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Activist calls for “Process of Coordination” as means for citizen’s involvement in government regulations

from Pearl Rains-Hewett

 

Posted 7/11/2012

 

Frank Pennwell San Juan County CAPR has shared the following information with me..

Executive Order 13575—Establishment of the White House Rural Council

June 9, 2011

Section 1. Policy. Sixteen percent of the American population lives in rural counties. Strong, sustainable rural communities are essential to winning the future and ensuring American competitiveness in the years ahead. These communities supply our food, fiber, and energy, safeguard our natural resources, and are essential in the development of science and innovation. Though rural communities face numerous challenges, they also present enormous economic potential. The Federal Government has an important role to play in order to expand access to the capital necessary for economic growth, promote innovation, improve access to health care and education, and expand outdoor recreational activities on public lands.

To enhance the Federal Government’s efforts to address the needs of rural America, this order establishes a council to better coordinate Federal programs and maximize the impact of Federal investment to promote economic prosperity and quality of life in our rural communities.

Franks’ letter to the BLM requesting initiating of the process follows. (modified to send as a email)

Could the Clallam County Commissioners, CAPR, 4C’s or some other  non-governmental organizations on issues of interest to rural America.  (Ref. EO 13575 Sec. 4 (b)) pursue this process in Clallam County on the Wild Olympics?

Sec. 4. Mission and Function of the Council. The Council shall work across executive departments, agencies, and offices to coordinate development of policy recommendations to promote economic prosperity and quality of life in rural America, and shall coordinate my Administration’s engagement with rural communities.

Pearl Rains Hewett

 


 

 

Daniel Picard,Manager

BLM Spokane District
1103 N Fancher Road
Spokane, WA 99212
Telephone: 509-536-1200,   dpicard@blm.gov

 

 

SENT VIA EMAIL AND POSTAL MAIL

 

Dear Daniel Picard,

This letter initiates the process of coordination between the United States Bureau of Land Management and Citizens Alliance For Property Rights San Juan (CAPR SJ), according to the authority established by federal law.

            The first step in the process is to schedule a meeting starting the interactive communication required for meaningful coordination as required by Executive Order 13575, signed by President Obama June 9, 2011. 

            Pursuant to this coordination process we want to hold our first meeting with you as soon as possible.  We ask that you arrange to meet with us on one of the following dates:  May 9, May 10, or May 11, at the San Juan Library or the San Juan Grange.   We recommend that the meeting start any time between 10 am and 2 pm for your travel plan convenience.  Please contact CAPR SJ by April 25, 2012 to schedule this meeting.  If, for good reason, none of the above dates are feasible, please suggest a workable meeting date when you contact CAPR SJ.

            This request is based on the following settled law:
Background on coordination and Executive Order 13575;

(1)   Executive Order 13575, signed by President Obama June 9, 2011, requires all federal agencies to coordinate with state, local, and tribal governments, c

(2)  The meaning of coordination in the Executive Order is the same as that which has been used and defined by the Department of Justice, which is “being equal in importance, rank or degree; not subordinate”.

(3)   Executive Order 13575 has raised the level of general public involvement to coordination.  Also, Executive Order 13575 states very clearly its purpose is “To enhance the Federal Government’s efforts to address the needs of rural America, this order establishes a council to better coordinate Federal programs and maximize the impact of Federal investment to promote economic prosperity and quality of life in our rural communities.”

(4)    In Executive Order 13575 President Obama established the White House Rural Council which provides in section 4(b) that your mission is:  “coordinate and increase the effectiveness of Federal engagement with rural stakeholders, including agricultural organizations, small businesses, education and training institutions, health-care providers, telecommunications services providers, research and land grant institutions, law enforcement, State, local, and tribal governments, and nongovernmental organizations regarding the needs of rural America;”

(5)   The Federal Land Policy and Management Act (FLPMA) – 43 USC 1701-1785.  (We recognize that the Act governs grazing range lands, but it also includes a Congressional definition of “coordination” which is applicable in pari materia to any federal government use of the word.)

(6)   The National Forest Management Act (NFMA) – 16 USC 1600-1614,

(7)    The National Environmental Policy Act (NEPA) – 42 USC 4321-4347,

(8)     The Endangered Species Act (ESA) – 16 USC 1531-1544,

(9)      Meaningful coordination is also required in order for federal agencies to comply with the following additional Executive Orders issued by the President of the United States to whom all federal agencies must answer;
Executive Order 12630 and Executive Order 12866.

 

            Because of the many policies currently in place and multiple ongoing policy development efforts impacting communities in the State of Washington in regard to United States Bureau of Land Management policies and activities, we find  time is of the essence and it is crucial that a coordination meeting be scheduled as soon as possible.

            We look forward to a productive and long-term coordination relationship built upon the solid foundation which we will establish with this meeting between you, your staff and CAPR SJ.  Thank you.

