It is the purpose of the Koochiching County Resource Management Committee to lay the foundation for a Comprehensive Resource Management Plan that will coordinate Federal, State, and Local government policies that affect Koochiching County and its citizens; to protect our traditions, customs, culture and economic stability while ensuring the proper use and protection of the natural and human resources that exist in Koochiching County, based on sound scientific data.

DRAFT PROPOSAL: KOOCHICHING COUNTY'S RESOURCE MANAGEMENT PLAN

I. PREFACE: The Koochiching County Resource Management Plan is the county resource use plan developed by the Koochiching County government to guide the use of public lands and waters and public resources within Koochiching County, to protect the rights of private land-owners and private businesses, to protect the environment, to protect the local tax base, and to protect the traditions, customs, and cultures of the citizens of Koochiching County.

Since the survival of the citizens o\f Koochiching County is dependent upon a stable economy, which serves as a protective shield for their traditions, customs and cultures; and since county governments are charged under state law "to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of their citizens", it is, therefore, the nature and intent of Koochiching County government resource policies to protect the traditions, customs and cultures of county citizens through protection of property rights, the facilitation of a free market economy, the establishment of a process to ensure self determination by local communities and individuals, and to ensure the proper use of, and the necessary,protection of, the natural and human resources that exist within the county of Koochiching. It is, therefore, necessary to develop and implement resource use planning mechanisms that focus on federal, state and local land use and water use activities upon those lands and waters; the Koochiching County Resource Management Plan is a set of policies and general guidelines that shall provide a planning framework to remain in effect until a comprehensive Koochiching County Resource Management Plan is developed and approved by the Koochiching County Board of Commissioners.

This plan addresses federal, state and local resource management issues directly and is intended to be used as a positive guide for federal, state and local agencies in their development and implementation of resource use plans and management actions, such as the Comprehensive Visitor Use and Facilities Plan for Voyageurs National Park which, as yet, has not been developed or implemented, as required by Federal Law Section 401(b) Public Law 97-405 (1983). Koochiching County and its citizens support the continued multiple use of all federal, state and county lands and waters and all United States and Canadian Boundary waters within Koochiching County. therefore, it is nth policy of Koochiching County that, as required by federal law, federal, state and local agencies shall inform the Koochiching County Board of Commissioners and other local governments of all pending actions affecting local communities and citizens, and that these local governments shall respond as necessary. Additionally, Koochiching County shall be available to coordinate with the federal agencies as required by federal law, in the planning and implementation of those actions. The Koochiching County Board of Commissioners shall be consulted and coordinated within [sic] accordance with the laws of Minnesota and the laws of the United States.

In compliance with federal and state law, including but not limited to the Federal Land Management Policy Act of 1976, the National Environmental Policies Act, Executive Order 12630, and the National Forest Management Act, all federal, state and local agencies shall review the Koochiching County Resource Management Plan, and shall coordinate with the Koochiching County Commissioners for the purpose of planning and managing federal, state and local resources within the geographical boundaries of and adjacent areas directly affecting Koochiching County, Minnesota. Federal and state agencies proposing actions that will impact the custom, culture, physical environment, or tax base within Koochiching County, as described by the Koochiching County Resource Management Plan, shall prepare and submit in writing, and in a timely manner, report(s) on the purposes, objectives and estimated economic and social impacts of such actions, to the Koochiching County Board of Commissioners. As required by federal law, these report(s) shall be provided to the Koochiching County Board of Commissioners for review and coordination prior to federal or state initiation of action. The federal government is required to have joint planning processes, joint environmental research and studies, joint public hearings, joint environmental assessments and joint environmental impact statements with the county, as per Federal Law (40 CFR 1506.2). Further, federal law states that these joint environmental assessments and impact statements must include analyses of HISTORIC, CULTURAL, ECONOMIC, SOCIAL, OR HEALTH EFFECTS of federal action as per Federal Law (40 CFR 1508.8)

This plan recognizes the authority of Presidential Executive Order # 12630, commonly known as the "Takings Executive Order," which requires that all federal agencies perform "takings impact analyses" when drafting new regulations. Such takings analyses require agencies to weigh the potential for reductions in private property values before imposing new environmental regulations. The plan further recognizes the county's responsibility to Section (401) (b) of Public Law 97-405 (1983) which amends the original Voyageurs National Park Act of 1971, and which states in part "the Secretary shall, in cooperation with other federal, state, and local governmental entities and private entities experienced in the fields of outdoor recreation and visitor services, develop and implement a comprehensive plan for visitor services, develop and implement a comprehensive plan for visitor use and overnight visitor facilities for the park."

