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  • Category Archives An Act Is A Law
  • Clallam Co SMP Update Laying Down the Law

    FIRST, LAY A FOUNDATION IN EVIDENCE

    A DOCUMENT OR OTHER PIECE OF EVIDENCE WHICH ASSURES THE COURT OF  THE TALENT AND EXPERIENCE OF A WITNESS OR THE AUTHENTICITY OF THE DOCUMENT OR ARTICLE.

    THE SHORELINE INVENTORY AND CHARACTERIZATION PROVIDE THE FOUNDATION FOR THE ENTIRE SMP UPDATE PROCESS

    SMP Handbook: Chapter 7, Shoreline Inventory and Characterization

    www.ecy.wa.gov/programs/sea/shorelines/smp/handbook/Chapter7.pdf

    THE 2010 SHORELINE INVENTORY AND CHARACTERIZATION IN CLALLAM COUNTY DID PROVIDE THE FOUNDATION FOR THE ENTIRE 2017 SMP UPDATE PROCESS.

    LAY A FOUNDATION IN EVIDENCE

    FEB 24, 2015 DEPT. OF THE INTERIOR (DOI), the US Fish and Wildlife Service and the  maritime national wildlife refuge complex (NWRC)

    SMP PUBLIC COMMENT #584   022415 – DeptOfInterior       

     “UNLIKE MANY OTHER AREAS OF PUGET SOUND CLALLAM COUNTY HAS PRISTINE  AQUATIC  AREAS AND SHORELINES THAT ARE IN GREAT CONDITION OR HAVE BEEN RESTORED AND PROVIDE MANY BENEFITS TO THE PEOPLE AND THE WILDLIFE IN THE AREA

    RECOGNIZING THIS FACT, WE SUGGEST THAT THE SMP FOLLOW A HIGHER STANDARD  THAN IS REQUIRED BY THE WA STATE SHORELINE MANAGEMENT ACT’S MINIMUM PROTECTION REQUIREMENT”

    OR…OR….OR…OR…

    PARTICULARLY AN EXPERT WITNESS

    LAY A FOUNDATION IN EVIDENCE, TO PROVIDE TO THE JUDGE THE QUALIFICATION OF A WITNESS (PARTICULARLY AN EXPERT WITNESS)

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    RECOGNIZING THIS FACT……

    AS A CONCERNED CITIZEN OF CLALLAM COUNTY, I DID LAY A FOUNDATION IN EVIDENCE MANY DOCUMENTS OR MANY OTHER PIECES OF EVIDENCE WHICH ASSURES THE COURT OF  THE TALENT AND EXPERIENCE OF A WITNESS OR THE AUTHENTICITY OF THE DOCUMENT OR ARTICLE.

    IN SPITE OF MY LAYING DOWN THE CHAIN OF DOCUMENTARY EVIDENCE ON THE CLALLAM COUNTY SMP UPDATE  FROM DEC 5, 2009 TO NOV 11, 2017.

    WHEREIN: THE GOAL OF THIS RULE IS TO ALLOW PARTIES TO PRESENT ALL OF THE EVIDENCE THAT BEARS ON THE ISSUE TO BE DECIDED

    WHEREIN: PROBATIVE FACTS ARE DATA THAT HAVE THE EFFECT OF PROVING AN ISSUE OR OTHER INFORMATION. PROBATIVE FACTS ESTABLISH THE EXISTENCE OF OTHER FACTS.

    WHEREIN: THEY ARE ADMISSIBLE AS EVIDENCE AND AID THE COURT IN THE FINAL RESOLUTION OF A DISPUTED ISSUE.

    WHY WOULD ANYONE BELIEVE ME?

    ———–————–

    Nov 9, 2017 I met with ELECTED CLALLAM COUNTY DCD Director Mary Ellen Winborn

    We spoke for about an hour…

    The bottom line… pretty much went like this.

    Mary Ellen said, “WE HAVE TO LEAVE THIS 2017 DCD 2017 SMP UPDATE TO THE PROFESSIONALS”…..

    WHY WOULD ANYONE BELIEVE YOU?

