By These Estimates, California Receives $0.99 in Federal Expenditures Per Dollar of Taxes Paid. 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. The State government only takes into account itself—California in this case. Also, while fuels treatment such as forest thinning and creation of fire breaks can help reduce fire severity, wind-driven wildfire events that destroy lives and property will very likely still occur. While these strategies reduce regulatory costs for landowners compared to preparing THPs, they still present substantial upfront costs that are problematic for some small landowners.”. Other top positions in that branch are: Lieutenant Governor, Attorney General, Secretary of State and more. When sold, the revenue generated from sales can help offset the cost of restoration activities. 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 Federal government of the United States has limited the use of marijuana since the 1937 Marijuana Tax Act came into effect. California also has intermediate, appellate courts that are divided into six courts. For instance, there’s evidence that the sun emitted slightly more energy over the first half of the 20th century, which also affected the climate.”. As such, nationally, the federal government spent $1.22 per dollar in taxes received. 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. In the United States of America v. Kleinman 2018 DJDAR 711, the defendant began operating purported medical marijiana collectives in California in 2006. 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. As such, California government and its Constitution are prohibited from violating fundamental rights provided by the United States Constitution. We couldn’t get away with it in Europe, we thought… and then Italy did it. When dead trees fall to the ground they add more dry combustible fuel for fires, as well as pose risks to public safety when they fall onto buildings, roads, and power lines.”. Other recommendations are intended to put the state on a path toward long-term community protection, wildfire prevention, and forest health. to help the nation as a whole. Industrial owners—primarily timber companies—own 14 percent (4.5 million acres) of forestland. As discussed later, the federal government also funds a number of grant programs to encourage collaborative projects on both federal and nonfederal forestlands. The federal government, under the powers of the U.S. Constitution, is given the power to make laws, veto laws, oversee foreign policy and national defense, impose tariffs, impeach officials, enter into treaties, interpret the Constitution, interpret laws and revise laws that allow one state to impede on the rights of another. In Iowa, each resident is receiving $797 more back in federal services than they paid in taxes. Founding fathers used this idea to, create a government that would follow this idea too. ‘Intends to insert new money for climate plans in every department budget’. 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. For example, the guidelines allow more burning to take place under different weather conditions, such as slightly higher wind or temperature conditions.”. These include families, individuals, conservation and natural resource organizations, and Native American tribes. These practices and policies have combined to constrain the amount of trees and other growth removed from the forest. The draft Forest Carbon Plan sets a 2020 goal of increasing the pace of treatments on USFS lands from the current average of 250,000 acres to 500,000 acres annually, and on BLM lands from 9,000 acres to between 10,000 and 15,000 acres annually.”. "The federal government through the U.S. Forest Service (USFS), Bureau of Land Management (BLM) and National Park Service owns about 19 million acres of the total 33 million acres of forestlands in the state of California representing about 57% of the forest areas. Supreme court of California consists of a Chief Justice and six associate, justices. For example, the Sierra National Forest has lost nearly 32 million trees, representing an overall mortality rate of between 55 percent and 60 percent. The federal government is expressly given the power to make and veto laws, oversee national defense and foreign policy, impeach officials, impose tariffs and enter into treaties. An example of the federal power vs the state power. The Federal government takes into account the whole nation—United States in this case—when governing. This result has made it more difficult and expensive to undertake needed forest thinning. Historically, much of this excess forest product was burned to produce bioenergy. 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. Amendments instituted by Gov. 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. With an emphasis on taking necessary actions to protect vulnerable populations, and recognizing a backlog in fuels management work combined with finite resources, the Governor placed an emphasis on pursuing a strategic approach where necessary actions are focused on California’s most vulnerable communities as a prescriptive and deliberative endeavor to realize the greatest returns on reducing risk to life and property. This preview shows page 1 - 3 out of 7 pages. 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. 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 report notes that: “Dense forest stands that are proliferated with small trees and shrubs contain masses of combustible fuel within close proximity, and therefore can facilitate the spread of wildfires. Industrial owners—primarily timber companies—own 14 percent (4.5 million acres) of forestland. They therefore often forego preparing such plans, meaning they also forego the opportunity to earn revenues from selling any marketable timber. The Family and Medical Leave Act (FMLA) is a federal law with specific manifestations at the state level. Background. State vs. Federal Law. (If the federal government did not spend more than it received in taxes, this ratio would be closer to $1.00.) In particular, stakeholders suggest that undertaking large‑scale, multiphase treatments across many acres of forest land—referred to as “landscape‑level” projects—can be particularly difficult given existing permitting structures. The differences between the four branches of california to that of the federal government. 