or•~~~R roc,. ~_~~~~~3 HF~~~roUHL aF= F-~i=sciiuu~rzu~i OF= ItiiCir~f--~UFt~{c~F~cr t=i:1R f'1-~E F~iA1F~FiTl;t:~aN NEi•7T i"r~l:;k. t{iV~F7 I-VI'7-Ii=i1 iVi= Un t!-iis day the 14th deny af~ Oc•tat;er~, 1~~7 upan matiar~ made t,y Ca~n3nissianer, t_et~, seconded o;+ ~.::aRnmis3iar-~er~ Balciwain, ti~-~e i/as_~r t ur-animously approved by a vote! of 5-0-td, ti-Ee ~esali_itiar~ at IVon-S~_~ppar~t fior~ tt•ie Ftnter-ican F3e~-•itage f~tiver~ Iriitiatzve. RESOLUTION OF NON SUPPORT FOR THE Ai'~ERICAN HERITAGE RIVERS INITIATIVE Un #~ehalf' of I~.err Co~.anty, Texas we care trre ~_indersigned as d~_~ly elected officials and repr-•eser-~tataves of~ t#ie CC7mmlirilty, rho hereoy appose t#ie t~mer-•ican 1-ier it~ge Rivers Initiative. iie oppose t#ie interveritiorr of ti-~e federal goverrimerrt, agencies and employees into a~_rr local ~.aning, planning, land ~_~se arid water at.it#ior ity. We wi I i r•rot r•~_lt:iRiit rior support any pet i t iorr for federal designation o1= a river in o{_tr comm~_inity fior ttie ~lmericC'~n Heritage Rivers Initiative. Ar•ry per`SCin submitting a petition to the •Feder~ai goverr~~ment for tide ir~r=1~_rsion of a de~.~ignated r~ivE3r or- area ovitl-ri.r-. o~_ir-• .j~_irisdiction does so wit#io,_rt the a1~proval or conser-rt of the ci~..rly elected officials ca~r~d r~•epr-•eseritatives of tr'ris cc~mm~.rr•-~i•ty. Now, t#ierefor~e, be it resolved on t#iis the 14th day of ucto~~er~ 1991, tl-rat this r°~esolt_:tion srrall bfa exec•~_rted, made p~_rblic aril delivered to t#ie 6Jhite Hoarse t=o~_rnc:il on Nnvir--anmerital C;Ei.ralii~y iri i.Jashirrgtori, D. (::.. Signed i si Rober-••t f~l. Denso~r~ Cict, 1~+, 199 J Co~_tnty ,1 t_;dge Date IslJonattic-~n ~.et~ Uct. 14, 1991 Co~_rnty Commissioner mate i s/Br~_ice t7e#iler C~ct. 14, 1991 C:o~_irrty lvomrnissiorier Date r sr ~ . I-i. ~c-~ci;ey Uct. 1~+, 1y9 Coi.inty Commissioner liate !s/N. G~~. Daldwin Clct. 14, 1997 Co+_rrity Comrrrissaoner"' Date FROM Perry Bushong Real Estate PHONE N0. 2106403383 Oct. 01 1997 09:19AM P2 You are cordially ixnrited to attend a HI'L,L GO~IJNTRY CATT.GLWdM~TT meeting at chr+a Bell Parry's Big Springs Ranch, on Oct. 21, 1997, at -iO:QO. Lunch wilt be served at 12e00. Hi11 Country CattleWamen has a vary active Legislative Cotta~ittee, ds well as the statewide organization, Texas Cattlewomen, ~ the national organization, American tdationa7. Cattiewcymen. ~Te, as members of Hill Country Cattlewomen, conaet,~ed citizens, and constitue,~tg of each respective county listed above, are greatly cont~rned about the protection of otu' Private Prvpexty Rights in Texas, at'bd nationally. Ono of our mare recent aonoerns is the following: Quote frtxn 'i'be Davis Mou~taing Trans-Pecos Heritage Association Action i7odate, Sept. 1997, "American F~eritage Rivers Initiative Ber~ostes Law: Clinton Signs Lac+ecutive Order. Tn spite of the best etfvrts of proparty rights activists and concerned landowners across the nation, President Ciintaa~, on September 11, X997, signed the American Heritage Rivers Initiative (AHRT~ into law by Ex~ecvtive order. rn laymanrs farms, the AHRI is t1~e Clinton Ac~inistratfon~e way of gett3.ng catYtrol war the ~tatereheds of the nation. The President intends tv designate 10 river communities in 1997, then 10 more and 10 mere wi11 be added after that until all of the rivers in the nation have become federally desic,~ated arerts." (FYT, copy enclosed of this Act,,, iori_U,-x~date. We hope that you wi11 be able to ,join us for this meeting. - uo. of persons 1qy Oat 15, to 831a-64Q-3383, Joan Bushong, 'L,egisiative Chsn. HCGW. a~ zrc~ ., ~ hR~D~RICKSBuR~ .~_ r16 ~~ Oma Bell Ferry's tdtphone num5er: j ~~30'~232-5540 a7 ~-EO~ SR/J ~0 ---.-°_._.