The Federal Land Policy and Management Act ordered maintenance and improvement of the vegetation on the federally managed lands to provide forage for livestock and wildlife and habitat for wildlife. Even more pointed however were the instructions given to federal managers by the Public Rangelands Improvement Act of 1978. In 43 U.S.C. § 1901, the Congress found that the federally managed lands were producing "less than their potential for livestock, wildlife habitat, recreation, forage, and water and soil conservation benefits." The Congress further found in § 1901 that unsatisfactory vegetation conditions on public rangelands "prevent expansion of the forage resource and resulting benefits to livestock and wildlife production." The Congress also found that such conditions preventing an expansion of the forage resource and other unsatisfactory conditions on the public rangelands "may ultimately lead to unpredictable and undesirable long-term local and regional climatic and economic changes." In order to eliminate such conditions the Congress called for intensive planning and improvement of the condition of the federally managed rangelands so that "they become as productive as feasible for all rangeland values."
FIRE MANAGEMENT
Fire suppression will be guided by the need to achieve the highest level possible for protection of human safety and private property. The blanket fire suppression policy of the past has contributed to extensive juniper encroachment and sagebrush expansion to the detriment of watersheds, wildlife, and plant communities. New approaches will be evaluated to allow for fire suppression primarily in areas where fire would damage vegetation which will support and expand multiple use or would endanger human safety or private property. A "let bum" policy will be considered for areas where invading and expanding shrubs and trees are reducing the multiple use values of the rangeland. Controlled bums will be evaluated as a means of encouraging revitalization of rangeland vegetation which will support and expand multiple use.
Grazing rest prescriptions related to either wildfires or prescribed bums will be determined on a site specific basis. Where rest prescriptions are appropriate, they may include the year of the burn, light late season use in the year following the bum, and/or moderate late season use in the second year following the bum. Post fire grazing will not be limited when unbiased post fire monitoring and evaluation produces relevant, accurate data which demonstrates that grazing will not unduly harm the range.
The Walla Walla County Noxious Weed Control Board is the weed control authority for Walla Walla County. See RCW 17.10. The Walla Walla County Noxious Weed Control Board has ongoing programs to identify locations of all noxious weeds, and to initiate management and/or eradication efforts that will continue. All state agencies are required to control noxious weeds on state managed lands. The state law contemplates cooperation by the federal agencies in controlling noxious weeds on the federally managed lands. The Federal Public Rangelands Improvement Act virtually mandates such cooperation in order to improve "unsatisfactory condition" of the federally managed rangelands. Cooperative agreements and, if necessary, legal actions will be utilized to assure protection of vital land resources from noxious weed occupation or invasion.
WATER QUALITY, RIPARIAN AREAS AND WETLANDS
The Washington State Department of Ecology maintains jurisdiction over water quality enhancement and protection for point and non-point water quality impacts. This plan will address non-point impacts through development of site specific BMPs (Best Management Practice) only for those waters which have been specifically identified and documented as not mating beneficial use(s). Where water quality issues (not supporting beneficial use) have been documented to exist, a priority will be given to development and implementation of allotment management plans in these areas. Such areas will be evaluated and considered within the context of a watershed management approach rather than a specific site management approach. Extensive variation exists in riparian types, current condition, potential for change, disturbance factors, and opportunity for intensive management Therefore, general application of BMPs is not possible.
Special consideration will be given to natural occurrences and natural recovery systems. A natural state on a county wide basis would contain some areas in all condition classes and in various states of recovery which may not at all times support all beneficial uses. There will be no expectation that all areas will achieve and remain in a high condition class but that all areas will achieve a natural state in relation to time. The primary expectation shall be that systems achieve or maintain Proper Functioning Condition.
The development of BMPs for riparian management will be based on the best available science and will be balanced with the needs of the total ranch operations involved. The custom, culture, and economic stability of the County and private property rights and private property interests including investment backed expectations shall be protected in the application of all riparian area management plans.
There is a vast diversity of riparian areas in terms of stream or impoundment types, climatic factors, up and down stream watershed impacts, condition, trend, potential for improvement, and opportunity for management changes. With this in mind, all riparian management decisions will be resolved on a site specific basis.
