The California Constitution begins with individual rights, then provides the powers of direct democracy reserved to the people, followed by establishment of the State, and then to the three branches of government. In total these non-federal entities represent about 43% of the states forest areas. Welfare, public assistance or Medicaid matters 4. The multitude of state agencies and regulators involved with reviews and approval authority have significantly inhibited needed forest management health activities as identified in the report as follows: “While the multiple state permits required to carry out many forest health activities (described in Figure 7 on page 12) are intended to protect against undue negative environmental impacts, these requirements are likely inhibiting some of the potential positive environmental effects that improved forest health could yield. State vs. Federal Law. The Executive Order directs the California Department of Forestry and Fire Protection (CAL FIRE), in consultation with other state agencies and departments, to recommend immediate, medium and long-term actions to help prevent destructive wildfires. Wills, inheritances and estates 5. For example, the Sierra National Forest has lost nearly 32 million trees, representing an overall mortality rate of between 55 percent and 60 percent. In the United States of America v. Kleinman 2018 DJDAR 711, the defendant began operating purported medical marijiana collectives in California in 2006. Figure 5 describes specific activities that managers typically undertake to improve the health of forests. The primary difference between the federal government and the state governments is the scope of their legal powers. When California conforms to federal tax law changes, we do not always adopt all of the changes made at the federal level. Additionally, federal and state agencies have established agreements for collaborative fire suppression efforts across jurisdictions when fires do occur.”. The very important function of timber harvesting on both state and federal regulated forests has been particularly hard hit and is described in the LAO report as follows: “Figure 4 shows the amount of timber harvested in California on both private and public lands over the past 60 years. Additional efforts around protecting lives and property through home hardening and other measures must be vigorously pursued by government and stakeholders at all levels concurrently with the pursuit of the recommendations in this report. These projects can be implemented immediately if recommendations in this report are taken to enable the work. The LAO report issues noted above do not represent all of the problem areas identified in this report but provide a clear portrayal of the staggering and mind numbing complexity and ineffectiveness of the states governmental and regulatory agencies and policies that have led to the present debacle in California forest management with the result being significantly increased wildfire risks and occurrences with devastating results in California’s communities. This result has made it more difficult and expensive to undertake needed forest thinning. However, a significant number of bioenergy facilities have closed over the course of the past two decades. Founding fathers used this idea to create a government that would follow this idea too. These changes have also contributed to changing the relative composition of trees within the forest such that they now have considerably more small trees and comparatively fewer large trees. These include families, individuals, conservation and natural resource organizations, and Native American tribes. Typically, open pile burns require air quality permits from local air districts, burn permits from local fire agencies, and potentially other permits depending on the location, size, and type of burn. Founding fathers used this idea to, create a government that would follow this idea too. The patchwork of Federal, State, local government and private entities which own California’s forest is displayed below in Figure 3 from the LAO report. The study noted the following regarding the long term climate behavior of drought and precipitation in the West: “Severe drought is the greatest recurring natural disaster to strike North America. These numerous agencies are defined in Figure 7 below. These results established natural climate drivers are behind the extensive drought and precipitation cycles over the last more than 1,000 years as noted in the graph provided below indicating that the politically driven claims by climate alarmists that “climate change” is driving drought and precipitation outcomes in the West is flawed. Indeed, a January report from the SUNY Rockefeller Institute of Government found that just eight states gave more to the federal government in 2018 than they received in federal … The study clearly identifies the multiple entities that have ownership responsibility for California’s forestlands including state, federal, local agencies and private parties having numerous regulatory, environmental and administrative responsibilities and authorities relative to California’s forest and the manner in which these agencies share jointly in the responsibilities for addressing actions needed to improve the forest health and watershed management. As such, nationally, the federal government spent $1.22 per dollar in taxes received. Solutions to address this concern have been attempted—most notably, the implementation of NTMP (Non-Industrial Timber Management Plan) and the more recent Working Forest Management Plan program, which have fewer planning requirements for smaller landowners and are valid for a longer time period compared to THPs. The issue cropped up well into a yearlong, estimated $2 billion-plus cleanup operation at about 11,000 properties in Paradise, Concow, and Magalia that burned in November’s Camp Fire, the most destructive blaze in state history. These most recent actions however represent only very small part of magnitude of the forest management and wildfire problems that must be dealt with by California that will take many years to address. This policy includes both naturally caused fires and intentionally prescribed fires. Governor Newsom had to invoke the declaration of a State of Emergency in late March of this year to waive California’s onerous and overbearing environmental laws and regulations to allow for these actions to commence in a timely manner. The Constitution was created to make sure, people and the government of this nation follow what is rightly in it. Introduction to Federal Government Contracting. This led to the requirement that a THP be prepared anytime harvested trees are to be sold. However, selling any forest products commercially usually requires additional documentation, such as a THP. The increase in tree density can have a number of concerning implications for California’s forests—including increased mortality caused by severe wildfires and disease—as displayed in the figure and discussed below.”