The National Park Service makes their case today to the California Coastal Commission to obtain a federal consistency determination to update their General Management Plan for more than 28,000 acres of NPS lands that includes lands leased to ranches and supports native tule elk populations.
Thank you to our membership that submitted comments on this plan. The Commission is reporting more than 40k comments have been received nationally on this plan.
Read EAC’s Comments here
Before NPS can finalize the GMPA, a federal consistency determination must be obtained from other federal and state agencies. All federal activities that affect the coastal zone must be consistent with the enforceable policies of the state’s certified program.
The Commission is charged with ensuring the GMPA is carried out in a manner that is consistent to the maximum extent practicable with the policies of Chapter 3 of the California Coastal Act.
The Commission’s standard of review includes all other applicable federal and state requirements established by the Clean Water Act, the California Ocean Plan, and the California Water Code Section 13142.5, and the directive in Chapter 5 of the Coastal Act (Section 30412(a)) to coordinate with the Regional Water Quality Control Board and State Water Resources Control Board.
The Coastal Zone Management Act (that provides the Commission with their authority to implement coastal zone management plans) specifically excludes “…from the coastal zone … lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government (Federal Consistency and the National Interest, Chapter 11, see page 87)…”
However, this means the Commission is somewhat limited in their review to actions that have spill over negative impacts in the coastal zone.
This is important, as it is arguably the most widely-publicized item included in the GMPA is the killing of the tule elk that live on federal lands. However, the Commission does not have jurisdiction to act on this issue.
The commission does have jurisdiction over any actions that may happen on federal land and spill over into the coastal zone; for example, negative impacts on water quality.
Despite limitations, the Commission retains broad authority to review the NPS proposed actions impacting resources in the coastal zone and to make recommendations. .
The Commission is holding a special meeting, April 22, 2021, to hear the case. EAC, members of the public, and other environmental organizations will be there to advocate for the highest environmental protections for the Point Reyes National Seashore.
We encourage our membership to tune in live during the proceedings here.
