A. Agriculture, Livestock And Grazing Management: The custom and culture associated with the agriculture and livestock production in Malheur County is significant to the economic stability, livelihood and well being of its citizens and protection and use of their environment. The purpose of this section is to provide clear guidance to federal and state agencies and districts when actions taken by such entities affect or have the potential of affecting grazing or agricultural and livestock production in Malheur County.
1. In general, since the regulation of any aspect of agriculture or livestock production may impact the ability of county citizens to use land and use and conserve natural resources for agriculture and livestock purposes, all federal and state agencies and districts shall provide a detailed statement assessing the specific effects on custom, culture, economy and environment of Malheur County as well as the effect the action will have on any party or parties with interests in the land or grazing allotments that would be subject to the decision.
B. Cultural Resources, Recreation, Wildlife, Wilderness And Threatened And Endangered Species Planning And Management, Including Reintroduction And Relocation Of Species: The custom and culture associated with cultural resources, recreation, wildlife and wilderness in Malheur County are significant to the livelihood and well being of its citizens and protection and use of their environment. It is the continuing policy of Malheur County to: 1) assure for all citizens safe, healthful, productive and aesthetically and culturally pleasing surroundings, 2) preserve important historic, cultural and natural aspects of our county heritage, and 3) maintain whenever possible an environment which supports diversity, multiuses and variety of individual choice. The purpose of this section is provide clear guidance to federal and state agencies and districts when actions by such agencies and districts may affect cultural resources, recreation, wildlife and wilderness in Malheur County.
1. In connection with any action related to sensitive threatened or endangered plant or animal species, a federal or state agency or district shall:
a. At the earliest possible time, give actual written notice to Malheur County of the intent to consider or propose a species for listing, or to change or propose critical habitat;
b. Base the listing of a species on the best scientific and commercial data relating specifically to Malheur County and not generalized over a wider geographic area;
c. List a species as threatened or endangered only after taking into account the efforts of Malheur County to conserve the species;
d. Only implement a recovery plan if it will provide for conservation of a species;
e. In designating critical habitat, base the designation on the best scientific data available and, after taking into consideration economic impacts, exclude as critical habitat all impacted areas unless, based upon the best scientific and commercial data available, failure to designate would result in extinction of the species;
f. Complete and forward to Malheur County in a timely manner all documentation required by law when designating critical habitat;
g. Consider and directly respond to comments submitted by Malheur County;
h. Not develop protective regulations or recovery plans if a Malheur County plan is in place to protect effectively the species within Malheur County;
i. Protect the species through alternatives with the least impact on the custom, culture and economic stability and preservation and use of the environment of Malheur County; and
j. To the extent permitted by law, take appropriate action mitigation measure adopted with the concurrence of the county to mitigate adequately any impact on custom, culture, economic stability and protection and use of the environment, including any impact on public use and access and private property rights.
C. Land Acquisition And Disposition: Land is significant to the preservation of custom, culture and economy, and preservation and use of the environment and natural resources. In addition, land provides much of the tax base for vital public functions, such as funding of public schools and administration of county government. When land (including any interest in land) is acquired or held in trust by federal and state agencies and districts, it may be removed from this tax base and the citizens of Malheur County may suffer as a result. For these reasons, it is the policy of Malheur County that the design and development of all federal and state land acquisitions, including by forfeiture, donation, purchase, eminent domain or trust, and disposals, including adjustments and exchanges, be carried out to the benefit of the citizens of Malheur County.
D. Water Resources: Malheur County recognizes that the conservation and development of water resources are essential to preservation of the custom, culture and economic stability of its citizens and protection and use of their environment. To the extent permitted by law, federal and state agencies shall avoid taking actions affecting water rights and water resources that are incompatible with local custom, culture and economic stability or preservation and use of the environment, or that otherwise fail to protect private property rights and local determination.
1. Any proposed definition of wetlands, any action affecting the management of river flows or the sources or uses of irrigation, and any other federal, state or district action that has any effect on water rights or water uses with the county: a) shall be coordinated with the county, b) to the extent permitted by law, shall comply with all county water use plans and c) shall not violate any water rights.
2. To the extent permitted by law, Malheur County may develop, in coordination with private landowners and governmental agencies, water management plans that encompass water resources on both governmentally owned and privately owned lands.
3. To the extent permitted by law, Malheur County shall have the authority to establish development regulations for point source and nonpoint source water pollution. To the extent such authority is exercised, and otherwise in accordance with law, federal and state agencies and districts shall be subject to, and shall comply with all administrative requirements, controls, processes and sanctions of such development regulations.
4. The use of water that originates from sources outside of Malheur County has been and continues to be an important part in the preservation of custom, culture and economic stability and the protection and use of the environment of Malheur County. The provision of this section shall therefore apply full to actions taken by federal and state agencies and districts in any jurisdiction that affect water rights and water uses within Malheur County.
5. Before any federal or state agency or district acquires or agrees to acquire any interest in water rights in Malheur County, directly or indirectly or in trust, for any purpose (including for transfer to or use any other jurisdiction), by donation, purchase, condemnation or otherwise, such agency shall fully comply with all provisions of this chapter. In addition, federal and state agencies and districts shall not acquire for any public purpose any interest in water rights within Malheur County without: a) first coordinating and consulting with the county, and b) ensuring that private water rights are protected.
E. Clean Air: Malheur County recognizes that the conservation and use of clean air resources are significant to preservation of the custom, culture and economic stability of its citizens and protection and use of their environment.
1. Any federal, state or district action that has or could have the effect of changing existing use of air resources within the county shall be critically considered in relationship to the historic and current use of air resources in the county by humans, vegetation, livestock and wildlife. Any proposed designation of federal or state pollution nonattainment areas and any other federal or state action that has any effect on air resources within Malheur County shall be coordinated with the county and shall comply with all county air quality standards and use plans.
2. It is the intent of the county to assist federal and state agencies and districts in the planning and management of the county's natural, cultural, economic and environmental resources related to air quality. Malheur County shall have the authority to establish development regulations regarding air pollution and develop air quality protection plans of its own design. To the extent such authority is exercised, federal and state agencies and districts shall act in compliance with acceptance and enforcement of such regulations, to the extent permitted by law. In addition, the county shall have the authority to continue to develop, in coordination with private landholders and governmental agencies, air quality management plans that encompass clean air resources throughout Malheur County. To the extent such authority is exercised and otherwise as permitted by law, federal and state agencies and districts shall be subject to, and shall comply with, all administrative requirements, controls, processes and sanctions of such regulations and plans.
F. Mining And Minerals: Malheur County recognizes that the conservation and use of mining and mineral resources are significant to preservation of the custom, culture and economic stability of its citizens and protection and use of their environment.
1. Any federal, state or district action that has or could have the effect of changing existing use of mining or mineral resources within the county shall be critically considered in relationship to the historic and current use of such resources in the county.
G. Private Property Rights: Malheur County recognizes that the protection of private property rights is essential to preservation of the custom, culture and economic stability of its citizens and protection and use of their environment. Federal and state agencies and districts shall fully comply with case law, statutes, regulations, rules and guidelines concerning protection of private property rights in Malheur County. (Ord. 135, 12-5-2001)