First Substitute S.J.R. 1

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Jan 27, 2010 at 11:28 AM by rday. --> This document includes House Floor Amendments incorporated into the bill on Wed, Feb 17, 2010 at 1:01 PM by jeyring. -->

Senator Dennis E. Stowell proposes the following substitute bill:

1 ESCALANTE HERITAGE HOLE-IN-THE-ROCK
2 CENTER JOINT RESOLUTION
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Dennis E. Stowell
6 House Sponsor: Michael E. Noel
7
8 LONG TITLE
9 General Description:
10 This joint resolution of the Legislature expresses support for the construction of a
11 Heritage Center in Escalante, Utah, and for improvements to the Hole-in-the-Rock
12 Road, to highlight the journey of the San Juan/Hole-in-the-Rock colonizing expedition
13 during the winter of 1879-80 and to preserve the history of the most difficult colonizing
14 expedition in all of the West.
15 Highlighted Provisions:
16 This resolution:
17 . expresses support for the Escalante Heritage Center's effort to preserve the history
18 of the Hole-in-the-Rock pioneers, the history of the early explorations of the
19 Escalante Valley, and the settlement of the town Escalante in 1876 through the
20 heroic efforts of members of the Church of Jesus Christ of Latter-day Saints to
21 follow the call of their leader to colonize and tame a part of the frontier; and
22 . expresses support for improving safety and year round travel on the
23 Hole-in-the-Rock Road.
24 . Special Clauses:
25 None

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Senate 2nd Reading Amendments 1-27-2010 rd/jlw 26

27 Be it resolved by the Legislature of the state of Utah:
28 WHEREAS, in 1879, citizens of towns throughout Southern Utah answered the call of
29 John Taylor, President of the Church of Jesus Christ of Latter-day Saints, to colonize one of the
30 most remote parts of the Territory of Utah;
31 WHEREAS, taking what these colonizers thought would be a shortcut to the San Juan
32 area, they traveled through the frontier town of Escalante, which was settled in 1876, to the
33 Colorado River where they blasted and chiseled out a road in the crack of the canyon wall,
34 descending one thousand feet to the Colorado River;
35 WHEREAS, while this was the most difficult part of the trek, it was only one of many
36 difficulties they experienced before reaching their destination and establishing a settlement at
37 Bluff, Utah;
38 WHEREAS, what they thought would be a six-week journey took six months;
39 WHEREAS, the road these individuals created on their journey became the first road in
40 the Territory of Utah, traveling from west to east, to be funded by the Legislature, though it
41 cost only a few thousand dollars to purchase dynamite to blast through the walls of the
42 Hole-in-the-Rock;
43 WHEREAS, during the winter of 1879-80, 250 men, women, and children, trailing over
44 1,000 head of livestock, blazed a trail through 200 miles of the most rugged terrain in the West;
45 WHEREAS, Elizabeth Decker, a member of the colonizing party described it as ". . .
46 the roughest country you or anybody else ever saw. It's nothing in the world but rocks and
47 holes, hills and hollows";
48 WHEREAS, during their six-month journey, the San Juan colonizers were tempered
49 like fine steel for the formidable task of S. [ nurturing relations with the Native Americans, ] .S
49a tilling
50 the land S. [ , ] .S and establishing law and order;
51 WHEREAS, in reaching the San Juan area, the colonizers demonstrated unwavering
52 faith and devotion to duty and set the standard for future generations;
53 WHEREAS, in 2002, the Church of Jesus Christ of Latter-day Saints donated nine
54 acres of land in Escalante to build a Heritage Center, and also donated a water meter, which
55 was critical in allowing the project to move ahead;
56 WHEREAS, in 2007, the Richfield office of the Utah Department of Transportation

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House Floor Amendments 2-17-2010 je/jlw 57

granted the Escalante Heritage Center $125,000 to do a feasibility study, which was performed
58 by Landmark Design of Salt Lake City and completed in 2008;
59 WHEREAS, in 2009, the Salt Lake City office of the Utah Department of
60 Transportation granted the Escalante Heritage Center $500,000 to build the first of four phases
61 of the project;
62 WHEREAS, the Escalante Heritage Center is a nonprofit corporation engaged in raising
63 private and public funds to construct and maintain a center dedicated to preserving the history
64 and heritage of the Hole-in-the-Rock pioneers and the Escalante area;
65 WHEREAS, the state transportation improvement program includes $200,000 for
66 preliminary engineering to improve Hole-in-the-Rock Road;
66a H. Whereas, the Bureau of Land Management (BLM) has expressly recognized in an
66b administrative determination in 1988 that Garfield County owns an R.S. 2477 right-of-way for
66c the Hole-in-the-Rock Road;
66d Whereas, Garfield County, Kane County, and the state of Utah have valid
66e documentation that this road has been in existence since 1879 and has been in continuous use
66f for over 131 years;
66g Whereas, Garfield County, Kane County, and the state of Utah have expended public
66h tax monies to improve and maintain this road and other R.S. 2477 roads in their respective
66i counties for access to BLM and National Park Service-managed lands;
66j Whereas, Kane County has filed a Quiet Title Action to secure forever the property
66k right to this road and other roads in the county;
66l Whereas, this case, called the Hole-in-the-Rock Quiet Title Action, will be heard in
66m federal court in the near future; .H
67 WHEREAS, the Garfield County Commission fully supports this endeavor and is the
68 government sponsor of the project;
69 WHEREAS, the Mayor and City Council of Escalante fully support the Escalante
70 Heritage Center in its endeavor to preserve the history and heritage of the area;
71 WHEREAS, the Mormon Pioneer National Heritage Area project has declared the
72 building of the Escalante Heritage Center its top priority project;
73 WHEREAS, the Escalante Heritage Center Board has received letters of support from
74 officials of the Church of Jesus Christ of Latter-day Saints, the offices of both Senators Hatch
75 and Bennett, and the office of Congressman Jim Matheson;
76 WHEREAS, the Escalante Heritage Center Board has the support of officials of the

77 Grand Staircase Escalante National Monument, who feel that a science center on one side of

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House Floor Amendments 2-17-2010 je/jlw 78

the town of Escalante and a history center on the other side would represent bookends of
79 learning for everyone visiting the area; and
80 WHEREAS, Garfield County has received a letter of support from the Grand Staircase
81 Escalante National Monument for road improvements:
82 NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
83 expresses its support for the Escalante Heritage/Hole-in-the-Rock Center Board's efforts to
84 preserve the history of the Hole-in-the-Rock pioneers and the settlement of the Escalante area,
85 and to construct a building in which to tell the story of these historic pioneers and to improve
86 the road over which they traveled.
87 BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Escalante

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- 4 - 88 Heritage Center Board, the Garfield County Commission, the Mayor and City Council of
89 Escalante City, the Richfield and Salt Lake City offices of the Utah Department of
90 Transportation, Landmark Design, the Church of Jesus Christ of Latter-day Saints, and to the
91 members of Utah's congressional delegation.