     ————————————————–

    REALLY, WHY WOULD ANYONE BELIEVE ME

    WHY INDEED,  BECAUSE, A DOCUMENT OR OTHER PIECE OF EVIDENCE WHICH ASSURES THE COURT OF  THE TALENT AND EXPERIENCE OF A WITNESS OR THE AUTHENTICITY OF THE DOCUMENT OR ARTICLE.

    I DID IN FACT LAY A FOUNDATION IN EVIDENCE DOWN THE CHAIN OF DOCUMENTARY EVIDENCE ON THE CLALLAM COUNTY SMP UPDATE  FROM DEC 5, 2009 TO NOV 11, 2017.

    CLALLAM CO SMP UPDATE LAYING DOWN THE LAW

    WHY AM I MAKING A FEDERAL CASE OUT OF THIS?

    THE EPA GRANTED AND FUNDED THE CLALLAM COUNTY DCD SMP UPDATE DRAFT.

    A US ENVIRONMENTAL  PROTECTION  ASSISTANCE GRANT  TO CLALLAM COUNTY WA  FOR PROJECT NO  PO-00J08801-1-2- 3.   IT  COST AMERICAN TAXPAYERS $1,329,915.00 DOLLARS.

    —————————————————————————-

    MAKING A FEDERAL CASE OUT OF THIS……

    THE RULES OF EVIDENCE BY FEDERAL LAW

    Congress in 1975 adopted the Federal Rules of Evidence. The Federal Rules of Evidence are the official rules in federal court proceedings. Most states now also have codified rules of evidence based on these federal rules. Both state and federal rules of evidence serve as a guide for judges and attorneys so that they can determine whether to admit evidence—that is, whether to allow evidence to be observed by the judge or jury making factual conclusions in a trial.

    EVIDENCE RELEVANCE OF ADMISSIBILITY

    RELEVANCE One important benchmark of admissibility is RELEVANCE. Federal Rule of Evidence 402 states, in part, “All relevant evidence is admissible, except as otherwise provided.” THE GOAL OF THIS RULE IS TO ALLOW PARTIES TO PRESENT ALL OF THE EVIDENCE THAT BEARS ON THE ISSUE TO BE DECIDED, and to keep out all evidence that is immaterial or that lacks Probative value. Evidence that is offered to help prove something that is not at issue is immaterial

    PROBATIVE RULES OF EVIDENCE

    Having the effect of proof, tending to prove, or actually proving.

    When a legal controversy goes to trial, the parties seek to prove their cases by the introduction of evidence. All courts are governed by RULES OF EVIDENCE that describe what types of evidence are admissible. One key element for the admission of evidence is whether it proves or helps prove a fact or issue. If so, the evidence is deemed probative. Probative evidence establishes or contributes to proof.

    PROBATIVE FACTS ARE DATA THAT HAVE THE EFFECT OF PROVING AN ISSUE OR OTHER INFORMATION.

    PROBATIVE FACTS ESTABLISH THE EXISTENCE OF OTHER FACTS.

    They are matters of evidence that make the existence of something more probable or less probable than it would be without them.

    THEY ARE ADMISSIBLE AS EVIDENCE AND AID THE COURT IN THE FINAL RESOLUTION OF A DISPUTED ISSUE

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    Behind My Back | Did Clallam Co need an SMP Update in 2010?

    www.behindmyback.org/…/06/didclallamconeedan-smpupdatein-2010

    Nov 06, 2017 · the shoreline inventory and characterization provide the foundation for the entire smp update process based on ecology’s 2010 clallam county shoreline …

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    Why would anyone believe me?

     In a court of law?  

    Why would anyone believe Pearl Rains Hewett, a Clallam County Country Bumpkin?

     In a court of law?  

    ————————————————————

     Behind My Back | 2017 SMP Draft New Black Lines and Purple

    www.behindmyback.org/2017/11/10/7347

    Nov 10, 2017 · THE NEW CLALLAM COUNTY DCD SMP Update 273 Page Draft is a very expensive, … Behind My Back + menu- … « Did Clallam Co need an SMP Update in 2010?