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. The state of California continues to fight federal leadership on immigration, now with Attorney General Xavier Becerra planning to sue the administration if it adds a question about citizenship on the 2020 Census. Millions of acres are in need of treatment, and this work— once completed—must be repeated over the years. Criminal matters 2. Both “federal” and “national” are terms used to describe governments that are being ascribed by the many governments around the world. Structurally, the United States Constitution including it’s amendments provides citizens basic rights and the California Constitution elaborates with additional protections in ways that the federal Constitution does not. Wills, inheritances and estates 5. Civilian and military pension benefits consume a proportionately larger amount of the federal revenue than the share of total state revenue absorbed by CalPERS and CalSTRS contributions. Cal Fire has identified a series of high priority wildfire policy actions that need to be addressed and that reflect decades long policy inaction by the state which have led to the buildup of increasing wildfire risks that are responsible for the severity of recent California wildfires. It is important to note that California faces a massive backlog of forest management work. 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 … Details on the projects and CAL FIRE’s analysis can be found online which will remain updated in the coming months. 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. Where will he find the money to fund them? The highest office in California, and in every state, is that of the governor. Should California's state law to allow Marijuana override Congress's? Real estate a… 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. The federal government, through the Supreme Court, also has the power to interpret and revise laws and … The FPR were initially created to regulate timber harvesting on private lands in order to ensure that logging was done in a sustainable manner. While subject to annual variation, total timber harvesting in California has declined by over two‑thirds since the late 1950s. 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.”. 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. So the federal government’s ability to absorb pension obligations is greater than California’s. 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. 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. Patent and copyright laws 6. 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. Overall, the federal government has much greater exposure to pension costs that does the state of California. California vs. Federal Government. As such, federal and state agencies have developed certain arrangements to collaborate on management activities across California’s forests. The state has established a huge gauntlet of regulatory agencies whose policies, procedures and actions have interfered with, misdirected, wasted and delayed the use of appropriate resources that have led to the present forest management and wildfire catastrophe. 2 Answers. As such, nationally, the federal government spent $1.22 per dollar in taxes received. There is a very small distinction between a federal and national government. 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. Additionally, federal and state agencies have established agreements for collaborative fire suppression efforts across jurisdictions when fires do occur.”. . The Judiciary branch regulates, applies, and interprets, Constitution. As we discussed earlier, while certain permit exemptions and streamlined processes do exist—such as specific programmatic EIRs—these only apply for certain types of projects.”. Those laws included the National Environmental Policy Act (NEPA)—which requires federal agencies to evaluate any actions that could have a significant effect on the environment—and the Endangered Species Act—which prohibits federal agencies from carrying out actions that might adversely affect a species listed as threatened or endangered. 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. As shown in the figure, harvest rates have dropped from over 4.8 billion board feet in1988—its recent peak—to about 900 million in 2009, when it was at its lowest in recent history—a decline of over 80 percent.”, “These trends are due to a variety of factors, including changes in state and federal timber harvesting policies. 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. The very poor forest conditions that exist today are a consequence of decades of inappropriate forest management neglect and are described as follows: “As noted above, forest management practices and policies over the past several decades have (1) imposed limitations on timber harvesting, (2) emphasized fire suppression, and (3) instituted a number of environmental permitting requirements. 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 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. 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. These reconstructions reveal the occurrence of past “megadroughts” of unprecedented severity and duration, ones that have never been experienced by modern societies in North America. In total, CAL FIRE identified 35 priority projects that can be implemented immediately to help reduce public safety risk for over 200 communities. This requirement stipulates that regardless of ownership of the numerous forest properties the following key provisions apply: “While forest management responsibilities typically align with ownership, natural processes—such as forest fires, water runoff, and wildlife habitats—do not observe those jurisdictional boundaries. This policy includes both naturally caused fires and intentionally prescribed fires. They’ve been told to wait for representatives of several state and federal agencies to reach an agreement on environmental assessment guidelines. However, selling any forest products commercially usually requires additional documentation, such as a THP. The major distinction is that the state has a governor and the federal government has a president. For example, trees in dense stands become more vulnerable to disease—including infestations of pests such as bark beetles—and less able to endure water shortages from drought conditions. These restrictions limit the amount of biomass that can be disposed of and increase the per‑unit disposal costs. These numerous agencies are defined in Figure 7 below. Increased fire risks are present throughout the state driven by forest conditions that have been allowed to develop for years. This is fortunate, because the federal governments exposure is so much greater. 