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H.C.R. 5 Enrolled
A CONCURRENT RESOLUTION OF THE LEGISLATURE AND THE GOVERNOR URGING
THAT ANY FEDERAL LEGISLATION DESIGNATING WILDERNESS IN THE WEST
DESERT REGION OF UTAH AT A MINIMUM PROVIDES CERTAIN PROTECTIONS.
Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
WHEREAS, H.R. 3035, Wilderness Areas in Utah National Park System Lands, has been
introduced in the United States House of Representatives, heard in the House Committee on
Resources' Subcommittee on National Parks and Public Lands, and awaits committee mark up; and
WHEREAS, federal legislation governing Utah wilderness must protect the interests of the
state:
NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
Governor concurring therein, urge that any federal legislation designating wilderness in the west
desert region of the state must, at a minimum, provide that:
(1) the designation be subject to all preexisting rights and rights held by state, local, and
tribal governmental entities and that no federal law shall terminate or affect any valid lease, permit,
patent, right-of-way, or other land use right or authorization or privilege;
(2) the grazing of livestock be permitted to continue based on sound range management,
including predator control, permanent structures and water projects, which benefit the resource and
that grazing levels will remain viable for the operators within the wilderness areas;
(3) the designation of wilderness areas in the west desert region of the state shall not lead
to the creation of protective perimeters or buffer zones around any such wilderness area and that
the creation of protective perimeters or buffer zones outside of the designated areas shall be
prohibited;
(4) any wilderness legislation shall not change standards governing air or water quality
outside of the designated wilderness areas;
(5) any wilderness legislation shall not constitute either an expressed or implied reservation
of ground water or surface water;
(6) consistent with federal law any wilderness legislation shall allow for timely access to any
area necessary to respond to emergency situations, including fire prevention or eradication on state
or privately-owned property, and immediate access, including access for emergency and rescue
vehicles and equipment, shall not be restricted if human life or health or property may be in jeopardy;
(7) the Secretary of the Interior shall not continue the plan amendment process initiated
pursuant to Section 202 of the Federal Land Policy and Management Act and identified by federal
Register notice dated March 18, 1999, page 13439 within Box Elder, Tooele, Juab, Millard, Beaver,
Iron, and Washington counties, and the lands of the United States administered by the Bureau of
Land Management in these counties shall not be subject to future wilderness reinventory or study
under Section 202 of the Federal Land Policy and Management Act of 1976;
(8) the public lands in Box Elder, Tooele, Juab, Millard, Beaver, Iron, and Washington
counties which are not designated for wilderness shall be released from further wilderness study and
shall be managed in accordance with the multiple use and sustained yield principles and definitions
under the Federal Land Policy and Management Act of 1976;
(9) the designation of wilderness areas in the west desert region of the state shall avoid,
where possible, known deposits of economic minerals important to the future economy of Utah;
(10) should West Desert wilderness legislation become federal law, the state of Utah would
conclude the wilderness issue is resolved in Box Elder, Tooele, Juab, Millard, Beaver, Iron, and
Washington Counties, and the state believes it is not in the best interest of the state or the Department
of Interior to revisit the issue of wilderness protection for the public lands not designated wilderness;
(11) the Bureau of Land Management shall take into account the land use plans of local
governmental and tribal governments and be encouraged to alter or amend existing land use plans for
west desert wilderness areas to accommodate these local land use interests, including law
enforcement, emergency services, and access by county government to ensure provision of public
services and protection of county interests; and
(12) there be a simultaneous exchange of any state trust lands or sovereign lands.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to the President of the
United States Senate, the Speaker of the United States House of Representatives, the chairs of the
United States House of Representatives Committee on Resources' Subcommittee on National Parks
and Public Lands, and the members of Utah's congressional delegation.
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