•- FROM Perry Bushong Real Estate PHONE NO. 2106403383 Sep. 29 1997 09:37AM P2 The Dais 1V.Iou~tairls ~~'~ rY'rar~.s-Pecos I~eritage Association ACTION UPDATE Volume 8, No. 2 September 1997 OFFICERS American Heritage Rivers initiative becomes Law; Clinton Signs Fxectrtive Order C.M. Van ERian President In spite of the best efforts of property rights BCtivists and concerned landowners 1V Wert E. Love across the nation, President Clirrton, o.n September 11, signed the American Heritage , Vice President Rivers Initiative {AHRI) into law by Executive Qrder. The AHRI is a strange, but dangerous presidential initiative designed allegedly to Martin Ross improve the performance of 13 federal agencies. According to the White House (;ouncil an Treasurer Environmental Quality (CEQ), if river communities apply for and receive a federal designa- tion as an American Heritage River, federal funds that already are budgeted for local Diane Lacy projects will be spent on bcal projects. Secretary Yes, yov read that correctly. If a community gives control to the federal government, money that already is budgeted for local projects will be spent on local projects. DIRECTORS In layman's terms, the AHRI is the Clinton Administration's way of getting control Nancy Beal overthe watersheds of the nation. The President intends to designate 10 rivercommunities E-arry Bell in 1967, then 1,d more and 10 more will be added afterthat until all of the rivers in the nation Bill Gearhart have become federally designatedareas. Dick Hughes Tom Johnson Because the Clinton Administration has billed the AHRI as a "bottom up° initiative, Joan Kelleher the Heritage Associations have worked with their members to stop the initiative at the IpCal (AHRI Becomes Law, continued on page 3) Chris Lacy u Devils River Minnow and Pecos River Rupfish ry Puckett J Rick Tate Hooked By Two Lures on one Line Becky Terry Jim White, III The Texas Parks and Wildlife Department (TPWD) istryingto encourage landown- ers toenter into a voluntary Conservation Agreement to protect the Devils River Minnow and Honorary Direcfor the Pecos River Puptish in hopes of avoiding the listing of these species. Both rivers are in Mrs. H.C. "Keck" Espy the Rio Grande watershed. The Heritage Associations urge caution in dealing with the agency. The U.S. Fish and Wildlife Service (the Service) has demons$rated on numerous STAFF occasions It does not honor these agreements, and the recent fisting of the jaguar is only ...__._.__ r__,!__.u__.__...~_A__.t____~__..a...~.~.......,...........s...:antahwQlw~wwiTwv..e. FROM Perry Bushong Real Estate PHONE N0. 21064O33S3 Sep. 29 199 09:3£~AM P3 Legality of Executive Order Questioned: By WhatAuthority? The use of executive orders i5 not exclusive to the Clinton administration, nor has his use vt them necessarily exceeded that of other presidents. In the two and a half years since his re-election in 1994, Clinton has issued 130 executive orders, an average of 52 per year. Former President Reagan issued 409 executive orders, an average of 51.13 over his eight years in office. Ken Bull, president of the McCulloch County Property Owners Association, wrote to Senator Phil Gramm with concerns about the legality of executive orders in some cases. Senator Gramm responded by sending Bull a copy of a i 995 Congressional Research Service Report for Congress on this question: Mr. Bull then prepared an abstract of the report. A summary of his abstract #ollows; ExecutJve orders are directives or actions by the President which, generally, are directed to gavern- ment afficia/s and agencies. Usually executive orders do not affect individuals except indirectly Presidents derive theirlegal authorityto act from Article 11 of the Constitution which states, in part, that "executive powershall be vested in the Presidentof the United States ;that 'the Presldent shallbe Commander in Chief of the Army and !Navy of the United States'; and that `9te shall take care that the laws be faithfully executed". If the Presldent uses his executive power as the basis for an act, the courts and the people must be concerned with the effect unfit the legalityaf such acts are dearly defined. 