S.B. 83

This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 15, 2012 at 1:41 PM by khelgesen. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Feb 22, 2012 at 4:39 PM by cmillar. --> This document includes House Committee Amendments incorporated into the bill on Wed, Feb 29, 2012 at 3:19 PM by jeyring. --> 1

UINTAH BASIN ENERGY ZONES
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kevin T. Van Tassell
5 House Sponsor: John G. Mathis
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 63J, Chapter 8, State of Utah Resource Management Plan for
10 Federal Lands, by creating the Uintah Basin Energy Zone.
11 Highlighted Provisions:
12 This bill:
13 . defines the term "Uintah Basin Energy Zone";
14 . creates the Uintah Basin Energy Zone;
15 . adopts an energy exploration, access, and development policy for the Uintah Basin
16 Energy Zone, including:
17 . promoting full, responsible development of energy and mineral resources within
18 the Uintah Basin Energy Zone; and
19 . achieving and maintaining sustainable levels of energy, hard rock, and natural
20 resources in the Uintah Basin Energy Zone;
21 . promotes local, state, and federal collaboration to develop energy and mineral
22 resources in the Uintah Basin Energy Zone; and
23 . makes technical changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 This bill provides an immediate effective date.

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House Committee Amendments 2-29-2012 je/rf 28

Utah Code Sections Affected:
29 AMENDS:
29a H. 63J-4-401, as last amended by Laws of Utah 2009, Chapter 121 .H
30 63J-8-102, as enacted by Laws of Utah 2011, Chapter 49
31 63J-8-105, as enacted by Laws of Utah 2011, Chapter 49
32 ENACTS:
33 63J-8-105.5, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
35a H. Section 1. Section 63J-4-401 is amended to read:
35b 63J-4-401. Planning duties of the planning coordinator and office.
35c (1) The state planning coordinator shall:
35d (a) act as the governor's adviser on state, regional, metropolitan, and local governmental
35e planning matters relating to public improvements and land use;
35f (b) counsel with the authorized representatives of the Department of Transportation, the State
35g Building Board, the Department of Health, the Department of Workforce Services, the Labor
35h Commission, the Department of Natural Resources, the School and Institutional Trust Lands
35i Administration, and other proper persons concerning all state planning matters;
35j (c) when designated to do so by the governor, receive funds made available to Utah by the
35k federal government;
35l (d) receive and review plans of the various state agencies and political subdivisions relating to
35m public improvements and programs;
35n (e) when conflicts occur between the plans and proposals of state agencies, prepare specific
35o recommendations for the resolution of the conflicts and submit the recommendations to the governor
35p for a decision resolving the conflict;
35q (f) when conflicts occur between the plans and proposals of a state agency and a political
35r subdivision or between two or more political subdivisions, advise these entities of the conflict and make
35s specific recommendations for the resolution of the conflict;
35t (g) act as the governor's planning agent in planning public improvements and land use and, in
35u this capacity, undertake special studies and investigations;
35v (h) provide information and cooperate with the Legislature or any of its committees in
35w conducting planning studies;
35x (i) cooperate and exchange information with federal agencies and local, metropolitan, or
35y regional agencies as necessary to assist with federal, state, regional, metropolitan, and local programs;
35z (j) make recommendations to the governor that the planning coordinator considers advisable
35aa for the proper development and coordination of plans for state government and political . H

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House Committee Amendments 2-29-2012 je/rf 35ab