II. PREAMBLE It is a growing concern of the Koochiching County Board of Commissioners that the survival of its citizens is now being threatened by federal and state agencies who are managing the resources, not by proper scientific principles which will preserve the physical environment and the traditions, customs, cultures, and tax base of its citizens, but in accordance with political pressures applied by those who are not citizens of Koochiching County. It is the intent of the Constitution of the United States that governmental agencies should serve the citizens; and since county government is charged with the task of watching over governmental agencies to ensure that they follow the law, and to preserve the local traditions, customs, and cultures and economic stability; it is, therefore the intent of Koochiching County to enact a County Resource Management Plan which will meet and enhance these and other county obligations. Wee the people of Koochiching County, in the State of Minnesota, accept, support, and sustain the constitution of the United states and that of the State of Minnesota. We have demanded, through our elected legislature and government, that the federal government comply with the Constitution of the United States, Article One, Section Eight, Paragraph Seventeen, which limits the authority of the federal government to specific lands; and we hereby affirm our demand that all lands and waters in Koochiching County, not so specifically designated, be relinquished to the citizens thereof. As soon as one argues that people cannot be trusted to regulate themselves and the use of their natural resources, that one group knows what is best for another group, that people far away are better able to make decisions than people closest to the problem, then the very premise of democracy is destroyed. Therefore, the Koochiching County Board of Commissioners and the citizens of this county will not tolerate or allow the introduction of laws directed against county citizens, county businesses, and tourists, in the name of protecting the wilderness areas and natural resources of Koochiching County. Arbitrary and coercive laws break down the fabric of society. Communities function on consensus. Communities define themselves through ethics that guide behavior toward both man and nature. Power from without, whether it be economic, political, or legal, destroys the ability of people to regulate themselves. As the law breaks down ethical consensus, society is patched together with more and more law. One of the primary purposes of the Koochiching County Resource Management Plan will be to prevent coercive laws from being enacted within or directed toward the geographical boundaries of Koochiching County and its citizens. When people do not understand that nature sustains communities, that communities sustain people, and that communities function through cooperation and interdependence based on mutual respect, then we face the end of democracy as we know it today and as envisioned by our founding fathers.

III. LAND DISPOSITION Position Statement: Recognizing the multiple uses* of the land are essential to county industry and county residents, it shall be the policy of Koochiching County that the design and development of all federal, state and county land disposals, including land adjustments and exchanges, be carried out in the benefit of the citizens of Koochiching County by maintaining the historic activities of multiple use in which these citizens have engaged in and are presently engaged in.

POLICIES 1. As required by federal law, Koochiching County shall be the lead planning agency in ALL federal, state and county land adjustments which shall be preceded by public hearings in the county, and by environmental and economic impact studies.* 2. Maintain a solidified, non-eroding base of private taxable land within the county. 3. Increase opportunities for local economic development and multiple use of the land by increasing the amount of patented* and non-federal and non-state land and water within the county. 4. Federal and state agencies, including but not limited to the Rural Economic and Community Development (RECD), the National Park Service, the U.S. Forest Service, the U.S. Fish and Wildlife Service, and the Minnesota Department of Natural Resources, shall not permanently acquire any lands or fee title lands within Koochiching County without first ensuring: a. That as a minimum, all land acquisitions and exchanges should be at an equal or greater tax base volume, and b. That private property interests are protected and enhanced, and c. That the traditions, customs, and cultures* of county citizens be maintained on said lands, and d. That the environment is adequately protected through policies based on realistic and reputable scientific factors.

