1     
NATIONAL FOREST ROAD OBSTRUCTIONS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael E. Noel

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions relating to obstructions on roads in the Dixie National
10     Forest.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that certain provisions of the Local Jurisdiction Related to Federally
14     Managed Land Act apply under certain circumstances when an obstruction occurs
15     on a road identified as part of the Utah transportation plan for the Cedar City,
16     Powell, Escalante, and Fremont ranger districts of the Dixie National Forest in
17     Garfield, Iron, Kane, and Wayne counties.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          63J-8-105.1, as enacted by Laws of Utah 2014, Chapter 361
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 63J-8-105.1 is amended to read:

28          63J-8-105.1. State of Utah transportation plan for the Cedar City, Powell,
29     Escalante, and Fremont ranger districts of the Dixie National Forest.
30          (1) (a) The state designates this state of Utah transportation plan for the Cedar City,
31     Powell, Escalante, and Fremont ranger districts of the Dixie National Forest.
32          (b) The plan was established pursuant to:
33          (i) the requirement in the United States Forest Service's Multiple-Use Sustained-Yield
34     Act of 1960, 16 U.S.C. Sec. 528, that lands within the national forests be managed according to
35     the principles of multiple use; and
36          (ii) the right which FLPMA, the National Environmental Policy Act, 42 U.S.C. Sec.
37     4321 et seq., and the Federal Advisory Committee Act, 5 U.S.C. Appendix 2, give to state and
38     local governments to participate in all BLM and United States Forest Service efforts to plan for
39     the responsible use of BLM and United States Forest Service lands and the requirement that
40     BLM and the United States Forest Service coordinate planning efforts with those of state and
41     local governments.
42          (c) This section is a statement of the state of Utah's policy and plan for a desired
43     transportation system for the Cedar City, Powell, Escalante, and Fremont ranger districts of the
44     Dixie National Forest.
45          (d) This section does not mandate compliance with this policy by the United States
46     Forest Service nor does it override or usurp the United States Forest Service's authority within
47     this area.
48          (e) This section is a statement of state policy for use by the United States Forest
49     Service and other interested stakeholders as required by federal law in making planning
50     decisions and project management decisions within the Cedar City, Powell, Escalante, and
51     Fremont ranger districts of the Dixie National Forest.
52          (2) There is established and designated a state of Utah transportation plan for the Cedar
53     City, Powell, Escalante, and Fremont ranger districts of the Dixie National Forest in Garfield,
54     Iron, Kane, and Wayne counties, Utah for the purpose of:
55          (a) preserving and protecting against threats to the longstanding transportation
56     networks that have served the public for decades within these ranger districts;
57          (b) preserving and protecting against threats to the longstanding traditional recreation
58     resource values that have served the public for decades within these ranger districts;

59          (c) preserving and protecting against threats to the longstanding public road access that
60     is vital to the agricultural livestock and forest products industries within these ranger districts;
61          (d) preserving and protecting against threats to the significant history, culture, customs,
62     and economic values in these ranger districts, and in the various communities situated near
63     these ranger districts;
64          (e) preserving and protecting against threats to the civil rights of the disabled, the
65     elderly, and the economically disadvantaged to have access to the great outdoor resource and
66     values existing in these ranger districts;
67          (f) preserving and protecting against threats to road networks vital to restoring,
68     reclaiming, preserving, protecting, enhancing, and developing the state's water resources on the
69     watersheds existing within these ranger districts;
70          (g) protecting, preserving, and enhancing affected natural, historical, and cultural
71     activities within these ranger districts from ongoing threats; and
72          (h) preserving and protecting the longstanding network of publicly accessible roads
73     within these ranger districts, in order to protect:
74          (i) the health, safety, and welfare of citizens who live near these ranger districts, and
75     persons who visit and recreate therein, from the threat of catastrophic fire and its resulting
76     problems of watershed and habitat destruction, erosion, silt load, and flooding, which can only
77     be managed, prevented, combatted, and mitigated through a proper transportation network
78     throughout these ranger districts;
79          (ii) hunter access to manage wildlife populations; and
80          (iii) forage conditions for livestock grazing and wildlife habitat.
81          (3) The state of Utah transportation plan for the Cedar City, Powell, Escalante, and
82     Fremont ranger districts of the Dixie National Forest consists of all roads shown in the map
83     jointly prepared by the Garfield, Iron, Kane, and Wayne County GIS departments in February
84     2014, entitled "State of Utah Transportation Plan for Dixie National Forest," printed copies of
85     which will be maintained by the Utah Association of Counties and made available to the public
86     upon request.
87          (4) (a) (i) The map described in Subsection (3) also documents the move by Dixie
88     National Forest to close and otherwise deny the public's longstanding access to many of the
89     roads shown on the map in the Cedar City, Powell, Escalante, and Fremont ranger districts, by