H. subdivisions; and
35ac (k) oversee and supervise the activities and duties of the public lands policy coordinator.
35ad (2) The state planning coordinator may:
35ae (a) perform regional and state planning and assist state government planning agencies in
35af performing state planning;
35ag (b) provide planning assistance to Indian tribes regarding planning for Indian reservations;
35ah and
35ai (c) assist city, county, metropolitan, and regional planning agencies in performing local,
35aj metropolitan, and regional planning, provided that the state planning coordinator and the state
35ak planning coordinator's agents and designees recognize and promote the plans, policies, programs,
35al processes, and desired outcomes of each planning agency whenever possible.
35am (3) When preparing or assisting in the preparation of plans, policies, programs, or processes
35an related to the management or use of federal lands or natural resources on federal lands in Utah, the
35ao state planning coordinator shall:
35ap (a) incorporate the plans, policies, programs, processes, and desired outcomes of the counties
35aq where the federal lands or natural resources are located, to the maximum extent consistent with state
35ar and federal law, provided that this requirement shall not be interpreted to infringe upon the authority
35as of the governor;
35at (b) identify inconsistencies or conflicts between the plans, policies, programs, processes, and
35au desired outcomes prepared under Subsection (3)(a) and the plans, programs, processes, and desired
35av outcomes of local government as early in the preparation process as possible, and seek resolution of the
35aw inconsistencies through meetings or other conflict resolution mechanisms involving the necessary and
35ax immediate parties to the inconsistency or conflict;
35ay (c) present to the governor the nature and scope of any inconsistency or other conflict that is
35az not resolved under the procedures in Subsection (3)(b) for the governor's decision about the position of
35ba the state concerning the inconsistency or conflict;
35bb (d) develop, research, and use factual information, legal analysis, and statements of desired
35bc future condition for the state, or subregion of the state, as necessary to support the plans, policies,
35bd programs, processes, and desired outcomes of the state and the counties where the federal lands or
35be natural resources are located;
35bf (e) establish and coordinate agreements between the state and federal land management
35bg agencies, federal natural resource management agencies, and federal natural resource regulatory
35bh agencies to facilitate state and local participation in the development, revision, and implementation of
35bi land use plans, guidelines, regulations, other instructional memoranda, or similar documents proposed
35bj or promulgated for lands and natural resources administered by federal agencies; and
35bk (f) work in conjunction with political subdivisions to establish agreements with federal land
35bl management agencies, federal natural resource management agencies, and federal natural .H

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House Committee Amendments 2-29-2012 je/rf 35bm

H. resource regulatory agencies to provide a process for state and local participation in the
35bn1 preparation
35bn of, or coordinated state and local response to, environmental impact analysis documents and similar
35bo documents prepared pursuant to law by state or federal agencies.
35bp (4) The state planning coordinator shall comply with the requirements of Subsection
35bq 63C-4-102(8) before submitting any comments on a draft environmental impact statement or on an
35br environmental assessment for a proposed land management plan, if the governor would be subject to
35bs Subsection 63C-4-102(8) if the governor were submitting the material.
35bt (5) The state planning coordinator shall cooperate with and work in conjunction with
35bu appropriate state agencies and political subdivisions to develop policies, plans, programs, processes,
35bv and desired outcomes authorized by this section by coordinating the development of positions:
35bw (a) through the Resource Development Coordinating Committee;
35bx (b) in conjunction with local government officials concerning general local government plans;
35by (c) by soliciting public comment through the Resource Development Coordinating Committee;
35bz and
35ca (d) by working with the Public Lands Policy Coordinating Office.
35cb (6) The state planning coordinator shall recognize and promote the following principles when
35cc preparing any policies, plans, programs, processes, or desired outcomes relating to federal lands and
35cd natural resources on federal lands pursuant to this section:
35ce (a) (i) the citizens of the state are best served by applying multiple-use and sustained-yield
35cf principles in public land use planning and management; and
35cg (ii) multiple-use and sustained-yield management means that federal agencies should develop
35ch and implement management plans and make other resource-use decisions that:
35ci (A) achieve and maintain in perpetuity a high-level annual or regular periodic output of
35cj mineral and various renewable resources from public lands;
35ck (B) support valid existing transportation, mineral, and grazing privileges at the highest
35cl reasonably sustainable levels;
35cm (C) support the specific plans, programs, processes, and policies of state agencies and local
35cn governments;
35co (D) are designed to produce and provide the desired vegetation for the watersheds, timber,
35cp food, fiber, livestock forage, and wildlife forage, and minerals that are necessary to meet present needs
35cq and future economic growth and community expansion without permanent impairment of the
35cr productivity of the land;
35cs (E) meet the recreational needs and the personal and business-related transportation needs of
35ct the citizens of the state by providing access throughout the state;
35cu (F) meet the recreational needs of the citizens of the state;
35cv (G) meet the needs of wildlife; .H

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House Committee Amendments 2-29-2012 je/rf 35cw