. Judiciary is responsible for overseeing if laws are, rightfully applied in all kinds of matter that are brought to the courts. … California government is established by the California Constitution, and it consists of three branches: the executive, the legislative and the judicial. When sold, the revenue generated from sales can help offset the cost of restoration activities. Answer Save. Divorce and family matters 3. The state has filed 29 lawsuits against the federal government since President Trump took office, on issues including immigration, the environment and voting rights. The differences between the four branches of california to that of the federal government. They created multiple. State governments have the same structure as the federal government, which means they have executive, judicial and legislative branches. For more information, go to ftb.ca.gov and search for conformity . The revelation that some stream-side properties are now on hold triggered a strong public rebuke Thursday from two local legislators who said they heard about the issue from angry constituents on the ridge.”. Real estate a… Specifically identified in the report is an extremely important requirement often ignored by those trying to assign or deny responsibility for California’s forest management problems on the basis of who owns these lands. Cal Fire estimates the level of threat based on a combination of anticipated likelihood and severity of a fire occurring.”, “In addition to increasing fire risk, overcrowded forests and the associated competition for resources can also make forests less resilient to withstanding other stressors. The report summaries this issue as follows: “Some stakeholders report that costs associated with the limited options for utilizing or disposing of woody biomass can prohibit them from undertaking projects that would improve the health of their forestlands, or limit the amount of acres they are able to thin. Details on the projects and CAL FIRE’s analysis can be found online which will remain updated in the coming months. California government and the Federal government are one and the same but also differ, because they both work in different ways, they both only have so much power, and state, government have more of an influence on most Americans than federal government. California superior courts. The Federal government, on the other hand, makes laws, treaties etc. Criminal matters 2. In terms of duration, these past megadroughts dwarf the famous droughts of the 20th century, such as the Dust Bowl drought of the 1930s, the southern Great Plains drought of the 1950s, and the current one in the West that began in 1999 and still lingers on as of this writing in 2005.”. This vulnerability has been on display in recent years, as an estimated 129 million trees in California’s forests died between 2010 and 2017, including over 62 million dying in 2016 alone. The excuse that “climate change” has caused these problems is nothing but scientifically unsupported propaganda being used in an attempt to conceal that the state government is really responsible for these outcomes. Also addressed in the LAO analysis is a discussion of the huge backlog of forest lands requiring actions to restore forest health and decrease wildfire risks including 20 million acres on state regulated lands and 9 million acres of federally regulated lands noted as follows: “The draft Forest Carbon Plan states that 20 million acres of forestland in California face high wildfire threat and may benefit from fuels reduction treatment. These closures have occurred as facilities—largely built in the 1980s—fell out of compliance with more modern air and energy standards, and as bioenergy has increasingly had to compete with cheaper energy sources such as wind, solar, and natural gas.”. These include families, individuals, conservation and natural resource organizations, and Native American tribes. Foregoing that revenue reduces the total number of projects that can be undertaken with limited resources. California government and the Federal government are one and the same but also differ because they both work in different ways, they both only have so much power, and state government have more of an influence on most Americans than federal government. Despite complying with California state law, the Federal government’s DEA seized evidence and a grand jury indicted the defendants resulting in a federal … Bankruptcy law 3. As discussed later, the federal government also funds a number of grant programs to encourage collaborative projects on both federal and nonfederal forestlands. For example, federal law has a provision—known as the “Good Neighbor Authority”—that allows states to fund and implement forest health projects on federally owned land, By: Admin - Climate DepotSeptember 16, 2020 8:04 PM, https://wattsupwiththat.com/2019/05/14/californias-government-solely-responsible-for-states-forest-management-and-wildfire-debacle/, California’s government solely responsible for states forest management and wildfire debacle. Should California's state law to allow Marijuana override Congress's? The inept government, political and regulatory policies of California have clearly driven the present forest management calamitous conditions with that failure leading to disastrous wildfires throughout the state. In some cases, weather conditions are such that a prescribed burn might affect air quality conditions in a nearby community in violation of the air quality permit. bureaucracy is not a branch of government… For years, Americans have looked at federal assistance programs with growing scrutiny, and under the current administration, the number of people dependent on government assistance was decreasing prior to … Using locally developed and vetted fire plans prepared by CAL FIRE Units as a starting point, CAL FIRE identified priority fuel reduction projects that can be implemented almost immediately