1f neither of the other two branches challenge the act, then the act continues to bearthe effect of law. When the President acts pursuant to an express authorizaiian of Congress, then hispoweris at ifsgreatesr and is not challenged. Even when he acts in response to an implied authorization resulting from legislative action if is difficult to challenge. When the President acts on his. own poweras interpreted as being within his authority as President, then the act may be questionable, but may still have the effect of law until it either is declared unconsti- tutional by the courts or modified by Congress. When the President takes measures that are incompatible with the expressed ar Implied will of Con- gress, then those acts can be questioned and clarified by rhs federal courts. It has been demonstrated that the courts are more likely to give deference to the President when the issue involves foreign affairs ornational security than when it r'nvolves economic, political arsocia/matters. The role that Congress may play varies with the authority upon which the President bases his executive order. !f there is clearbasis on the Constitution, Congress may directly affect a presidential action eitherby amend- ing, nullifying, repealing, revoking, or by terminating the authority on which it is founded. {Executive C7rder, continued on page 4) {AHRI Becomes Law, continued from page 7) level. it has and continues to be, a hard fought battle because Land Commissioner Garry Mauro has been work- ing just as hard to push communities along the Rio Grande intaapplying.forthefederaldesignation. Manylocalleaders tearthat ifthey don't ga a)ongwith Mauro, theircommunities will actually be left out when the federal government starts handing back our tax dollars. County Judges Say "No!" The Heritage Associations strongly oppose the AHRI and have encouraged the grassroots to support those elected officials who will plug their ears to Garry Mauro's Siren's song. County Judges from Jeff Davis, Presidio, Brewster, Culberson and Hudspeth Counties, who recog- nizedthe flawed logic of the AHRI, executed a resolution of ponsu rt and submitted_it_~the hoe House. Their action is very significant, because the Clinton Administra- tion has said that there must be broad communft~ support before any community will be "awarded" the American Heritage River designation. The Heritage QSSfX`i~tlAC7C claim anntF~ar v~rAr,ru with the execution of a second important resolution by Presidio County Judge. Jake Brisbin, Jr., who is the Presi- dent ofthe Rio Grande Council of Governments (RGCOG), and byJustin Ormsby, the Executive Directorof the RGCOG. This resolution states that the locally elected officials of the counties mentioned, and not the executive director of the RGCOG, are the proper authorities to make the decision whether or not to participate in the American Heritage Rivers initiative. The General land Office had been working closely with the executive directors of the Councils of Govern- ments along the Rlo Grande and was in the process of having those individuals sign a Memorandum of Agree- ment aspart of the petition to name the entire Rio Grande an American Heritage River. By his signature, Mr. prmsby has abdicated his authority to sign $uch an agreement on his own. This is a huge victory for Texas landowners in these counties, and the Heritage Associations encourage every member to contact these county judges and to thank them 4nr •ha:r .... e.