    ———————————————————————————–

     SAT NOV 11, 2017 WHAT ARE YOU GOING TO DO ABOUT IT?

    THE DEADLINE FOR PUBLIC COMMENT ON THE DCD 2017 SMP DRAFT UPDATE  IS DEC 12, 2017….

    Email your comments to:  SMP@co.clallam.wa.us  Clallam County Board of Commissioners

    What will happen in eight months? who knows?

    Meanwhile this Tenacious Clallam County Country Bumpkin  is doing the usual….

    I’ll just keep making more 2017 SMP Update Draft Public comments,  posting them on my website, and sending around in cyberspace.


  • President Trump “We do not need new laws”

    President Trump said  “We do not need new laws” Saying he would “work within the existing system and framework.”

    HR 22 “THE FAST ACT” IS AN EXISTING LAW

    AND PROVIDES FUNDING THROUGH 2020, MONEY THAT THE TRUMP ADMINISTRATION CAN WORK WITHIN (A 490 PAGE DOCUMENT)

    THE LAW AND THE AUTHORIZATION AND THE APPROPRIATIONS OF FUNDS, OUT OF THE HIGHWAY TRUST FUND WAS APPROVED BY CONGRESS.  HR 22, THE FAST ACT WAS SIGNED INTO LAW BY PRESIDENT OBAMA DEC 4, 2015.

    FAST Act – Congress.gov

    https://www.congress.gov/114/bills/hr22/BILLS-114hr22enr.pdf

    THIS ACT MAY BE CITED AS THE ”FIXING AMERICA’S SURFACE TRANSPORTATION ACT” OR THE ”FAST ACT”. (b) TABLE OF CONTENTS.—for The table of contents for this Act. click on the link above

    PRESIDENT TRUMP’S PICK, ELAINE CHAO IS  THE HEAD OF THE DEPARTMENT OF TRANSPORTATION, JAN 30 2017, REPLACING THE OUTGOING SECRETARY ANTHONY FOXX.

    IN 2015 OUTGOING SECRETARY FOXX SAID THIS ABOUT THE “FAST ACT”; IT’S NOT PERFECT, AND THERE IS STILL MORE LEFT TO DO, BUT IT REFLECTS A BIPARTISAN COMPROMISE I ALWAYS KNEW WAS POSSIBLE.”

    ——————————————————————

    INDEED, IT’S THE LAW AND IT’S THE TAXPAYERS MONEY APPROVED BY CONGRESS THROUGH 2020.

    CITED AS THE ”FIXING AMERICA’S SURFACE TRANSPORTATION ACT” OR THE ”FAST ACT”

    PAGES 11 AND 12 OF H. R. 22—”THE FAST ACT”

    FOLLOW THE MONEY AND NOTE THE BIPARTISAN COMPROMISE’S

    —————————————————–

    TITLE I—FEDERAL-AID HIGHWAYS

    Subtitle A—Authorizations and Programs

    SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL

    The following sums are authorized to be

    appropriated out of the Highway Trust Fund

    ————————————————————

    OTHER THAN THE MASS TRANSIT ACCOUNT

    ————————————————————-

    Jan 30, 2017 added for clarity

    In 2014, governments at various levels spent $165 billion

    to build, operate, and maintain highways, and they spent

    $65 billion on mass transit systems. (continued at the bottom)

    ———————————————————————

    (1) FEDERAL AID HIGHWAY PROGRAM

    For the national highway performance program under

    section 119 of title 23, United States Code, the surface transportation

    block grant program under section 133 of that title, the highway

    safety improvement program under section 148 of that title, the

    congestion mitigation and air quality improvement program

    under section 149 of that title, the national highway freight

    program under section 167 of that title, and to carry out section

    134 of that title—

    (A) $39,727,500,000 FOR FISCAL YEAR 2016;

    (B) $40,547,805,000 FOR FISCAL YEAR 2017;

    (C) $41,424,020,075 FOR FISCAL YEAR 2018;

    (D) $42,358,903,696 FOR FISCAL YEAR 2019; AND

    (E) $43,373,294,311 FOR FISCAL YEAR 2020.