5. That the general public and local communities within Koochiching County shall be notified of, consulted about, and otherwise involved in all federal, state and local land adjustments in Koochiching County. 6. In regard to Scientific and Natural Areas (SNAs) as so designated and managed by the State of Minnesota and its Department of Natural Resource, no additional or expansion of existing SNAs shall be so designated in Koochiching County until the state has the express and written concurrence from the Koochiching County Board of Commissioners, and until public hearings are held within the county, and economic and environmental impact studies have been conducted and submitted to the county for review. If a SNA is thusly approved, then the State of Minnesota shall ensure that any paths, trails or roads that intersect the SNA shall remain open to public traffic, if the path, trail or road has been so designated by Koochiching County as a public road under the authority of United States Statute RS 2477. 7. Koochiching County shall determine land withdrawals for hazardous and non-hazardous waste storage as well as the types and points of origin of such waste. 8. Before federal and state agencies attempt to change traditional land use, adverse impact studies on uses shall be conducted by these agencies and mitigation measures* adopted through coordination with Koochiching County. Impact studies shall address economic and community stability, local traditions, customs and culture, hunting, fishing, trapping and logging rights, agricultural rights, flood prone areas, trail and road access to lands and waters, multiple use of the lands and waters affected, and the physical environment. 9. In accordance with United States Statute RS 2477, all paths, trails, roads, and highways that were in existence in Koochiching County prior to October 21, 1976, and that traverse through or adjoin public land or water within the county, are hereby declared to be public roads and highways. Said trails and highways may not be closed to traffic without the express and written permission of the Koochiching County Board of Commissioners, and then only if public meetings have been held for local citizens input. The County may declare these rights of way as county highways without obligation to maintain them or incur liability. 10. The County shall support the 5th amendment; which in part states, that "no person may be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation."

IV. WATER RESOURCES Position Statement: Koochiching County recognizes that the protection and controlled development of its water and watershed resources are essential to its short and long term economic and cultural viability, to the multiple use of these waters by its citizens and visitors to the county, to the wilderness* and semi-wilderness* aspect of many of its watersheds, streams, rivers, and lakes, and to the enhancement of the diverse forms of wildlife that rely upon these water resources.

POLICIES: 1. The protection of existing water rights and water uses within Koochiching County is of primary importance to the county's economic and cultural well-being. Therefore, transfers or changes in water use shall be carefully considered in relationship to the history, traditions, customs, cultures, and tax bases of Koochiching County. 2. Any federally proposed designation of wild and scenic rivers, or historic and scenic trails or corridors, and all federal or state policies regarding riparian use management in Koochiching County shall be coordinated with the County Board of Commissioners and their Resource Environmental Management Plans, as per federal law. 3. Koochiching County will approve or prepare resource management plans for its navigable rivers, streams and lakes, with the primary purpose of protecting the environment as well as protecting the private property and riparian rights and recreational and commercial uses. (River Management Boards) 4. Koochiching County may approve or prepare plans for the protection of all aquatic threatened or endangered species* within its boundaries. Federal and state agencies managing waterways and wetlands containing such species shall coordinate their management activities and plans with the County Board of Commissioners. 5. Koochiching County may explore the alternative uses of water, including but not limited to recreational use. The county may promote water based recreation within the county. 6. Since the majority of the land mass within the county could be defined as "wetlands" by federal and state definition, the county must be exempted from the state one-for-one replacement policy whenever a section of wetland is developed or disturbed. 7. All additional and historic uses of waterways and portages within the county as a means of transportation will be so named and maintained as public highways under the definitions, allowances, and restraints of United States Statute RS 2477 and the relevant international agreements with Canada. The county may declare these rights of way as county highways without obligation to maintain them or incur liability. 8. Koochiching County insists that the federal and state governments and their agencies comply with and adhere to all existing rules and regulations as set forth in the various international treaties that affect the waters bordering Koochiching County and Canada. No changes in classification and uses of these border waters can be allowed until state and federal agencies have come into full compliance with the rules and regulations of these treaties; and unless full consideration has been given to the protection of community stability, tax bases, private property rights, and local traditions, customs and cultures.* 9. It is the intent of Koochiching County to manage its own water resources wherever possible, and to advise and assist state and federal agencies in the management of water related resources that exist within or upon public waters that lie within the geographical boundaries of the county. 10. It is further the intent of Koochiching County to be advised of and be a part of the decision making process in regard to any state or federal actions that could affect water that either flows into or out of the boundaries of Koochiching County. 11. Koochiching County recognizes the potential of pollution and eutrophication of its water resources due to run off from point and non-point sources. Koochiching County is concerned about pesticides, herbicides, fertilizers, and road salt use on areas including road right-of-ways, golf courses, parks, parking lots, lawns and other areas. Koochiching County will address point and non-point pollution sources in its comprehensive resource management plan.

