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H.C.R. 6

             1     

RESOLUTION URGING APPROVAL PROCESS

             2     
REQUIRED BEFORE FEDERAL WILD AND

             3     
SCENIC RIVER DESIGNATION

             4     
2003 GENERAL SESSION

             5     
STATE OF UTAH

             6     
Sponsor: Bradley T. Johnson

             7      This concurrent resolution of the Legislature and the Governor urges the federal
             8      government to receive approval of both the Legislature and the Governor prior to
             9      designating a wild and scenic river under the Federal Wild and Scenic River Act.
             10      Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
             11          WHEREAS, the Wild and Scenic Rivers Act was passed by Congress in 1968;
             12          WHEREAS, the act stated that: "certain selected rivers of the Nation, which, with their
             13      immediate environments, possess outstandingly remarkable scenic, recreational, geologic, fish
             14      and wildlife, historic, cultural, or other similar values, shall be preserved in the free flowing
             15      condition, and that they and their immediate environments shall be protected for the benefit and
             16      enjoyment of present and future generations";
             17          WHEREAS, the act further stated that the protection would depend on the "type and
             18      degree of human development associated with the river and adjacent lands";
             19          WHEREAS, rivers designated for protection and preservation, or under study for
             20      designation, are withdrawn from consideration for water or power projects;
             21          WHEREAS, Congress must approve any rivers recommended by federal agencies for
             22      designation in the Wild and Scenic River System;
             23          WHEREAS, the role of states in the designation of a wild and scenic river should
             24      include a requirement that the federal government receive the approval of the state legislative
             25      body and the Governor prior to any designation; and
             26          WHEREAS, state approval prior to designation is a vital step in ensuring that the
             27      concerns of citizens and governmental entities most directly affected by the designation have



             28      been heard and carefully considered:
             29          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
             30      Governor concurring therein, strongly urge the federal government to receive the approval of
             31      the Legislature and the Governor of a state prior to designating a river within the state as a wild
             32      and scenic river in accordance with the Wild and Scenic River Act.
             33          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the director of
             34      the United States Department of the Interior, h THE UNITED STATES DEPARTMENT OF
             34a      AGRICULTURE, h the Utah Department of Natural Resources, and
             35      the members of Utah's congressional delegation.




Legislative Review Note
    as of 1-20-03 9:19 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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