grazing permits on a preferential basis with preference to be given to those "livestock owners engaged in the livestock business," "bona fide occupants or settlers," or "owners of water or water rights" (43 USC Section 315(b)); and

Whereas, the Secretary was authorized to take action to stabilize the livestock industry which was recognized as necessary to the national well being; and

Whereas, the Act also recognized the property interests of a permittee in the form of an investment backed expectation in that it provided that no preference would be given to any person whose rights were acquired during the year 1934 except that the Secretary could not deny the renewal of any such permit "if such denial will impair the value of the grazing unit of the permittee, when such unit is pledged as security for any bona fide loan" (43 USC Section 315(b)); and

Whereas, the Federal Land Policy and Management Act of 1976, 43 USC Section 1701 et seq., did not limit, restrict or amend the purposes and provisions stated in the Taylor Grazing Act and the purposes of said Act were stated as follows:

The Congress declares that it is the policy of the United States that —

...

(2) The national interest will be best realized if the public lands and their resources are periodically and systematically inventoried and their present and future use is projected through a land use planning process coordinated with other federal and state planning efforts; ...

(8) The public lands be managed in a manner that will protect the quality of scientific, scenic, historical, ecological, environment, air and atmospheric, water resource and archaeological values; that, where appropriate, will preserve and protect certain public lands in their natural conditions; that will provide food and habitat for fish and wildlife and domestic animals; and that will provide for outdoor recreation and human occupancy and use; ...

rotect the quality of scientific, scenic, historical, ecological, environment, air and atmospheric, water resource and archaeological values; that, where appropriate, will preserve and protect certain public lands in their natural conditions; that will provide food and habitat for fish and wildlife and domestic animals; and that will provide for outdoor recreation and human occupancy and use; ...

(12) The public lands be managed in a manner which recognizes the Nations need for domestic sources of minerals, food, timber, and fiber from the public lands...

43 USC Section 1701

Whereas, the Public Rangelands Improvement Act of 1978, 43 USC Sections 1901-1908, once again revitalized the purposes of the Taylor Grazing Act, and provided that the Secretary of the Interior shall

manage the public rangelands in accordance with the Taylor Grazing Act, the Federal Land Policy and Management Act of 1976 and other applicable law consistent with the public rangelands improvement program pursuant to that Act and that the goal of management shall be to improve the range conditions of the public rangelands so that they become as productive as feasible in accordance with the rangeland management objectives established through the land use planning process, and consistent with the values and objectives listed in [Section 1901] (See 43 USC Section 1903); and

Whereas, one of the objectives listed in Section 43 USC Section 1901 is the improvement of the rangelands in order to increase the potential for livestock development and to prevent economic harm to the "western livestock industry" (43 USC Section 1901(a)(3); and

Whereas, in accordance with these Federal Acts-The Taylor Grazing Act, The Federal Land Policy and Management Act and The Public Rangelands Improvement Act-federal agencies are required to preserve the stability of the western livestock industry and to provide for multiple use management including necessary range improvements for the benefit of livestock production, wildlife habitat, watershed protection and recreation; and

Whereas, the quality of economic life of Modoc County as well as the scientific, scenic, historical, ecological, environmental, air and atmospheric, water resource, and archaeological values which are part of the life in the county protected by the Federal Land Policy and Management Act require that the statutory mandates for stabilizing the livestock industry be followed; and

Whereas, the Public Rangelands Improvement Act represents sound land management principles for all federal lands managed by the U.S. Forest Service, the Bureau of Land Management and other federal agencies, including all such lands within Modoc County California.

(Ord. 319 §1(part), 1997)

19.05.020 - Adoption of Public Rangelands Improvement Act of 1978.

Now, therefore, the Public Rangelands Improvement Act of 1978, 43 USC Sections 1901 et seq. are adopted as a county ordinance by the supervisors of Modoc County.

(Ord. 319 §1(part), 1997)

19.05.030 - Procedures of Public Rangelands Improvement Act to govern.

The procedures set forth in the Public Rangelands Improvement Act shall govern all actions involving the federal agencies and either an individual or group of livestock grazing permittee(s) or lessee(s), including but not necessarily limited to the issuance of a grazing permit(s) or lease(s) by the federal agencies, the transfer or sale of a grazing permit(s) or leases(s) from one party to another, the creation or revision of an allotment management plan, and other like actions or as requested by the permittee(s) or lessee(s).

(Ord. 319 §1(part), 1997)

Violation of this chapter shall be deemed to be a violation of the Modoc County Code and subject the individual or individuals responsible for making and implementing any decision which fails to comply with

this chapter subject to all civil and/or criminal penalties applicable under federal and/or state law.

Immediately upon the filing of any complaint pursuant to the provisions of this chapter, the district attorney shall inform the board of supervisors of such filing and keep them appraised at all times of the progress and findings made in any resulting investigation.

(Ord. 319 §1(part), 1997)

No violation of this chapter shall be assessed if all of the permittee(s) or lessee(s) affected by an agency decision release, in writing, the federal agency of all responsibility for the violation within two weeks of the date of the agency decision.

(Ord. 319 §1(part), 1997)

Chapter 19.06 - LAND CONSERVATION (WILLIAMSON) ACT

19.06.010 - Preamble.

As part of the California Land Conservation Act program, the board of supervisors desires to enter into land conservation contracts with agricultural property owners in the county.

The California Land Conservation Act requires that, before the board may enter into land conservation contracts, it must establish an agricultural preserve and rules of administration for agricultural preserves.

The board of supervisors shall adopt by resolution the Modoc County Land Conservation (Williamson) Act rules and regulations for the purpose of administration of agricultural preserves and implementation of the county of Modoc Land Conservation (Williamson) Act program.

The board of supervisors appoints the planning department and the planning commission as the advisory board of agricultural preserves.

(Ord. No. 325-A, § I, 1-13-2026; Ord. 325(part), 2001)

19.06.020 - Adoption of Land Conservation Act rules and regulations.

The board of supervisors shall adopt by resolution the Modoc County Land Conservation (Williamson) Act rules and regulations, copies of which are on file in the clerk of the board's office at the Modoc County Courthouse.

(Ord. No. 325-A, § I, 1-13-2026; Ord. 325(part), 2001)