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. Efforts to extinguish active wildfires are not generally considered to be forest management activities, as they are more responsive than proactive.”. The California Legislative branch is a, bicameral body that has the California State Assembly, which has 80 members, and the, California State Senate with 40 members. 1001, Supplemental Guidelines to California Adjustments, the instructions for California Schedule CA (540 or 540NR), and the Business Entity tax booklets. Second, Cal Fire firefighters must be available in the same geographical area as the project in order to conduct the burn. California, government is established by the California Constitution, and it consists of three branches: the, executive, the legislative and the judicial. “As discussed earlier, biomass that is not utilized is most frequently disposed of by open pile burning. Private nonindustrial entities own about one‑quarter (8 million acres) acres of forestland. While this approach is often less expensive than efforts to use biomass, it still requires landowners to invest significant time, planning, and funding. The balance of federal powers and those powers held by the states as defined in the Supremacy Clause of the U.S. Constitution was first addressed in the case of McCulloch v. Maryland (1819). Most of the laws that apply to victims of domestic violence and sexual assault come from state laws – for example, laws that deal with protection orders, divorce, custody, crimes, and more. 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 primary difference between the federal government and the state governments is the scope of their legal powers. For more information, go to ftb.ca.gov and search for conformity . The Federal Government extorts desired behaviors from individual states by threatening to withhold Federal funds (especially highway funds) from those states if they do not comply with the desires of the Federal Government. Should California's state law to allow Marijuana override Congress's? States rights – Why … Additional information can be found in FTB Pub. According to the plan, Cal Fire estimates that to address identified forest health and resiliency needs on nonfederal lands, the rate of treatment would need to be increased from the recent average of 17,500 acres per year to approximately 500,000 acres per year. Implementing several of these recommended actions is necessary to execute the priority fuel reduction projects referenced above. Divorce and family matters 3. An extensive study published in ScienceDirect addressed the North American drought history going back to year 800 using tree ring data. In contrast, at the end of 2017 there were only 22 operational facilities with a total capacity of 525 megawatts. Additionally, when entities want to use state funds to conduct a thinning project on federal forestlands, in certain cases they must conduct both the federally required NEPA review and certain components of the state required CEQA review, and undertake multiple public comment and scoping periods. Following are some of the issues that come under the federal law: 1. Most state governments are modeled after the federal government with three branches. 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.”. In total these non-federal entities represent about 43% of the states forest areas. However, the State’s government differs a little when compared to the Federal government. National governments, for instance, occupy the highest level of governance. 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. We explain these laws in a “plain language” format in the following sections. Private nonindustrial entities own about one‑quarter (8 million acres) acres of forestland. Federal criminal laws (i.e. We are no longer separated states, but are now one united country. 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. Lawsuits vs. the Federal Government Show sub menu. 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. Another state report completed in 2018 that received little attention by the media documents in much more detail the huge extent of the problems confronting California’s forest management responsibilities. Now that the question is here, we decide for the reasons we have stated that California is not the owner of the three-mile marginal belt along its coast, and that the Federal Government rather than the state has paramount rights in and power over that belt, an incident to [332 U.S. 19 , 39] which is full dominion over the resources of the soil under that water area, including oil. The state has filed 29 lawsuits against the federal government since President Trump took office, on issues including immigration, the environment and voting rights. They created multiple. These actions are summarized in the report noted above and include the following assessments: “Recognizing the need for urgent action, Governor Gavin Newsom issued Executive Order N-05-19 on January 9, 2019. 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. FMLA: Federal vs. California. Those government and political leaders that are responsible for this situation that has been decades in the making have tried to conceal their incompetence by making scientifically unsupported propaganda claims that “climate change” caused this situation. In the United States of America v. Kleinman 2018 DJDAR 711, the defendant began operating purported medical marijiana collectives in California in 2006. (If the federal government did not spend more than it received in taxes, this ratio would be closer to $1.00.) 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. As such, California government and its Constitution are prohibited from violating fundamental rights provided by the United States Constitution. It has been revised several times. Additionally, the state of California has a large number of regulatory agencies whose procedures and processes have significant impacts on the ability of actions to go forward in a timely and effective manner regarding necessary forest management efforts. 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. To reduce smoke, permits restrict the size of burn piles and vegetation that can be burned, the hours available for burns, and the allowable moisture levels in the material. State and local governments own about a 3 percent (1 million acres) combined. 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