have treated approximately 200,000 acres of pinyon/juniper on private lands, state lands, wildlife
lands, and Bureau of Land Management (BLM) forest lands. They have been able to stabilize
the soils in those areas and preserve the water. Soils must be maintained for the protection of
watersheds. Chaining can be used to remove unwanted weed species and can also be used to
cover the seed. He discussed the species they have seeded. The division is putting its efforts into
community restoration and native species.
Mr. Steve Monson, Shrub Lab, U.S.D.A. Forest Service, distributed information on
pinyon/juniper areas. He explained that pinyon/juniper, although native species, have increased
in occupancy due to grazing and the lack of wildland fires. When trees gain dominance in an
area, they tend to be suppressive to the under story and native vegetation is lost. If seeding is
done, the seeds must be planted in the ground, not just thrown on the surface. He discussed the
importance of watersheds and the effect pinyon/juniper have on them. Within a 100-year period
of time as pinyon/juniper occupy a site, the area loses 5-6 inches of soil. Chaining and seeding
distinctly reduces the amount of soil erosion and sedimentation in these areas. He stated that
there is an active effort underway in developing native species that fit these sites. He said more
time and effort should be spent in developing the native seed industry and the technologies to
effectively plant these sites.
Rep. Johnson distributed a letter from Professor Val Jo Anderson, Brigham Young
University, who was on the agenda but was unable to attend the meeting.
Rep. Iverson noted that a lawsuit filed by the Southern Utah Wilderness Alliance has
stopped progress being made with the chaining and revegetation process.
The committee discussed what action could be taken to make the Southern Utah
Wilderness Alliance aware of all the facts regarding chaining and reseeding.
MOTION: Rep. Hatch moved to support the U.S. Forest Service, Division of Wildlife Resources, Department of Agriculture, Utah State University, and the BLM in their efforts to
reseed areas that have been devastated by fire. A letter of support from the committee stating the
facts surrounding these efforts should be drafted and circulated. The motion passed
unanimously. Reps. Carlson and Styler were absent during the vote.
MOTION: Rep. Evans recommended working with the Society for Range Management and other organizations for a combined effort to promote the proper use of these methods. The
motion passed unanimously. Reps. Carlson and Styler were absent during the vote.
MOTION: Rep. Tanner moved to approve the minutes of June 18, 1997. The motion
passed unanimously. Rep. Carlson was absent during the vote.
3. Environmental Laws - Compliance and Enforcement - Mr. Brent Bradford, Department of Environmental Quality, stated that approximately one and one-half years ago the
Environmental Council of the States signed a memorandum of agreement with the
Environmental Protection Agency (EPA) that created the National Performance Partnership
System. The system was designed to bring states into partnership with EPA on administering
environmental programs and to reduce or eliminate EPA oversight; however, EPA's creation of
the Office of Enforcement and Compliance Assistance has caused the states many problems. He
said there have been compliance situations in Utah where the state has taken an action,
negotiated a solution amenable to both parties, and after a settlement EPA has proposed more
severe penalties. By doing so, EPA weakens the department's ability to gain compliance. Mr.
Bradford stated that EPA measures the success of environmental enforcement in the country by
the number of penalties it has imposed. Experience indicates that the deterrent effect is not as
significant as EPA believes it is. Compliance can be achieved more readily in many cases by
working together and understanding the requirements. Mr. Bradford indicated the state should
be allowed to deal with these issues as the delegated entity. The national performance
partnership agreement Utah entered into provided that opportunity.
Mr. Fred Nelson, Attorney General's Office, explained that federal and state laws
establish three different types of penalties: 1) civil; 2) administrative; and 3) criminal. The
administrative penalty is frequently imposed by EPA. A civil penalty must be obtained by a
court order. Criminal penalties involve going before a grand jury and through the federal judicial
system. The penalty process under the federal act is different from state law. The major
difference is the nature and extent of the criminal penalties. Mr. Nelson expressed concern that
most cases are being moved into the federal judicial system. He said his office believes the
criminal penalty provisions in the air and water laws of the state of Utah should be revised.
Mr. Bradford said the department is in the process of developing suggested language
regarding criminal penalties to be proposed legislatively. He indicated that civil penalties should
also be examined, but the department is not sure that increasing civil penalties is the answer.
4. Agricultural Issues - Commissioner Cary Peterson, Department of Agriculture and Food, distributed an article concerning urban sprawl written by Henry Richmond who addressed
the Utah Growth Summit a few years. According to Mr. Richmond, the amount of developed
land in the United States is growing much faster than the population. As the total perimeter of a
city grows, the cost of community services in comparison to the population grows
disproportionately. As Utah's and the nation's population grows, agricultural land will not be
adequate to support the population.
Mr. Randy Parker, Department of Agriculture and Food, stated the largest single export
from the U.S., totaling approximately $60 billion in the last two years, is agricultural and food
products. During the last year, Utah's agricultural commodity and processed food exports
exceeded $280 million, representing approximately 7 percent of Utah's total global trade.
Agriculture accounts for over 100,000 jobs in the state of Utah of which 5,000 are directly tied to
food and agriculture exports. Animal agriculture continues to be the foundation of Utah's
commodity exports. Manufactured foods is the fastest growing area of international marketing in
the state.
Mr. Mike Marshall, Department of Agriculture and Food, discussed a new meat
inspection program of the Division of Animal Industry. The new program, Pathogen Reduction -
- Hazard Analysis and Critical Control Point (HACCP), requires each plant to have its own
quality assurance program in place. State meat inspectors monitor the plants' programs. Quality
assurance, corrective action, a better record-keeping system, education, training, and verification
are all part of the new system.
Mr. Marshall noted they must deal with the Food and Drug Administration (FDA) which
is very heavy-handed. He said Utah is losing its ability to help those in agriculture and asked for
the committee's assistance to remedy the situation. If there is a way to change the way FDA
deals with other agencies and the public, it should be adopted.
MOTION: Rep. Buttars moved to adjourn the meeting at 5:30 p.m. The motion passed unanimously.