The Barbed Wire - October 13, 2017

October 13, 2017
Northern California Wildfires Resource Guide
Reforming the Antiquities Act
Disaster Supplement
BULLETIN BOARD
LEGISLATIVE UPDATE

Northern California Wildfires Resource Guide

The northern California wildfires that began on Sunday are quickly becoming the deadliest and most destructive in California history.  As of Friday, the death toll of 31 had surpassed that of the 1991 Oakland Hills fire.  

Below is a clearinghouse of resource providers for the fires impacting Napa, Sonoma, Mendocino, Lake, Yuba, and Butte counties.

California Department of Forestry and Fire Protection

Click here

@CAL_FIRE

California Office of Emergency Services

Click here

@Cal_OES

Sonoma Fire Info

Click here

Napa County Facebook

Click here

Butte County Sheriff Facebook

Click here

Mendocino County Sheriff Facebook

Click here

Lake County Sheriff Facebook

Click here

Yuba County Office of Emergency Services Facebook

Click here

USDA Forest Service Active Fire Mapping Program

Click here

The Press Democrat: Useful Information for Sonoma County Fires

Click here

EPA AirNow: Air Quality Conditions

Click here

Napa Community Animal Response Team

Click here

211.ORG

Click here

CalVet

Click here

California Farm Service Agency

Wildfire Damage Assistance for Farmers & Ranchers

Davis State Office

530-792-5520

Farm Service Agency Sonoma County Office

707-794-1242

Farm Service Agency Napa County Office

707- 448-0106

Farm Service Agency Mendocino County Office

707-485-3223

Click here

Reforming the Antiquities Act

On Tuesday, the Washington Examiner ran an op-ed penned by Chairman of the House Natural Resources Committee Rob Bishop (R-Utah) where he argued there is no greater threat to the checks and balance system of federal government “than the repeated abuse of the Antiquities Act in the designation of national monuments.”  The Antiquities Act (Act) was signed into law by Theodore Roosevelt in 1906, and gives the executive branch the authority to create national monuments from federal lands by Presidential proclamation.  

The Act is the subject of frequent controversy, and constitutionalists have long argued it is an egregious abuse of Presidential power.  This issue came to a head in December 2016 with President Obama’s decision to designate the Bears Ears mesas in Utah a national monument.  The move was heavily criticized at the time by President-Elect Donald Trump and state officials, including Gary Herbert, Governor of Utah.  In response to the Bears Ears designation, President Trump directed Secretary of the Interior Ryan Zinke to review the size and scope of national monuments larger than 100,000 acres created under the Obama and Clinton Administrations, seeking recommendations for monuments that should be scaled back by Congress.  

On Wednesday, the House Natural Resources Committee voted 23-17 to advance H.R. 3990, legislation that would limit the authority granted by the Act.  H.R. 3990, the National Monument Creation and Protection Act, was introduced on October 6, 2017 by Chairman Bishop, and would limit unilateral monument designations by the President to 640 acres, require designations between 640 to 10,000 acres to be reviewed by the National Environmental Policy Act (NEPA), and designations between 10,000 and 85,000 acres would require approval from all county commissioners, state legislatures, and governors representing the affected areas.  In addition to the support of Chairman Bishop, the bill enjoys five co-sponsors, including Representative Tom McClintock (R-Elk Grove) and Representative Doug LaMalfa (R-Richvale).      

In addition, The Improved National Monument Designation Process Act (S. 33) was introduced in January 2017 by Senator Lisa Murkowski (R-Alaska) and 27 additional Republican senators, but has shown no movement in the Senate Energy and Natural Resources Committee.  S. 33 would require an Act of Congress, approval by affected state legislatures, and a certification of compliance with NEPA before public land may be declared a national monument.  A bill introduced in the Senate by Sen. Mike Lee (R-Utah), the National Monument Designation Transparency and Accountability Act of 2017 (S. 132), would amend Title 54 of the United States Code to provide for Congressional and State approval of national monuments.  In addition, there are two alternative bills in the House which would reform the Act by amending Title 54. The MAST Act (H.R. 1489), introduced by Representative Don Young (R-Alaska) and the National Monument Designation Transparency and Accountability Act (H.R. 2284) introduced by Representative Raul Labrador (R-Idaho).  Neither bill has received much support or movement in the House. 

Disaster Supplement

This week, the House passed a disaster aid supplemental spending package for the hurricane and wildfire relief efforts.  The $36.5 billion spending measure was approved 353-69, and was sent to the Senate for approval next week.  The legislation included $18.7 billion for the FEMA Disaster Relief Fund, $576.5 million for wildfire funding, and $16 billion for debt relief for the National Flood Insurance Program (NFIP). 