    —————————————————-

    (2) TRANSPORTATION INFRASTRUCTURE FINANCE

    AND INNOVATION PROGRAM

    For credit assistance under the

    transportation infrastructure finance and innovation program

    under chapter 6 of title 23, United States Code—

    (A) $275,000,000 for fiscal year 2016;

    (B) $275,000,000 for fiscal year 2017;

    (C) $285,000,000 for fiscal year 2018;

    (D) $300,000,000 for fiscal year 2019; and

    (E) $300,000,000 for fiscal year 2020.

    ———————————————————————–

    (3) FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS

    (A) TRIBAL TRANSPORTATION PROGRAM

    For the tribal transportation program under section 202 of title 23,

    United States Code—

    (i) $465,000,000 for fiscal year 2016;

    (ii) $475,000,000 for fiscal year 2017;

    (iii) $485,000,000 for fiscal year 2018;

    (iv) $495,000,000 for fiscal year 2019; and

    (v) $505,000,000 for fiscal year 2020.

    ——————————————————————

    (B) FEDERAL LANDS TRANSPORTATION PROGRAM

    (i) IN GENERAL.FOR THE FEDERAL LANDS

    transportation program under section 203 of title 23, United

    States Code—

    (I) $335,000,000 for fiscal year 2016;

    (II) $345,000,000 for fiscal year 2017;

    (III) $355,000,000 for fiscal year 2018;

    (IV) $365,000,000 for fiscal year 2019; and

    (V) $375,000,000 for fiscal year 2020.

    ——————————————————–

    (ii) ALLOCATION.—Of the amount made available

    for a fiscal year under clause

    (I) THE AMOUNT FOR THE NATIONAL PARK SERVICE

    IS—

    (aa) $268,000,000 for fiscal year 2016;

    (bb) $276,000,000 for fiscal year 2017;

    (cc) $284,000,000 for fiscal year 2018;

    (dd) $292,000,000 for fiscal year 2019; and

    (ee) $300,000,000 for fiscal year 2020.

    ——————————————————————–

    The new DOI Sec. Zinke hinted at the hearing that one priority in an expected Trump-backed infrastructure bill will be to address a $12 billion backlog in maintenance at National Parks (NPS).

    —————————————————————————–

    (II) THE AMOUNT FOR THE UNITED STATES FISH

    AND WILDLIFE SERVICE is

    $30,000,000 FOR EACH OF

    FISCAL YEARS 2016 THROUGH 2020; AND

    ——————————————————-

    (III) THE AMOUNT FOR THE UNITED STATES FOREST

    SERVICE IS—

    (aa) $15,000,000 for fiscal year 2016;

    (bb) $16,000,000 for fiscal year 2017;

    (cc) $17,000,000 for fiscal year 2018;

    (dd) $18,000,000 for fiscal year 2019; and

    (ee) $19,000,000 for fiscal year 2020.

    —————————————————

    (C) FEDERAL LANDS ACCESS PROGRAM

    For the Federal lands access program under section 204

    of title 23, United States Code—

    (i) $250,000,000 for fiscal year 2016;

    (ii) $255,000,000 for fiscal year 2017;

    (iii) $260,000,000 for fiscal year 2018;

    (iv) $265,000,000 for fiscal year 2019; and

    (v) $270,000,000 for fiscal year 2020.

    ———————————————-

    (4) TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM

    For the territorial and Puerto Rico highway program under

    section 165 of title 23, United States Code, $200,000,000 for

    each of fiscal years 2016 through 2020.

    ————————————————-

    (5) NATIONALLY SIGNIFICANT FREIGHT

    AND HIGHWAY PROJECTS

    For nationally significant freight and highway

    projects under section 117 of title 23, United States Code—

    (A) $800,000,000 FOR FISCAL YEAR 2016;

    (B) $850,000,000 FOR FISCAL YEAR 2017;

    (C) $900,000,000 FOR FISCAL YEAR 2018;

    (D) $950,000,000 FOR FISCAL YEAR 2019; AND

    (E) $1,000,000,000 FOR FISCAL YEAR 2020.