to protect communities vulnerable to wildfire. The Agreement for Shared Stewardship of California’s Forest and Rangelands includes a commitment by the federal government to match California’s goal of reducing wildfire risks on 500,000 acres of forest land per year. State and local governments own about a 3 percent (1 million acres) combined. This is fortunate, because the federal governments exposure is so much greater. governments within one government to make sure one cannot have more power over the other. There is strong archaeological evidence for the destabilizing influence of these past droughts on advanced agricultural societies, examples that should resonate today given the increasing vulnerability of modern water-based systems to relatively short-term droughts.”, “Recent advances in the reconstruction of past drought over North America and in modeling the causes of droughts there have provided important new insights into one of the most costly recurring natural disasters to strike North America. National governments, for … In California, each resident is sending in $348 more than they get back. Federal criminal laws (i.e. The federal government changed its priority in 1964 from fire control to fire management as noted in the report: “The passage of the 1964 Wilderness Act encouraged allowing natural processes to occur, including fire. So the federal government’s ability to absorb pension obligations is greater than California’s. Where will he find the money to fund them? Federal vs. National Government. The patchwork of Federal, State, local government and private entities which own California’s forest is displayed below in Figure 3 from the LAO report. money counterfeiting)The following issues are determined and legalized by the state: 1. While the government has shelled out around $750 billion total to states during this crisis, it faces questions about whether the distribution has been truly equitable and efficient. In fact the article states that: “Some researchers aren’t yet convinced that the results show a clear human influence on past drought trends.”, “But scientists have had a tougher time picking out the effects on precipitation, which should increase in some places and decrease in others.”, “Part of the problem is that the changes driven by humanity’s production of greenhouse gases usually get swamped by the tremendous natural variability of the climate system, particularly when studying the history of a specific region.”, “Other researchers said the study authors’ method can’t determine whether the soil moisture changes recorded in the tree ring data occurred because of an increase in greenhouse gases or because of natural causes — which are also included in the model simulations used to create the fingerprint. While this approach is often less expensive than efforts to use biomass, it still requires landowners to invest significant time, planning, and funding. While this is a relatively small share of the over 4 billion trees in the state, historically, about 1 million of California’s trees would die in a typical year. There is a very small distinction between a federal and national government. As such, nationally, the federal government spent $1.22 per dollar in taxes received. Private nonindustrial entities own about one‑quarter (8 million acres) acres of forestland. Additional information can be found in FTB Pub. There are a significant number of state polices and practices which have exacerbated the ability to proceed with needed timber harvests noted as follows: “We find that one key component of the state’s FPR (Forest Practice Rules) —that a THP (Timber Management Plan) or other timber management plan generally must be prepared any time timber is removed from the forest and sold commercially—may be inhibiting some beneficial forest restoration work. This shift reflects a growing resurgence in the perspective that moderate fires can have beneficial effects on forestlands, such as clearing out smaller brush and stimulating natural processes like tree seed dispersal and replenishment of soil nutrients.”. The Constitution gives the state governments all powers that aren’t given exclusively to the federal government. The state government is a specific version of our federal government. We have seen that both California and the federal government face high and rising pension costs, and that each has not fully accounted for these obligations. The Cal Fire and LAO reports present a real world picture identifying that California’s government and regulatory agencies are responsible for the present terrible condition of California’s forests along with the resulting increased wildfire risks and occurrences. For example, several federal laws were passed in the 1970s that shifted the USFS’s forest management objectives away from production forestry and more toward conservation and ecosystem management. We do have individual state constitutions, but we are a connected nation. More recently, the economic recession in the late 2000s sharply reduced demand for new housing construction, thereby also suppressing demand for timber. The federal Constitution vests the federal government with specified powers, but the powers not enumerated in the federal Constitution are reserved to the states under the Tenth Amendment. California’s government and regulatory agency policies, procedures and actions are out of step with the need to address forest management actions in a manner that effectively enhances forest health and decrease wildfire risks and occurrences. Implementing several of these recommended actions is necessary to execute the priority fuel reduction projects referenced above. There is an ongoing negotiation over the balance of power between the two levels. Prince Charles: ‘We can learn so much from indigenous communities’ on living in balance with the natural world – ‘Mother Nature is our sustainer’, Analysis: Wind and solar are losing ground to gas – USA ‘increased its fossil fuel generating capacity by 3 times as much as it did for renewables’, When Obama made the UN Paris climate agreement end run, German MP suggests restrictions ‘similar’ to Covid-19 lockdowns to fight ‘climate change’ – Warns ‘there will never be a vaccine against CO2’, ‘As false as anything Twitter or Facebook have censored’ – Michael Shellenberger rebuts Biden’s claim that climate change will ‘threaten… literally, the existence of our planet’, The Threat of Authoritarianism in the U.S. is Very Real, and Has Nothing To