H. (H) provide for the preservation of cultural resources, both historical and archaeological;
35cx (I) meet the needs of economic development;
35cy (J) meet the needs of community development; and
35cz (K) provide for the protection of water rights;
35da (b) managing public lands for "wilderness characteristics" circumvents the statutory
35db wilderness process and is inconsistent with the multiple-use and sustained-yield management standard
35dc that applies to all Bureau of Land Management and U.S. Forest Service lands that are not wilderness
35dd areas or wilderness study areas;
35de (c) all waters of the state are:
35df (i) owned exclusively by the state in trust for its citizens;
35dg (ii) are subject to appropriation for beneficial use; and
35dh (iii) are essential to the future prosperity of the state and the quality of life within the state;
35di (d) the state has the right to develop and use its entitlement to interstate rivers;
35dj (e) all water rights desired by the federal government must be obtained through the state
35dk water appropriation system;
35dl (f) land management and resource-use decisions which affect federal lands should give priority
35dm to and support the purposes of the compact between the state and the United States related to school
35dn and institutional trust lands;
35do (g) development of the solid, fluid, and gaseous mineral resources of the state is an important
35dp part of the economy of the state, and of local regions within the state;
35dq (h) the state should foster and support industries that take advantage of the state's outstanding
35dr opportunities for outdoor recreation;
35ds (i) wildlife constitutes an important resource and provides recreational and economic
35dt opportunities for the state's citizens;
35du (j) proper stewardship of the land and natural resources is necessary to ensure the health of
35dv the watersheds, timber, forage, and wildlife resources to provide for a continuous supply of resources
35dw for the people of the state and the people of the local communities who depend on these resources for a
35dx sustainable economy;
35dy (k) forests, rangelands, timber, and other vegetative resources:
35dz (i) provide forage for livestock;
35ea (ii) provide forage and habitat for wildlife;
35eb (iii) provide resources for the state's timber and logging industries;
35ec (iv) contribute to the state's economic stability and growth; and
35ed (v) are important for a wide variety of recreational pursuits;
35ee (l) management programs and initiatives that improve watersheds, forests, and increase forage
35ef for the mutual benefit of wildlife species and livestock, logging, and other agricultural industries by
35eg utilizing proven techniques and tools are vital to the state's economy and the quality of life in .H

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House Committee Amendments 2-29-2012 je/rf 35eh

H. Utah; and
35ei (m) (i) land management plans, programs, and initiatives should provide that the amount of
35ej domestic livestock forage, expressed in animal unit months, for permitted, active use as well as the
35ek wildlife forage included in that amount, be no less than the maximum number of animal unit months
35el sustainable by range conditions in grazing allotments and districts, based on an on-the-ground and
35em scientific analysis;
35en (ii) the state opposes the relinquishment or retirement of grazing animal unit months in favor
35eo of conservation, wildlife, and other uses;
35ep (iii) (A) the state favors the best management practices that are jointly sponsored by
35eq cattlemen's, sportsmen's, and wildlife management groups such as chaining, logging, seeding, burning,
35er and other direct soil and vegetation prescriptions that are demonstrated to restore forest and
35es rangeland health, increase forage, and improve watersheds in grazing districts and allotments for the
35et mutual benefit of domestic livestock and wildlife;
35eu (B) when practices described in Subsection (6)(m)(iii)(A) increase a grazing allotment's forage
35ev beyond the total permitted forage use that was allocated to that allotment in the last federal land use
35ew plan or allotment management plan still in existence as of January 1, 2005, a reasonable and fair
35ex portion of the increase in forage beyond the previously allocated total permitted use should be
35ey allocated to wildlife as recommended by a joint, evenly balanced committee of livestock and wildlife
35ez representatives that is appointed and constituted by the governor for that purpose;
35fa (C) the state favors quickly and effectively adjusting wildlife population goals and population
35fb census numbers in response to variations in the amount of available forage caused by drought or other
35fc climatic adjustments, and state agencies responsible for managing wildlife population goals and
35fd population census numbers will give due regard to both the needs of the livestock industry and the
35fe need to prevent the decline of species to a point where listing under the terms of the Endangered
35ff Species Act when making such adjustments;
35fg (iv) the state opposes the transfer of grazing animal unit months to wildlife for supposed
35fh reasons of rangeland health;
35fi (v) reductions in domestic livestock animal unit months must be temporary and scientifically
35fj based upon rangeland conditions;
35fk (vi) policies, plans, programs, initiatives, resource management plans, and forest plans may
35fl not allow the placement of grazing animal unit months in a suspended use category unless there is a
35fm rational and scientific determination that the condition of the rangeland allotment or district in
35fn question will not sustain the animal unit months sought to be placed in suspended use;
35fo (vii) any grazing animal unit months that are placed in a suspended use category should be
35fp returned to active use when range conditions improve;
35fq (viii) policies, plans, programs, and initiatives related to vegetation management should
35fr recognize and uphold the preference for domestic grazing over alternate forage uses in established .H

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House Committee Amendments 2-29-2012 je/rf 35fs