90     reason of the United States Forest Service's implementing a recent motorized travel plan for the
91     Dixie National Forest.
92          (ii) These closures and other denials of public road access through the motorized travel
93     plan of the Dixie National Forest constitute an ongoing direct threat to the resources and values
94     referenced in Subsection (2).
95          (b) The state of Utah's transportation plan for these ranger districts conflicts with the
96     United States Forest Service's recent motorized travel plan for the Dixie National Forest.
97          (c) The state of Utah's transportation plan for these ranger districts recognizes that all
98     roads shown on the map referenced in Subsection (3) should be kept open to the public.
99          (5) The state finds that keeping open to the public all roads shown on the map
100     referenced in Subsection (3) is necessary and vital to preserve and protect the values cited in
101     Subsection (2).
102          (6) The state requests that the federal agencies that administer lands within the Cedar
103     City, Powell, Escalante, and Fremont ranger districts of the Dixie National Forest:
104          (a) fully cooperate and coordinate with the state of Utah and the respective counties in
105     which these ranger districts lie, to develop, amend, and implement United States Forest Service
106     land and resource management plans and transportation plans, and implement management
107     decisions pursuant to those plans, that are consistent with the purposes, goals, and policies
108     described in this section to the maximum extent allowed under federal law;
109          (b) enter into agreements regarding the maintenance, upkeep, and improvement of
110     roads in these ranger districts;
111          (c) refrain from any planning decisions and management actions that will undermine,
112     restrict, or diminish the goals, purposes, and policies as stated in this section; and
113          (d) refrain from implementing a policy that is contrary to the goals and purposes
114     described within this section.
115          (7) (a) The state recognizes the importance of longstanding road networks in all
116     national forests in the state but establishes this transportation plan to provide special protection
117     and preservation against the identified threats found to exist in the Cedar City, Powell,
118     Escalante, and Fremont ranger districts of the Dixie National Forest.
119          (b) It is the intent of the state to designate additional forest transportation plans in
120     future years as circumstances warrant their special protection and preservation.

121          (8) The state calls upon applicable federal, state, and local agencies to coordinate with
122     each other and establish applicable intergovernmental standing commissions, with membership
123     consisting of representatives from the United States government, the state of Utah, and local
124     governments, to coordinate and achieve consistency in planning decisions and management
125     actions consistent with the goals and policies of this section for the Cedar City, Powell,
126     Escalante, and Fremont ranger districts of the Dixie National Forest.
127          (9) Subsections 11-51-103(1)(a) and (b) shall govern and apply to the county sheriff in
128     relation to an obstruction, and Subsection 11-51-103(1)(b) shall govern and apply to the
129     attorney general in relation to an obstruction, if:
130          (a) the obstruction occurs on a road identified as part of the Utah transportation plan
131     for the Cedar City, Powell, Escalante, and Fremont ranger districts of the Dixie National Forest
132     in Garfield, Iron, Kane, and Wayne counties; and
133          (b) the county sheriff finds that the obstruction adversely affects the public health,
134     safety, and welfare of the people of the political subdivision by obstructing travel that is
135     necessary for:
136          (i) the maintenance of natural resources; or
137          (ii) another public purpose.
138          (10) Subsections 11-51-103(2) and (3) shall govern and apply to the county sheriff in
139     relation to any action to remove an obstruction, and Subsection 11-51-103(3) and Section
140     11-51-104 shall govern and apply to the attorney general in relation to removal by the county
141     sheriff of an obstruction, if:
142          (a) the obstruction occurs on a road identified as part of the Utah transportation plan
143     for the Cedar City, Powell, Escalante, and Fremont ranger districts of the Dixie National Forest
144     in Garfield, Iron, Kane, and Wayne counties; and
145          (b) the county sheriff finds that the obstruction constitutes an imminent threat to the
146     public health, safety, and welfare of the people of the political subdivision by obstructing travel
147     that is necessary for:
148          (i) a potential emergency medical response;
149          (ii) a potential wildfire response; or
150          (iii) another potential law enforcement response.







Legislative Review Note
Office of Legislative Research and General Counsel