Monitoring data which indicate an upward trend will be sufficient evidence to indicate that site specific BMPs are adequate to meet objectives for areas identified for improvement Walla Walla County will take a similar approach to all riparian management programs. The application of Best Management Practice(s) (BMPs) which are knowledgeable (have reasonable expectations for success) and reasonable (are physically and economically feasible) will be employed for riparian management plans and actions. These will be monitored and deemed adequate when monitoring shows an upward trend leading to support of appropriate beneficial uses. Monitoring may indicate that modifications are needed for site specific BMPs in order to achieve an upward trend.
Where off site impacts within a watershed affect riparian areas, the management plans shall recognize and consider any limitations to management, to improvement potential, and to potential end point condition.
Stubble height, utilization, and time of use shall not be used as management objectives or use standards. These factors may be addressed through BMPs such as off site water development, such as fencing to establish riparian pastures, and herding.
The Coordinating Committee and the Board will carefully evaluate implementation of the wetlands provisions of the Clean Water Act of 1988, 33 U.S.C. § 1344 by federal regulatory agencies, in order to assure that any person deprived of a property right, property interest including investment backed expectations by such implementation is compensated as directed by the 5th Amendment to the United States Constitution. The cost of a determination by a federal agency that land is a "wetland" should not be borne by the individual whose right or interest is adversely impacted. Such cost should be borne by society, as a whole in whose interest the agency purportedly acts to protect the "wetland."
In 1963 the Congress enacted the Outdoor Recreation Coordination Act which declared it "desirable that all American people of present and future generations be assured adequate outdoor recreation needs and resources." 16 U.S.C. Section 4601. The Congress authorized the Secretary of Interior to prepare and maintain "a continuing inventory and evaluation of outdoor recreation needs and resources." 16 U.S.C. 460L-1. The same Act requires the Secretary to consider the plans of federal agencies, states and local government and to cooperate with such planning units with respect to outdoor recreation. 16 U.S.C. 4601- l(c)(d).
Outdoor recreation is one of the multiple uses mandated for the federal lands by the provisions of the Federal Land Policy and Management Act.
Over the past decade the recreation use of the federal lands in Walla Walla County has dramatically increased. The openness of Walla Walla County provides many recreational opportunities for residents and visitors—winter and summer. Conflicts between recreation users and other users of the lands are minimal, and can be kept to a minimum by coordinated planning efforts by the County, federal and state agencies, recreational organizations and associations and members of the public. Such coordinated efforts should include development and implementation of a management plan which will include:
1) a review and evaluation of all existing open, limited and closed area designations imposed by the federal or state agencies in order to determine whether the existing designations are needed and appropriate;
2) collection and analysis of data relating to the demand for recreation use now and in the future as metropolitan areas grows;
3) collection and analysis of data relating to the impact of the various recreation uses on land values as identified by FLPMA;
4) continual review of the inventory of area designations and recreation needs;
5) identification of any adverse impact of recreation uses and development of mitigation plans rather than simply issuance of restrictions on use; and
6) continuing to gather public input as to designations of recreation areas.
By developing such a plan, the mandate of Congress that the federal lands should be available for recreation use can be met.
The Wilderness Act of 1964, 16 U.S.C. § 1131-1136, created a National Wilderness Preservation System to be composed of federally managed lands designated by Congress as "wilderness areas." The Act defined a wilderness as "an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain." The definition stated that a wilderness thus was in "contrast with those areas where man and his own works dominate the landscape." See 16 U.S.C. §1131 (c).
The Act provided that all suitable wilderness areas should be inventoried by the federal agency charged with management responsibility for the particular area. This inventory as well as recommendations by the agency as to whether the areas should be established as wilderness areas were to be completed within ten (10) years of passage. Then, in the Federal Land Policy Management Act of 1976, the Congress established a clear directive that by 1991, the Secretary of the Interior must review all road less areas of 5000 acres or more on the federally managed lands (identified as having wilderness characteristics as described in the Wilderness Act) and give to the President a recommendation as to the suitability or non-suitability of each such area for preservation as wilderness. See 43 U.S.C. §1782,
The Wilderness Act itself provided that even in designated areas livestock grazing "where established prior to September 3, 1964, shall be permitted to continue subject to such reasonable regulations as are deemed necessary by the Secretary..." 16 U.S.C. § 1133 (d) (4). The Federal Land Policy and Management Act provided in 43 U.S.C. § 1782 (c), that, during the period of review of prospective wilderness areas any existing "mining and grazing uses and mineral leasing" could continue "in the manner and the degree in which the same was being conducted on October 21» 1976." In State of Utah vs. Andrus, 486 Fed.Supp. 995 (U.S.D.C., Utah, 1979) the Chief Judge of the Utah Federal District Court ruled that under these statutory terms, the Bureau of Land Management has the authority to manage lands so as to prevent impairment of wilderness characteristics, unless the lands are subject to an existing use. If the lands are subject to an existing use such as grazing, or mining, the Bureau of Land Management may then regulate only so as to prevent unnecessary or undue degradation of the environment Nearly a decade later in Sierra Club vs. Hodel, 848 F.2d 1068 (Tenth Circuit 1988) the Court of Appeals for the Tenth Circuit held that valid existing use-rights in wilderness designated areas are exempt from the non-impairment standard. The Court approved the Bureau of Land Management's modification of its Interim Management Policy to provide that even if the exercise of existing rights did impair wilderness suitability, the exercise of the existing rights would be allowed to continue. See 848 F.2d at 1086-1088.