Do With Trump, Analysis: Big ‘Green’ is after more power & money: ‘The movement has nothing to do with the environment’ – ‘Goliath doesn’t deal in billions. Moreover, these smaller trees can serve as “ladder fuels” that carry wildfire up into the crowns of taller trees that might have otherwise been out of reach, adding to a fire’s potential spread and intensity. It deals in trillions’, Bill Gates’ Savior Complex: Funds Sun-Dimming Plan To Save the Human Race, LA Times: Bye, Bye ‘Climate depression’ – ‘For young Californians, climate change is a mental health crisis too’ – But children are turning to activism & ‘literally organizing out of climate anxiety’, New Research Shows The Oceans Can ‘Spontaneously’ Warm 8°C In Under 100 Years ‘Without External Trigger’, You May Need A COVID Vaccine Passport To Travel In 2021 – ‘Shown in order to enter concert venues, stadiums, movie theaters, offices, or even countries’, Punishing Companies For CO2 Emissions Won’t Affect Temps, Climate, ‘Virus gonna virus’ — regardless of what government does – Locked-down California runs out of reasons for surprising surge of COVID, Mexico’s president calls virus lockdowns ‘dictatorship’ – Lockdowns are ‘fashionable among authorities…who want to show they are heavy handed, dictatorship’, German Economist Says ‘Great Reset Will Cause a Crash Worse than 1930s’, Neil Ferguson reveals how China inspired lockdowns: ‘It’s a communist one-party state, we said. We are no longer separated states, but are now one united country. State and local governments own about a 3 percent (1 million acres) combined. Google Classroom Facebook Twitter. Specifically, in 1991, there were 54 woody biomass processing facilities across the state, with the capacity to produce around 760 megawatts of electricity. As such, California government and its Constitution are prohibited from violating fundamental rights provided by the United States Constitution. The 1,000 year long tree ring data record provided in the information above demonstrates that California has been subjected to extensive intervals of natural climate change driven cycles of droughts and precipitation events for centuries. The federal government, through the Supreme Court, also has the power to interpret and revise laws and … Third, weather conditions and other factors—such as wind speed, humidity, temperature, and air quality—must be within specified limits established in the burn plan and air quality permit.”, We found in different situations any of these three conditions can impede the ability of a VMP project to proceed. Claims that recent drought and precipitation events are somehow influenced by “man made climate change” are scientifically flawed and represent nothing but climate alarmist speculation and conjecture. The report provides a definition of what functions, duties and responsibilities are associated with performing forest management actions as follows: “Forest management” is generally defined as the process of planning and implementing practices for the stewardship and use of forests to meet specific environmental, economic, social, and cultural objectives. As shown in Figure 11, Cal Fire estimates that most forested regions of the state face a high to extreme threat of wildfires. The state has improperly focused priority on fire fighting instead of fire prevention that is achieved through effective forest management actions as shown in Figure 9 from the report. These restrictions limit the amount of biomass that can be disposed of and increase the per‑unit disposal costs. The Federal government of the United States has limited the use of marijuana since the 1937 Marijuana Tax Act came into effect. Searchable List of Multistate Settlements and Enforcement Actions “As discussed earlier, biomass that is not utilized is most frequently disposed of by open pile burning. Searchable List of Multistate Lawsuits; Statistics and Visualizations; Settlements and Enforcement Actions Show sub menu. California is not the owner of the three-mile marginal belt along its coast, and the Federal Government, rather than the State, has paramount rights in and power over that belt, an incident to which is full dominion over the resources of the soil under that water area, including oil. An example of the federal power vs the state power. The Constitution was created to make sure people and the government of this nation follow what is rightly in it. FMLA: Federal vs. California. Get Help with Government Contracting; The Contract Opportunities Search Tool on beta.SAM.gov; Small Business Taxes; Start Your Own Business; State Business Resources; U.S. Government Employees. Those responsible for this dire situation in the state government and its regulatory agencies along with their media supporters have tried to conceal the state’s role in manufacturing this debacle and instead falsely focus attention on scientifically unsupported claims of “climate change” as being responsible for California’s problems while Californians continue to suffer. 2 Answers. California also has local governments that consists of, counties, cities, special districts, and school districts. As discussed earlier, woody biomass typically is not useable in traditional lumber mills. However, based on our conversations with stakeholders, small landowners and proponents of forest restoration projects are finding that the costs and time associated with preparing one of these plans can be cost prohibitive. They therefore often forego preparing such plans, meaning they also forego the opportunity to earn revenues from selling any marketable timber. . The plan does not include associated cost estimates.”, “Based on its ecological restoration implementation plan, USFS estimates that 9 million acres of national forest system lands in California would benefit from treatment. The Judiciary branch regulates, applies, and interprets, Constitution. For example, federal law has a provision—known as the “Good Neighbor Authority”—that allows states to fund and implement forest health projects on federally owned land. (If the federal government did not spend more than it received in taxes, this ratio would be closer to $1.00.) Solutions. California, government is established by the California Constitution, and it consists of three branches: the, executive, the legislative and the judicial. (If the federal government did not spend more than it received in taxes, this ratio would be closer to $1.00.) 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