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H.C.R. 5
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RESOLUTION ON WEST DESERT
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WILDERNESS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Dennis H. Iverson
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A CONCURRENT RESOLUTION OF THE LEGISLATURE AND THE GOVERNOR URGING
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S [
CONGRESS TO REJECT
]
THAT ANY FEDERAL
s LEGISLATION DESIGNATING
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WILDERNESS IN THE WEST
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DESERT REGION OF UTAH S [
UNLESS THE LEGISLATION FULLY PROTECTS THE
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INTERESTS OF THE STATE
]
AT A MINIMUM PROVIDES CERTAIN PROTECTIONS
s .
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Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
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WHEREAS, H.R. 3035, Wilderness Areas in Utah National Park System Lands, has been
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introduced in the United States House of Representatives, heard in the House Committee on
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Resources' Subcommittee on National Parks and Public Lands, and awaits committee mark up; and
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WHEREAS, federal legislation governing Utah wilderness must protect the interests of the
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state:
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NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
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Governor concurring therein, urge that any federal legislation designating wilderness in the west
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desert region of the state must, at a minimum, provide that:
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(1) the designation be subject to all preexisting rights and rights held by state, local, and
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tribal governmental entities and that no federal law shall terminate or affect any valid lease, permit,
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patent, right-of-way, or other land use right or authorization or privilege;
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(2) the grazing of livestock be permitted to continue based on sound range management,
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including predator control, permanent structures and water projects, which benefit the resource and
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S [
ensure
] s that grazing levels will remain viable for the operators within the wilderness areas;
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(3) the designation of wilderness areas in the west desert region of the state shall not lead
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to the creation of protective perimeters or buffer zones around any such wilderness area and that
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the creation of protective perimeters or buffer zones outside of the designated areas shall be
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prohibited;
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(4) S [
no federal law shall
]
ANY WILDERNESS LEGISLATION SHALL NOT
s change standards
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governing air or water quality outside of the
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designated wilderness areas;
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(5) S [
no federal law shall
]
ANY WILDERNESS LEGISLATION SHALL NOT
s constitute either an
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expressed or implied reservation of ground
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water or surface water;
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(6) S [
no federal law shall restrict or preclude or require prior approval
]
CONSISTENT WITH
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FEDERAL LAW ANY WILDERNESS LEGISLATION SHALL ALLOW
s for timely access to
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any area necessary to respond to emergency situations, including fire prevention or eradication S
ON
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STATE OR PRIVATELY-OWNED PROPERTY
s , and
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immediate access, including access for emergency and rescue vehicles and equipment, shall not
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be restricted if human life or health or property may be in jeopardy;
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(7) the Secretary of the Interior shall not continue the plan amendment process initiated
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pursuant to Section 202 of the Federal Land Policy and Management Act and identified by federal
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Register notice dated March 18, 1999, page 13439 within Box Elder, Tooele, Juab, Millard,
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Beaver, Iron, and Washington counties, and the lands of the United States administered by the
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Bureau of Land Management in these counties shall not be subject to future wilderness reinventory
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or study under Section 202 of the Federal Land Policy and Management Act of 1976;
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(8) the public lands in Box Elder, Tooele, Juab, Millard, Beaver, Iron, and Washington
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counties which are not designated for wilderness shall be released from further wilderness study
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and shall be managed in accordance with the multiple use h
AND SUSTAINED YIELD
h principles
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and definitions under the
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Federal Land Policy and Management Act of 1976;
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h
(9) THE DESIGNATION OF WILDERNESS AREAS IN THE WEST DESERT REGION OF THE
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STATE SHALL AVOID, WHERE POSSIBLE, KNOWN DEPOSITS OF ECONOMIC MINERALS
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IMPORTANT TO THE FUTURE ECONOMY OF UTAH;
h
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h [
(9)
]
(10)
h S [
the Secretary of the Interior's inventory, land use planning, and land
]
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[
management
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authority shall not include the authority to revisit the issue of wilderness protection for the public
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lands not designated wilderness in federal law
]
SHOULD WEST DESERT WILDERNESS LEGISLATION
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BECOME FEDERAL LAW, THE STATE OF UTAH WOULD CONCLUDE THE WILDERNESS ISSUE IS
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RESOLVED IN BOX ELDER, TOOELE, JUAB, MILLARD, BEAVER, IRON, AND WASHINGTON
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COUNTIES, AND THE STATE BELIEVES IT IS NOT IN THE BEST INTEREST OF THE STATE OR THE
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DEPARTMENT OF INTERIOR TO REVISIT THE ISSUE OF WILDERNESS PROTECTION FOR THE
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PUBLIC LANDS NOT DESIGNATED WILDERNESS
s ; S [
and
] s
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h [
(10)
]
(11)
h the Bureau of Land Management shall take into account the land use plans of
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local
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governmental and tribal governments and S [
shall
]
BE ENCOURAGED TO
s alter or amend existing
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land use plans for west
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desert wilderness areas to accommodate these local land use interests, including law enforcement,
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emergency services, and access by county government to ensure provision of public services and
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protection of county interests S [
.
]
; AND
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(11) THERE BE A SIMULTANEOUS EXCHANGE OF ANY STATE TRUST LANDS OR SOVEREIGN
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LANDS.
s
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BE IT FURTHER RESOLVED that a copy of this resolution be sent to the President of the
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United States Senate, the Speaker of the United States House of Representatives, the chairs of the
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United States House of Representatives Committee on Resources' Subcommittee on National
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Parks and Public Lands, and the members of Utah's congressional delegation.
Legislative Review Note
as of 2-2-00 11:17 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.