The bill advanced as some of the most devastating wildfires in California history continue to rage in the Wine Country despite criticism from conservatives over the fiscal impact of repeated disaster aid legislation. 

The supplement was brought to the House Floor as an amendment to an unrelated House and Senate-passed bill (H.R. 2266) to authorize new and permanent bankruptcy judgeships.  The legislation is controversial among conservatives for its NFIP debt relief and funding measures, but attaching the supplement to H.R. 2266 will prevent the possibility of a filibuster when the bill proceeds to the Senate floor.  Next week, the Senate must also take up the fiscal year 2018 budget resolution, and it is unclear whether Majority Leader Mitch McConnell (R-Kentucky) will consider the supplemental before or after the budget is addressed.  The bill may also be delayed if senators from affected areas push for funding add-ons.  Senators. Ron Wyden (D-Oregon) and Jeff Merkley (D-Oregon) are among the most vocal members calling for more wildfire funding provisions in emergency funding legislation.  In addition, Texas Senators Ted Cruz and John Cornyn are under pressure from Texas Governor Greg Abbott after the he expressed disappointment to members of the Texas House delegation for failing to meet requests for additional Hurricane Harvey aid.  If a fight breaks out among senators over additional funding levels for relief efforts, the final passage of the bill may be pushed to the following week.

BULLETIN BOARD

Crescent City Seeks City Manager

Click here

Inyo County Seeks Auditor-Appraiser I or II

Click here

DWR Releases 2017 California Preseason Flood Coordination Meeting Schedule

Click here

LEGISLATIVE UPDATE

RCRC members are encouraged to share letters addressed to state and federal representatives and regulatory bodies with RCRC’s Government Affairs staff.  Click “Read More” to access information related to the current status of legislation impacting California’s rural counties.  

Assembly Bill 524 (Bigelow): Public Utilities: Fines and Settlements. Assembly Bill 524 Appropriates moneys resulting from specified citations relating to the 2015 Butte Fire to the Department of Forestry and Fire Protection to be expended for the Department's program known as the State Responsibility Area Fire Prevention Fund and Tree Mortality Grant Program. Status:  AB 524 has been vetoed by the Governor.  RCRC Position: Support

Assembly Bill 653 (Ridley-Thomas): Property Taxation: Exemption: Indian Tribes.  Assembly Bill 653 would exempt from taxation property owned in fee by a federally-recognized Native American tribe that is pursuing a fee-to-trust application.  Status: AB 653 is now a “two-year” bill and awaits consideration in the Senate Governance and Finance Committee.  RCRC Position: Oppose

Assembly Bill 924 (Bonta): Indian Tribes: Commercial Cannabis Activity.  Assembly Bill 924 would authorize the Governor to enter into agreements concerning cannabis activities on lands of federally-recognized sovereign Indian tribes. Status: AB 924 awaits consideration in the Senate Business, Professions & Economic Development Committee.  RCRC Position: Oppose

Assembly Bill 1250 (Jones-Sawyer): Counties and Cities: Personal Contract Services.  Assembly Bill 1250 would establish specific standards for the use of personal services contracts by counties.  Status: AB 1250 awaits consideration in the Senate Rules Committee. RCRC Position: Oppose

Assembly Bill 1665 (Garcia, Eduardo): Telecommunications: Advanced Services Fund: Assembly Bill 1665 would revise eligibility requirements for projects and project applicants for grants funded from the California Advanced Services Fund. Status: AB 1665 awaits the consideration of the Governor. RCRC Position: Requesting Veto

Senate Bill 458 (Wiener): Beverage Container Recycling: Mobile Recycling Program.  Senate Bill 458 would permit the Department of Resources Recycling and Recovery to establish several mobile recycling pilot projects.  Status: SB 458 has been signed into law by the Governor.  RCRC Position: Support

Senate Bill 563 (Lara): Residential Wood Smoke.  Senate Bill 563 would establish the Woodsmoke Reduction Program to replace old wood-burning stoves with cleaner and more efficient alternatives. Status: SB 563 has been signed into law by the Governor. RCRC Position: Support

Senate Bill 568 (Lara): Primary Elections: Election Date.  Senate Bill 568 would permanently place the Presidential Primary Election and the Gubernatorial Primary Election in March.  Status: SB 568 has been signed into law by the Governor.  RCRC Position: Oppose

Senate Bill 649 (Hueso): Wireless Telecommunications Facilities.  Senate Bill 649 would amend an existing law which provides that a wireless telecommunications collocation facility is subject to a city or county discretionary permit and is required to comply with specified criteria. Status: SB 649 awaits the consideration of the Governor. RCRC Position: Requesting Veto