+lw w+ +~++-•~ ^^•-+^^J- FROM Perry 13ushong Real Estate PHONE N0. 2106403383 Sep. 29 1997 09:39Ah1 P4 Nlr. Smith Goes Ta Vl/ashingtan While the Heritage Associations felt confidant they could help to slaw the effort to designate the Rio Grande as an AHR, there was no reason to believe the administration would be deterred from its mission. The AHRI (s now law, however, the good news is the Rio Grande Is not among the rivers being considered for tlesignattiart in the €irst round. The bad news Is that without caonstant vigilance any river in Texas eventuttNy could t~scome a fed8rdtiy designated area, which would be a property rights disaster. The American Heritage 1~ivers initiative is now law, however, the goad news is the Rio Grande 1 .~ is~ no~`~ir~ang ~th~ rl~ers`~elrrg~ . considered fcar designation !n the first round. The bad news is that without constant vigilance any aver in Texas eventrtalfy could become a federally desl,gnated area_.. Property rights activists did not place 81i their eggs in one basket, however, and there stilt is a way the AHRf Can be rendered harmless. if HRt$42!ty Cori gressmgn Helen Chenoweth (R-Idahoy is passed, it wiG prevent any funds from being spent are the AHRI, or, as Congressman Don Young {R-Alaska) put it in a tatter to TTHA President, Desmond Snytth, it woukf `terminate further development and implementation pf the AHRI". Smith has b®en invited by Congressman Young to testify before the U.S. House of Representatives Com- mittee on Resources in Washington, D.C., on September 24. Mr. 5mfth wilt testify in favor of HR1642. "! plan to remind those folks of a few ether titing$ whil8 I'm there", said Smith, whose wank an behalf of private property owners is bom of a deep appreciation for the Constitution and the freedoms tt gugrantaes. the Hgrltage Assxiatians have heard through c#her soUr~s that House Majority Leader Dick Arttley, will help get HR1t3~2 to the floor for debate. We has ~taggest~d _however., that a_gre8ter 8tfort ttt~eds to be Coast afaaut the dangers the AHRI passe to private property rights, "Apparently, they stilt don"t understand that naming the Rio Grande an AHR, for example, will btinp new raise and requtatians to every mite of private property the river ftowa through. The Rb Qrande, with its hundreds of tributaries and vast watershed, touches thdusandti of acres and hundreds of lamiligs in Texas atone°, said srnttn. • in order to Improve the Chances of HR18a2's passage, Heritage Association members are urged to continue Ca.liing orwritinq their Congressmen. Ask them to talk to their assocla~tas from more urban states about the American Heritage Rivers Initiative and explain to them why federal control of communities and the surround[ng private lands goes agt~nst the principle of private property rights and local control ~Executlve Order, Cotttl(wed from page 3j . G'vftgr~3ss;h$s_use+d.~~tct~s~t~Gh:,retroap~Rty . - >... r .. .. .. rt~peatliig~the statutory. ~authorrty ori'wtitcti the President based his order whkh would them disks any executive orderorproclamat/an lssuedafter ttrerepeal dgte Jnvalld. Congress also has amended the spsdtic law being used by the President to prov/de a sunset provlsbn, thus setting a lima timltorr the etfectivsneaa of the presidential action. Execut/ve orders maybe altered or e11m1nat~aCl by the President, too. A president may amend ov' repeal an execvtive orrier or proclamaflon that h8 Issued or that ~Y other president Issued. Such new oro'srs may altar the dates or the bests of the acts. Th a President may take such acts on Jnltlative or through advice and consent of Cen- 8ress. The President's authority to issue executive orders Is not sxplkltly granted In either the Constitut/on or In