 

Respectfully yours,

 

Frank M Penwell, President

Citizens Alliance For Property Rights San Juan

 

Attachments:

Ferry schedule – attached

Flight and charter service information                        http://www.sanjuanairlines.com/flights-to-friday-harbor.cfm

 

Executive Order 13575—Establishment of the White House Rural Council

 

June 9, 2011

 

By the authority vested in me as President by the Constitution and the laws of the United States of America and in order to enhance Federal engagement with rural communities, it is hereby ordered as follows:

 

Section 1. Policy.

Sixteen percent of the American population lives in rural counties. Strong, sustainable rural communities are essential to winning the future and ensuring American competitiveness in the years ahead. These communities supply our food, fiber, and energy, safeguard our natural resources, and are essential in the development of science and innovation. Though rural communities face numerous challenges, they also present enormous economic potential. The Federal Government has an important role to play in order to expand access to the capital necessary for economic growth, promote innovation, improve access to health care and education, and expand outdoor recreational activities on public lands.

To enhance the Federal Government’s efforts to address the needs of rural America, this order establishes a council to better coordinate Federal programs and maximize the impact of Federal investment to promote economic prosperity and quality of life in our rural communities.

 

Sec. 2. Establishment.

There is established a White House Rural Council (Council).

Sec. 3. Membership.

(a) The Secretary of Agriculture shall serve as the Chair of the Council, which shall also include the heads of the following executive branch departments, agencies, and offices:

(1) the Department of the Treasury;

(2) the Department of Defense;

(3) the Department of Justice;

(4) the Department of the Interior;

(5) the Department of Commerce;

(6) the Department of Labor;

(7) the Department of Health and Human Services;

(8) the Department of Housing and Urban Development;

(9) the Department of Transportation;

(10) the Department of Energy;

(11) the Department of Education;

(12) the Department of Veterans Affairs;

(13) the Department of Homeland Security;

(14) the Environmental Protection Agency;

(15) the Federal Communications Commission;

(16) the Office of Management and Budget;

(17) the Office of Science and Technology Policy;

(18) the Office of National Drug Control Policy;

(19) the Council of Economic Advisers;

(20) the Domestic Policy Council;

(21) the National Economic Council;

(22) the Small Business Administration;

(23) the Council on Environmental Quality;

(24) the White House Office of Public Engagement and Intergovernmental Affairs;

(25) the White House Office of Cabinet Affairs; and such other executive branch departments, agencies, and offices as the President or the Secretary of Agriculture may, from time to time, designate.

(b) A member of the Council may designate, to perform the Council functions of the member, a senior-level official who is part of the member’s department, agency, or office, and who is a full-time officer or employee of the Federal Government.

(c) The Department of Agriculture shall provide funding and administrative support for the Council to the extent permitted by law and within existing appropriations.

(d) The Council shall coordinate its policy development through the Domestic Policy Council and the National Economic Council.

 

Sec. 4. Mission and Function of the Council.

The Council shall work across executive departments, agencies, and offices to coordinate development of policy recommendations to promote economic prosperity and quality of life in rural America, and shall coordinate my Administration’s engagement with rural communities. The Council shall:

(a) make recommendations to the President, through the Director of the Domestic Policy Council and the Director of the National Economic Council, on streamlining and leveraging Federal investments in rural areas, where appropriate, to increase the impact of Federal dollars and create economic opportunities to improve the quality of life in rural America;

(b) coordinate and increase the effectiveness of Federal engagement with rural stakeholders, including agricultural organizations, small businesses, education and training institutions, health-care providers, telecommunications services providers, research and land grant institutions, law enforcement, State, local, and tribal governments, and nongovernmental organizations regarding the needs of rural America;

(c) coordinate Federal efforts directed toward the growth and development of geographic regions that encompass both urban and rural areas; and

(d) identify and facilitate rural economic opportunities associated with energy development, outdoor recreation, and other conservation related activities.

 

Sec. 5. General Provisions.

(a) The heads of executive departments and agencies shall assist and provide information to the Council, consistent with applicable law, as may be necessary to carry out the functions of the Council. Each executive department and agency shall bear its own expense for participating in the Council. 2 3

(b) Nothing in this order shall be construed to impair or otherwise affect:

(i) authority granted by law to an executive department, agency, or the head thereof; or

(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA

The White House,

June 9, 2011.

[Filed with the Office of the Federal Register, 11:15 a.m., June 13, 2011]

NOTE: This Executive order was published in the Federal Register on June 14.

Categories:

Executive Orders : White House Rural Council, establishment.

Subjects:

White House Office : Rural Council, White House. DCPD Number:

DCPD201100431.

In accordance with Title 17 U.S.C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment for non-profit research and educational purposes only. [Ref. http://www.law.cornell.edu/uscode/17/107.shtml]

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