V. AGRICULTURE: Position Statement: The traditions, customs, and culture associated with traditional agricultural enterprises* in Koochiching County is necessary to the livelihood and well-being to many of its citizens. POLICIES: 1. Koochiching County will promote environmentally sound management of traditionally agricultural land* while also promoting continuation of enterprises and pursuits on such land. Koochiching County further recognizes that environmentally sound management of this land will protect land and water resources from degradation. 2. Koochiching County also promotes the protection of private property rights on traditional agriculture land which includes the land user's right to choose to participate in voluntary federal, county or state programs.

VI. TIMBER AND WOOD PRODUCTS Position Statement: The growing, harvesting, and processing of wood products has been a major industry in Koochiching county since before the incorporation of the county. Therefore, the traditions, customs , and cultures associated with timber and wood products production in Koochiching County are necessary to the livelihood and well being of a majority of its citizens. It is the policy of Koochiching County to protect timber resources and promote the continuation of a sustainable wood products industry by providing economic opportunity, encouraging the use if indigenous tree species, relying on self determination, and ensuring open market conditions and access to adequate supplies of harvestable timber, as outlined in "A Plan for the Management of the Tax-Forfeited Land and Forest Resources of Koochiching County".

POLICIES: 1. Koochiching County shall promote sale sizes of stumpage on county land and other public lands that provide opportunities for a wide spectrum of producers and that allows for local entrepreneurship. 2. It is the intent of Koochiching County to explore market and incentive systems to help reduce administrative and harvest costs on federal and state forested lands. 3. Koochiching County will not use, and is opposed to the use of prescribed burns of standing timber that is economically harvestable, as a means of achieving regeneration on forested land. Furthermore, the county will discourage the use of prescribed burns of economically harvestable standing timber on all public lands within the county. 4. Because of the economic value of timber, Koochiching County will promote the use of the sustained silvicultural harvesting on all private and public lands in Koochiching County as a means of achieving regeneration, and providing improved habitat for wildlife, as a means of retaining seed trees, as a means of protecting certain species such as the white pine, and as a means of preserving certain trees and corridors that are beneficial to wildlife. 5. Koochiching County will encourage the use of available cost share money or grants to apply to natural resource conservation practices. 6. Opportunities for a sustainable wood products industry in Koochiching County will be continued at levels consistent with traditions, customs, and cultures and as affected by prevailing market conditions. 7. Koochiching County upholds the original intent of the creation of national and state forests in so far as: a. They continue to grow a perpetual supply of trees that will be harvested by timber related industries. b. They prevent the unnecessary cutting of unusually large areas of forest cover in one specific area, and they control cutting by allotting smaller parcels, but not reducing the sustained harvestable volume of timber taken from a given forested area. c. They protect residents from unfair competition in the use of the timber grown on state and federal lands. d. They protect timber, type diversity, and protect pockets of unusual stands (such as age or virgin species) which have aesthetic value. e. They do not adversely limit the use of state and federal lands by traditional uses, including loggers, hunters, trappers, fishermen, gatherers, sight seers, operators of all terrain vehicles, and other environmentally sound uses.

VII. CULTURAL RESOURCES, RECREATION, WILDLIFE, AND WILDERNESS Position Statement: Koochiching County shall promote and facilitate public and private recreational, cultural, wilderness, and wildlife opportunities compatible with local traditions, customs, and cultures and within the constraints of private property rights and local self-determination.