statute. ff Is generally accepted that the President derives his authorif~,trom Article ii at the Constitution. A#hough S. 1,b^'~i fir„ fY~ r: ,. u~ ~ '`itit;`~_Jali~~~,,.ai>'d ~llf'i~'6'6''~F~t~iEi~~r~t~t`~~t~ ° balance of:authority, there have been established certain guideposts that can protect the balance of power intended by fhb t;onstltution. It Is most import$nt that a!I three branches of the goverr3ment utilize their power to limit tits actsoitheotherbrancfrasar~dthatallwnrklntrarnronyin thg best trnsrest of ins Ivor;dn. In a qutshell, iE a I'restdent uses an executive order in a manner inconsistent with his author~y, there are rem- edies. For a Dopy of the complete report art this issue, Heritage Association members can contact Senator Phii Cdramm's offk:e and request a copy at the ConBressbnal Research Report For Gorsgress entitled "Executive Or- dersand F'rociamatlons" byJahn Contrubis,dat~d July 3, 1 g95. FROM Perry Bushong Real Estate PHONE N0. 2106403383 Oct. 01 1997 09:18AM P1 11. MG.E I RanOti ~@~~ ?q r..~ yqr ~: F'. Id 1 IZF.50L~U'~'IIUN OF NON ~UPkUIftT i~'OR'fH1ur AMERICAN H~RiTAGIg itiV4rR8 iNl'1"i1A'i'IV~ Un betmlf of klarl`ord, Teas, we the undet~igned, ~ duly elected oiA1: snd representativ~l of ttse comnrwnity, do hereby oppose the American HeriLagal~tiwers Initiative. We ap~pos~o ttte intervention oftba ~#eral govenune~, sgencies and anpioyeea into our ford zoning, planing, laud uee and water authority. We wslt not se~mlt nor :ulsport airy petition ftir federal designatioa of a river in our oamn+unity for the Atraican Heritage Rivers Initiative. nor el>ali we eEuet'irito any ggreement with the federal government concerning the same federal designation Rritlun the bournlaries of our jwtsdic~on. Arty person sutunittigg a pctitia~ to fire federal govd~mrnt far indusiost of a designAted river or area within our jurisdlclioa does m without tip apprvva! or consent oP tlrv duly elected ofHoials and ropresentativss uftisie cvmmw~ity. Nvw, thet'efore, be it resolved ort this fire lSt6 day of August, i997, that this resolution e2uill be executed, made public and delivered to the VVlute House C~ncil an l~nviroumantal Quality in washiugton, D.C. o~etancl, Mayor ~ _~•~~ Tam way, City Canunia£~uer Carey+ Bln ity Camrnisdaner AT?EST: ~~ Terri Joh~so ,iffy gectetsry - ee, 'ty Cvmriussioner RESOLUTION OF NON SUPPORT FOR TIIE AMERICAN HERITAGE RIVERS INITIATNE On behalf of Kerr County, Texas we the undersigned as duly elected officials and representatives of the community, do hereby oppose the American Heritage Rivers Initiative. We oppose the intervention of the federal government, agencies and employees into our local zoning, planning, land use and water authority. We will not submit nor support any petition for federal designation of a river in our community for the American Heritage Rivers Initiative. Any person submitting a petition to the federal government for the inclusion of a designated river or area within our jurisdiction does so without the approval or consent of the duly elected officials and representatives of this community. Now, therefore, be it resolved on this the a of 997 1~ y , that this resolution shall be executed, made public and delivered to the White House Council on Environmental Quality in Washington, D.C. . ~ r! / DATE ~y /~ DATE DATE Qe%~, /~G -' ~7 D TE AT COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: MEETING DATE: ~ d ` ~~ ` 9 ~ OFFICE: TIlVIE PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) ~ ~ 5~ ~ s EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON} ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: ~~~-~-~ ~C/%~lC. iE~l~1C~, Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Monday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court.