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Second Substitute H.J.R. 27

Representative Ben C. Ferry proposes the following substitute bill:


             1     
RESOLUTION AUTHORIZING BEAR RIVER

             2     
MIGRATORY BIRD REFUGE SETTLEMENT

             3     
2002 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Ben C. Ferry

             6      This joint resolution of the Legislature approves the settlement agreement to be reached
             7      between the state of Utah, through the Department of Natural Resources, and the United
             8      States Department of the Interior, through the Fish and Wildlife Service, regarding the
             9      disposition of lands in question within the boundaries of the Bear River Migratory Bird
             10      Refuge.
             11      Be it resolved by the Legislature of the state of Utah:
             12          WHEREAS, the Bear River Migratory Bird Refuge, located in the Bear River Bay of the
             13      Great Salt Lake, is of great value to the citizens of Utah;
             14          WHEREAS, the Bear River Migratory Bird Refuge provides essential habitat to millions
             15      of birds and other wildlife in fulfillment of international treaty obligations of the United States;
             16          WHEREAS, the continued preservation of the Bear River Migratory Bird Refuge is in the
             17      interest of the nation and the citizens of Utah;
             18          WHEREAS, questions have arisen as to whether the state or the federal government has
             19      ownership of lands within the boundaries of the Bear River Migratory Bird Refuge;
             20          WHEREAS, the state claims that much of the Bear River Migratory Bird Refuge land is
             21      state sovereign land;
             22          WHEREAS, the lands in question within the boundaries of the expanded Bear River
             23      Migratory Bird Refuge amount to approximately 70,000 acres;
             24          WHEREAS, it is in the best interest of the Bear River Migratory Bird Refuge and the
             25      citizens of Utah to resolve the issue of ownership of lands within the boundaries of the Bear River


             26      Migratory Bird Refuge in a timely manner; and
             27          WHEREAS, the Utah Department of Natural Resources and the United States Department
             28      of the Interior, Fish and Wildlife Service, are negotiating a settlement agreement regarding the
             29      disposition of lands in question within the boundaries of the Bear River Migratory Bird Refuge:
             30          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
             31      approves the settlement agreement between the state of Utah, through the Department of Natural
             32      Resources, and the United States Department of the Interior, through the Fish and Wildlife Service,
             33      regarding the disposition of lands in question within the boundaries of the Bear River Migratory
             34      Bird Refuge if:
             35          (1) the terms of the settlement agreement are consistent with the terms of H.B. 162, "Use
             36      of Bear River Bird Refuge Settlement Monies," 2002 General Session, as it is enrolled; and
             37          (2) the settlement agreement is fully funded by the federal government.
             38          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Governor, the
             39      Utah Department of Natural Resources, and to the United States Department of the Interior, Fish
             40      and Wildlife Service.
             41          BE IT FURTHER RESOLVED that the Legislature approves an immediate effective date
             42      for this resolution.


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