POLICIES: 1. Koochiching County shall establish a wildlife and threatened and endangered species committee for overseeing protection and recovery of all federal, state, and county listed threatened or endangered species, so defined by detailed scientific data and preceded by required adverse impact studies. 2. When such species have recovered to numbers in the county and state where they are no longer deemed endangered or threatened, Koochiching County may petition the state and federal governments to have said species removed from the endangered or threatened species list and returned to the control of the Minnesota Department of Natural Resources and/or to appropriate county agencies. 3. Federal and state resource management agencies and enforcement agencies shall coordinate with this committee on all matters regarding wildlife that exists or may reside at any given time within the geographical boundaries of the county. 4. The county realizes that fish and wildlife are a renewable but also an exhaustible resource if not properly managed. The county also recognizes the rights of its citizens and visitors to harvest said fish and wildlife according to traditional laws, customs, and culture. State and federal agencies shall not interfere with these rights without first consulting with the Koochiching County Board of Commissioners. 5. Since a great portion of the land and water in Koochiching County presently exists in a wilderness* or semi-wilderness* condition, and since said land and water is being managed so that it remains in said condition; and since the policies of the Resource Management Plan address the necessary means to help keep these lands and waters in a wilderness or semi-wilderness condition; therefore, any additional wilderness areas in the county shall be designated only at the initiative of the Koochiching County Board of Commissioners.

VIII. MINERAL RESOURCES Position Statement: Koochiching County recognizes that it has a history of mineral extraction, and that the development of its mineral resources may be desirable and necessary to the economic welfare of the county, state, and nation; Therefore, it will be the policy of the Koochiching County government to develop procedures and site specific plans that provide for the long term availability and responsible development of its mineral resources; and that will adequately protect the environmental quality of the land or water so affected, and will protect any wilderness or semi-wilderness aspect of the land or water that may otherwise be disturbed.

POLICIES: 1. Koochiching County encourages the continued exploration for minerals on public and private lands as long as the exploration complies with sound environmental practices, does not violate private property rights, and is coordinated with the Koochiching County Board of Commissioners.

IX. ACCESS AND TRANSPORTATION Position Statement: Koochiching County shall develop and maintain a transportation network that optimizes accessibility within the county and that minimizes the cost of movement between all communities and across public lands and waters. Access to or across federal, state, and county lands and waters, shall not entail encumbrances or restrictions on private property rights.

POLICIES: 1. Applicable paths, trails, roads, and highways over public land or public water, that were in use as such prior to October 21, 1976 are hereby declared as public roads and highways in accordance with the United States Statute RS 2477, without obligation to maintain them or incur liability. 2. All applicable paths, trails, roads, and highways over public land or public water, that have been so constructed or used or maintained in the county since 1976, are likewise declared as public roads and highways without obligation to maintain them or incur liability. 3. Public access to navigable streams, rivers, and lakes will be monitored by Koochiching County and further construction and maintenance of public accesses will be recommended when and where it is deemed appropriate, and is not in conflict with a wilderness setting, or the County Environmental Planning Ordinance.

X. MONITORING AND COMPLIANCE: Position Statement: Koochiching county shall develop monitoring and compliance standards in order to implement and evaluate the Resource Management Plan and the Comprehensive Resource Management Plan. These standards will ensure consistency between federal, state and county actions and activities of the lands and waters use requirements enumerated within both aforementioned plans.

POLICIES: 1. The Koochiching County Sheriff's Department will be the primary enforcement agency for Koochiching County. 2. Koochiching County shall monitor the condition of timber lands, wildlife, wetlands, streams, rivers, and lakes that exist within the geographical boundaries of the county. Federal and state agencies shall coordinate with the county in the collection of all monitoring data and in analysis of all resource conditions. 3. Koochiching County shall enforce compliance with this Resource Management Plan and shall monitor consistency between federal, state, and county actions and activities of the lands and waters use requirements enumerated herein, pursuant to Federal law, and to Koochiching County ordinances.