The Wilderness Act allows for recommendations for modification or adjustment of boundaries only after designation as wilderness. Current wilderness recommendations made by the Bureau of Land Management will be reviewed in relation to the impacts on natural resource based industries, on the economic stability of the County, and on the custom and culture of the citizens of Walla Walla County. A recommendation from the County will be forwarded to Congress based on this evaluation. Interim Management Policy will be followed with emphasis on protection of the total resource and grazing rights as recognized by federal statutes.
A recommendation from the County will also be forwarded to Congress that any prospective wilderness area which the Congress decides not to designate as wilderness, should be released from further wilderness consideration in land use plans for federally managed lands and National Environmental Policy Act decision making. This will eliminate the spectra of multiple land use being hampered or choked off indefinitely in "study areas" even though the land has not been determined to meet the wilderness requirements and qualifications set by the Wilderness Act.
NATIONAL WILD AND SCENIC RIVER SYSTEMS
Inventory data and recommendations on potential wild and scenic river segments within Walla Walla County should be carried forward to the Congress. The National Wild and Scenic Rivers Act, 16 U.S.C. §§ 1271-1287, provides the guidance for identification and designation of individual river segments for study and for recommendation for inclusion in the system in order to provide balance with Dams (development) and to provide unique representation within the national system.
Inaction by Congress as to current recommendations will be interpreted as a negative response if no action is taken within five years of the recommendation. Either in that event, or in the event Congress acts within five years and denies designation into the Wild and Scenic River System, Walla Walla County will seek release of the area which will allow full multiple use management of those river areas which the Congress fails to designate as included in the national system. As with wilderness study areas, such release will eliminate the spectra of multiple land use being hampered or choked off indefinitely even though the area is not designated as part of the national system.
Under 16 U.S.C. § 1283, any federally managed lands which include, border on, or are adjacent to any river included in or under consideration for inclusion in, the national system must be managed by the Secretary so as to protect such rivers in accordance with the purposes of the Act. However, 16 U.S.C. §1283 (b), provides that the section shall not be "construed to abrogate any existing rights, privileges, or contracts affecting Federal lands held by any private party without the consent of said party." (Emphasis added).
THREATENED AND ENDANGERED SPECIES
The Coordinating Committee and the Board will pay particular attention to any species designated in any category or classification for protection or consideration of protection under the Endangered Species Act and will act to require the agencies to comply with full procedural provisions of federal statutes.
Wildlife Management should maintain the balanced wildlife populations which our citizens have grown accustomed to enjoying in consumptive and non-consumptive manner. Big game populations have taxed available habitat in recent years as the populations of Deer and Elk have steadily increased. These increased populations have severely strained the habitat balance. As a result, big game impacts on private property and property interests have increased proportionally.
The eventual result of limiting populations strictly by available habitat is starvation and disease. This is not a socially acceptable alternative. The Washington State Department of Fish and Wildlife needs to be aware of big game impacts not only on private land forage supplies but on the property and property interest of permittees in their allotments. Hunting activity, allowable harvests and Departmental feeding programs must be coordinated with Walla Walla County to achieve a balanced multiple use.
Currently Elk populations are not being managed. Numbers are increasing in many areas and no target population has been identified.. Much better coordination of elk and deer hunting seasons with private property use and livestock management must be achieved. The planning effort will be directed at maintaining healthy balanced populations of wildlife and at establishing management plans including depredation hunts which respect private property rights and interests including investment backed expectations of the people of Walla Walla County.