H. grazing districts while upholding management practices that optimize and expand forage for
35ft grazing and wildlife in conjunction with state wildlife management plans and programs in order to
35fu provide maximum available forage for all uses; and
35fv (ix) in established grazing districts, animal unit months that have been reduced due to
35fw rangeland health concerns should be restored to livestock when rangeland conditions improve, and
35fx should not be converted to wildlife use.
35fy (7) The state planning coordinator shall recognize and promote the following findings in the
35fz preparation of any policies, plans, programs, processes, or desired outcomes relating to federal lands
35ga and natural resources on federal lands under this section:
35gb (a) as a coholder of R.S. 2477 rights-of-way with the counties, the state supports its recognition
35gc by the federal government and the public use of R.S. 2477 rights-of-way and urges the federal
35gd government to fully recognize the rights-of-way and their use by the public as expeditiously as
35ge possible;
35gf (b) it is the policy of the state to use reasonable administrative and legal measures to protect
35gg and preserve valid existing rights-of-way granted by Congress under R.S. 2477, and to support and
35gh work in conjunction with counties to redress cases where R.S. 2477 rights-of-way are not recognized or
35gi are impaired; and
35gj (c) transportation and access routes to and across federal lands, including all rights-of-way
35gk vested under R.S. 2477, are vital to the state's economy and to the quality of life in the state, and must
35gl provide, at a minimum, a network of roads throughout the resource planning area that provides for:
35gm (i) movement of people, goods, and services across public lands;
35gn (ii) reasonable access to a broad range of resources and opportunities throughout the resource
35go planning area, including:
35gp (A) livestock operations and improvements;
35gq (B) solid, fluid, and gaseous mineral operations;
35gr (C) recreational opportunities and operations, including motorized and nonmotorized
35gs recreation;
35gt (D) search and rescue needs;
35gu (E) public safety needs; and
35gv (F) access for transportation of wood products to market;
35gw (iii) access to federal lands for people with disabilities and the elderly; and
35gx (iv) access to state lands and school and institutional trust lands to accomplish the purposes of
35gy those lands.
35gz (8) The state planning coordinator shall recognize and promote the following findings in the
35ha preparation of any plans, policies, programs, processes, or desired outcomes relating to federal lands
35hb and natural resources on federal lands pursuant to this section:
35hc (a) the state's support for the addition of a river segment to the National Wild and Scenic .H

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House Committee Amendments 2-29-2012 je/rf 35hd

H. Rivers System, 16 U.S.C. Sec. 1271 et seq., will be withheld until:
35he (i) it is clearly demonstrated that water is present and flowing at all times;
35hf (ii) it is clearly demonstrated that the required water-related value is considered outstandingly
35hg remarkable within a region of comparison consisting of one of the three physiographic provinces in the
35hh state, and that the rationale and justification for the conclusions are disclosed;
35hi (iii) it is clearly demonstrated that the inclusion of each river segment is consistent with the
35hj plans and policies of the state and the county or counties where the river segment is located as
35hk those plans and policies are developed according to Subsection (3);
35hl (iv) the effects of the addition upon the local and state economies, agricultural and industrial
35hm operations and interests, outdoor recreation, water rights, water quality, water resource planning, and
35hn access to and across river corridors in both upstream and downstream directions from the proposed
35ho river segment have been evaluated in detail by the relevant federal agency;
35hp (v) it is clearly demonstrated that the provisions and terms of the process for review of
35hq potential additions have been applied in a consistent manner by all federal agencies;
35hr (vi) the rationale and justification for the proposed addition, including a comparison with
35hs protections offered by other management tools, is clearly analyzed within the multiple-use mandate,
35ht and the results disclosed;
35hu (vii) it is clearly demonstrated that the federal agency with management authority over the
35hv river segment, and which is proposing the segment for inclusion in the National Wild and Scenic River
35hw System will not use the actual or proposed designation as a basis to impose management standards
35hx outside of the federal land management plan;
35hy (viii) it is clearly demonstrated that the terms and conditions of the federal land and resource
35hz management plan containing a recommendation for inclusion in the National Wild and Scenic River
35ia System:
35ib (A) evaluates all eligible river segments in the resource planning area completely and fully for
35ic suitability for inclusion in the National Wild and Scenic River System;
35id (B) does not suspend or terminate any studies for inclusion in the National Wild and Scenic
35ie River System at the eligibility phase;
35if (C) fully disclaims any interest in water rights for the recommended segment as a result of the
35ig adoption of the plan; and
35ih (D) fully disclaims the use of the recommendation for inclusion in the National Wild and
35ii Scenic River System as a reason or rationale for an evaluation of impacts by proposals for projects
35ij upstream, downstream, or within the recommended segment;
35ik (ix) it is clearly demonstrated that the agency with management authority over the river
35il segment commits not to use an actual or proposed designation as a basis to impose Visual Resource
35im Management Class I or II management prescriptions that do not comply with the provisions of
35in Subsection (8)(t); and .H