    —————————————————————-

    YEP, THAT IS ONE TRILLION DOLLARS.

    —————————————————-

    PRESIDENT TRUMP HAS MANY OPTIONS JAN 30, 2017

    HR 22 THE FAST ACT IS AN EXISTING LAW AND PROVIDES FUNDING THROUGH 2020, MONEY THAT THE TRUMP ADMINISTRATION CAN WORK WITHIN (A 490 PAGE DOCUMENT)

    JUN 17, 2015 – HERE’S A 24 PAGE  SUMMARY, PROVIDED BY  THE CONGRESSIONAL BUDGET OFFICE ON THE STATUS OF THE HIGHWAY TRUST FUND AND “OPTIONS” FOR PAYING FOR HIGHWAY SPENDING

    ————————————————————-

    Highway Trust Fund – Congressional Budget Office

    https://www.cbo.gov/sites/default/files/…/50298-TransportationTestimony_1.pdf

    JUN 17, 2015 – SUMMARY. 1. SPENDING FOR HIGHWAYS AND MASS TRANSIT …

    $65 BILLION ON MASS TRANSIT SYSTEMS.the fund’s highway account or its transit account.

    ——————————————————–

    JUN 17, 2015,  snippets facts, options and oops.

     Since 2008, in fact, lawmakers have transferred $65 billion

    from the U.S. Treasury’s general fund to the Highway

    Trust Fund so that the trust fund’s obligations could be

    met in a timely manner.

    The trust fund could continue to receive supplements

    from the Treasury’s general fund. Lawmakers could maintain

    funding for surface transportation programs at the average

    amounts provided in recent years, but to do so they would need

     to transfer $3 billion before the end of fiscal year 2015 and

     between $11 billion and $22 billion every year thereafter

    through 2015, Spending resulting from such general fund transfers

    could be paid for by reducing other spending or by

    increasing revenues from broad-based taxes, or such

    transfers could add to deficits and thus increase federal

    borrowing

     Moreover, with its current revenue sources, the Highway

    Trust Fund cannot support spending at the current rate.

     The Congressional Budget Office estimates that spending

    in fiscal year 2015 for highways and transit programs

    funded from the Highway Trust Fund will be $44 billion

    and $8 billion, respectively, whereas revenues collected

    for those purposes are projected to be $34 billion and

    $5 billion, respectively.

     By CBO’s estimate, at the end of fiscal year 2015,

    the balance in the trust fund’s highway account will fall to

     about $2 billion and the balance in its  transit account will be

    about $1 billion.

    The Department of Transportation (DOT) would probably need

    to delay payments to states at some point before the end of fiscal

    year 2015 in order to keep the fund’s balance above zero,

    AS REQUIRED BY LAW. IN FACT, BECAUSE OF THE TIMING OF

    THE DEPOSITS TO THE TRUST FUND,

    ———————————————————

    Years are federal fiscal years, which run from October 1 to September 30 and are designated by the calendar year in which they end.

    —————————————————————————

     DOT HAS STATED THAT IT WOULD NEED TO DELAY PAYMENTS IF

    CASH BALANCES FELL BELOW $4 BILLION IN THE HIGHWAY ACCOUNT

     OR BELOW $1 BILLION IN THE TRANSIT ACCOUNT.

     THEN, IF NOTHING CHANGES, THE TRUST FUND’S BALANCE

    WILL BE INSUFFICIENT TO MEET ALL OF ITS OBLIGATIONS IN

     FISCAL YEAR 2016, AND THE TRUST FUND WILL INCUR STEADILY

     ACCUMULATING SHORTFALLS IN SUBSEQUENT YEARS.

    ———————————————————————

    The bottom line

    THANK GOD SOMETHING CHANGED ON NOV 8, 2016

    Jan 30, 2017 DONALD J. TRUMP IS THE PRESIDENT OF THE UNITED STATES OF AMERICA

    AND, UNDER THE  MANY LAWS, PRESIDENT TRUMP HAS MANY  OPTIONS.