XI. CONCLUSION This Resource Management Plan shall remain in force from this date forward until a Comprehensive County Resource Management Plan has been researched and developed by a citizens' committee appointed and approved by the County Board of Commissioners. Said committee members will be helped when and where applicable by the various county agencies and employed individuals. This Plan may be amended by consent of the Koochiching County Board of Commissioners. If any part of this ordinance is held invalid, the rest shall remain intact.

KOOCHICHING COUNTY ORDINANCE #___________________________

ORDINANCE OF THE KOOCHICHING COUNTY BOARD OF COMMISSIONERS, STATE OF MINNESOTA, declares an impending danger to the public health, safety, and welfare of the county, and hereby adopt an emergency Ordinance to be known as the KOOCHICHING COUNTY RESOURCE MANAGEMENT PLAN and attached and made a part herewith.

PASSED, ADOPTED, AND SIGNED by the Koochiching County Board of Commissioners, as Koochiching County Ordinance No. ____________ and recorded with the Koochiching County Clerk this _________________________, 1995.

KOOCHICHING COUNTY BOARD OF COMMISSIONERS Signatures:

DEFINITIONS:

AGRICULTURAL LAND Land used in the science, art, and business of cultivating the soil, producing crops, and raising livestock useful to man.

AQUATIC THREATENED OR ENDANGERED SPECIES An animal or plant species living in a water habitat, that has been properly identified by Koochiching County approved standards, that finds the species either threatened or endangered.

ECOSYSTEM All the interacting populations of plants, animals (including man), and microorganisms occupying an area, plus their physical environment, with a common element.

ENDANGERED SPECIES Any species of wild animal or plant which is threatened with extinction throughout all or a significant portion of its range.

ENVIRONMENTAL AND ECONOMIC IMPACT STUDIES Authorized and required studies that assess the impact on the local and regional environment, on the local and regional economies, and on the traditions, customs, and cultures of the affected citizens, relative to a proposed action on public land or water by a governmental agency, a business, or an individual enterprise.

FEDERAL, STATE, AND LOCAL LAND ADJUSTMENTS Exchanging a parcel of land for another parcel of land; changing the classifications of land and water use; creation of, or addition to any public lands.

FEE-SIMPLE TITLE An estate on land of which the inheritor has unqualified ownership and power of disposition.

GATHERING The act of picking edible berries, collecting leaf specimens, collecting insect specimens, and collecting edible plants such as mushrooms.

HABITAT The environment which supplies the survival needs of an organism or biological population.

MITIGATION MEASURES Actions taken in an effort to cause something to be less harsh or hostile, less severe or painful.

MULTIPLE USE The use of public land and water resources for recreation, agriculture, timber harvesting, gathering, and wildlife habitat.

PATENTED LAND A grant made by a government to an individual, conveying to him fee-simple title to public lands.

PRIVATE PROPERTY RIGHTS The rights of a legal owner to exercise his own judgement on use of his personal property for personal benefit. The right to control, use, and dispose of any property, real or personal, as an owner wills it.

SEMI-WILDERNESS Having some of the characteristics of wilderness, but exhibiting some evidence of use by man.

THREATENED SPECIES Any species of wild animal or plant which is likely to become endangered within the foreseeable future throughout all or a significant portion of its native (or present) range.

TRADITIONS, CUSTOMS, AND CULTURES Traditions: Information, beliefs and customs that have been handed down by word of mouth or example from one generation to another, with or without written instruction. Inherited patterns of thought and action. Cultural continuity in social attitudes and institutions.

Customs: the whole body of usages, practices, or conventions, that regulate social life. Usages or practices common to many or to a particular place or class, or habitual with an individual. Long established practice considered as written law, and long consent to which gives it authority.

Cultures: the integrated patterns of human behavior that includes thought, speech, action, and artifacts and depends upon man's capacity for learning and transmitting knowledge to succeeding generations. The customary beliefs, social forms, and material traits of a racial, religious, or social group, characteristic of a community of population.

WILDERNESS A tract or region uncultivated and uninhabited by humans. An area essentially undisturbed by human activity, together with its naturally developed plant and animal communities.