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House Committee Amendments 2-29-2012 je/rf 35io

H. (x) it is clearly demonstrated that including the river segment and the terms and conditions
35ip for managing the river segment as part of the National Wild and Scenic River System will not prevent,
35iq reduce, impair, or otherwise interfere with:
35ir (A) the state and its citizens' enjoyment of complete and exclusive water rights in and to the
35is rivers of the state as determined by the laws of the state; or
35it (B) local, state, regional, or interstate water compacts to which the state or any county is a
35iu party;
35iv (b) the conclusions of all studies related to potential additions to the National Wild and
35iw Scenic River System, 16 U.S.C. Sec. 1271 et seq., are submitted to the state for review and action by the
35ix Legislature and governor, and the results, in support of or in opposition to, are included in any
35iy planning documents or other proposals for addition and are forwarded to the United States Congress;
35iz (c) the state's support for designation of an Area of Critical Environmental Concern (ACEC),
35ja as defined in 43 U.S.C. Sec. 1702, within federal land management plans will be withheld until:
35jb (i) it is clearly demonstrated that the proposed area satisfies all the definitional requirements
35jc of the Federal Land Policy and Management Act of 1976, 43 U.S.C. Sec. 1702(a);
35jd (ii) it is clearly demonstrated that the area proposed for designation as an ACEC is limited in
35je geographic size and that the proposed management prescriptions are limited in scope to the minimum
35jf necessary to specifically protect and prevent irreparable damage to the relevant and important values
35jg identified, or limited in geographic size and management prescriptions to the minimum required to
35jh specifically protect human life or safety from natural hazards;
35ji (iii) it is clearly demonstrated that the proposed area is limited only to areas that are already
35jj developed or used or to areas where no development is required;
35jk (iv) it is clearly demonstrated that the proposed area contains relevant and important historic,
35jl cultural or scenic values, fish or wildlife resources, or natural processes which are unique or
35jm substantially significant on a regional basis, or contain natural hazards which significantly threaten
35jn human life or safety;
35jo (v) the federal agency has analyzed regional values, resources, processes, or hazards for
35jp irreparable damage and its potential causes resulting from potential actions which are consistent with
35jq the multiple-use, sustained-yield principles, and the analysis describes the rationale for any special
35jr management attention required to protect, or prevent irreparable damage to the values, resources,
35js processes, or hazards;
35jt (vi) it is clearly demonstrated that the proposed designation is consistent with the plans and
35ju policies of the state and of the county where the proposed designation is located as those plans and
35jv policies are developed according to Subsection (3);
35jw (vii) it is clearly demonstrated that the proposed ACEC designation will not be applied
35jx redundantly over existing protections provided by other state and federal laws for federal lands or
35jy resources on federal lands, and that the federal statutory requirement for special management .H

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House Committee Amendments 2-29-2012 je/rf 35jz

H. attention for a proposed ACEC will discuss and justify any management requirements needed
35ka in addition to those specified by the other state and federal laws;
35kb (viii) the difference between special management attention required for an ACEC and normal
35kc multiple-use management has been identified and justified, and that any determination of irreparable
35kd damage has been analyzed and justified for short and long-term horizons;
35ke (ix) it is clearly demonstrated that the proposed designation:
35kf (A) is not a substitute for a wilderness suitability recommendation;
35kg (B) is not a substitute for managing areas inventoried for wilderness characteristics after 1993
35kh under the BLM interim management plan for valid wilderness study areas; and
35ki (C) it is not an excuse or justification to apply de facto wilderness management standards; and
35kj (x) the conclusions of all studies are submitted to the state, as a cooperating agency, for review,
35kk and the results, in support of or in opposition to, are included in all planning documents;
35kl (d) sufficient federal lands are made available for government-to-government exchanges of
35km school and institutional trust lands and federal lands without regard for a resource-to-resource
35kn correspondence between the surface or mineral characteristics of the offered trust lands and the
35ko offered federal lands;
35kp (e) federal agencies should support government-to-government exchanges of land with the
35kq state based on a fair process of valuation which meets the fiduciary obligations of both the state and
35kr federal governments toward trust lands management, and which assures that revenue authorized by
35ks federal statute to the state from mineral or timber production, present or future, is not diminished in
35kt any manner during valuation, negotiation, or implementation processes;
35ku (f) agricultural and grazing lands should continue to produce the food and fiber needed by the
35kv citizens of the state and the nation, and the rural character and open landscape of rural Utah should be
35kw preserved through a healthy and active agricultural and grazing industry, consistent with private
35kx property rights and state fiduciary duties;
35ky (g) the resources of the forests and rangelands of the state should be integrated as part of
35kz viable, robust, and sustainable state and local economies, and available forage should be evaluated for
35la the full complement of herbivores the rangelands can support in a sustainable manner, and forests
35lb should contain a diversity of timber species, and disease or insect infestations in forests should be
35lc controlled using logging or other best management practices;
35ld (h) the state opposes any additional evaluation of national forest service lands as "roadless" or
35le "unroaded" beyond the forest service's second roadless area review evaluation and opposes efforts by
35lf agencies to specially manage those areas in a way that:
35lg (i) closes or declassifies existing roads unless multiple side by side roads exist running to the
35lh same destination and state and local governments consent to close or declassify the extra roads;
35li (ii) permanently bars travel on existing roads;
35lj (iii) excludes or diminishes traditional multiple-use activities, including grazing and .H

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House Committee Amendments 2-29-2012 je/rf 35lk

H. proper forest harvesting;
35ll (iv) interferes with the enjoyment and use of valid, existing rights, including water rights, local
35lm transportation plan rights, R.S. 2477 rights, grazing allotment rights, and mineral leasing rights; or
35ln (v) prohibits development of additional roads reasonably necessary to pursue traditional
35lo multiple-use activities;
35lp (i) the state's support for any forest plan revision or amendment will be withheld until the
35lq appropriate plan revision or plan amendment clearly demonstrates that:
35lr (i) established roads are not referred to as unclassified roads or a similar classification;
35ls (ii) lands in the vicinity of established roads are managed under the multiple-use,
35lt sustained-yield management standard; and
35lu (iii) no roadless or unroaded evaluations or inventories are recognized or upheld beyond those
35lv that were recognized or upheld in the forest service's second roadless area review evaluation;
35lw (j) the state's support for any recommendations made under the statutory requirement to
35lx examine the wilderness option during the revision of land and resource management plans by the U.S.
35ly Forest Service will be withheld until it is clearly demonstrated that:
35lz (i) the duly adopted transportation plans of the state and county or counties within the
35ma planning area are fully and completely incorporated into the baseline inventory of information from
35mb which plan provisions are derived;
35mc (ii) valid state or local roads and rights-of-way are recognized and not impaired in any way by
35md the recommendations;
35me (iii) the development of mineral resources by underground mining is not affected by the
35mf recommendations;
35mg (iv) the need for additional administrative or public roads necessary for the full use of the
35mh various multiple-uses, including recreation, mineral exploration and development, forest health
35mi activities, and grazing operations is not unduly affected by the recommendations;
35mj (v) analysis and full disclosure is made concerning the balance of multiple-use management in
35mk the proposed areas, and that the analysis compares the full benefit of multiple-use management to the
35ml recreational, forest health, and economic needs of the state and the counties to the benefits of the
35mm requirements of wilderness management; and
35mn (vi) the conclusions of all studies related to the requirement to examine the wilderness option
35mo are submitted to the state for review and action by the Legislature and governor, and the results, in
35mp support of or in opposition to, are included in any planning documents or other proposals that are
35mq forwarded to the United States Congress;
35mr (k) the invasion of noxious weeds and undesirable invasive plant species into the state should
35ms be reversed, their presence eliminated, and their return prevented;
35mt (l) management and resource-use decisions by federal land management and regulatory
35mu agencies concerning the vegetative resources within the state should reflect serious consideration .H

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House Committee Amendments 2-29-2012 je/rf 35mv

H. of the proper optimization of the yield of water within the watersheds of the state;
35mw (m) (i) it is the policy of the state that:
35mx (A) mineral and energy production and environmental protection are not mutually exclusive;
35my (B) it is technically feasible to permit appropriate access to mineral and energy resources
35mz while preserving nonmineral and nonenergy resources;
35na (C) resource management planning should seriously consider all available mineral and energy
35nb resources;
35nc (D) the development of the solid, fluid, and gaseous mineral resources of the state and the
35nd renewable resources of the state should be encouraged;
35ne (E) the waste of fluid and gaseous minerals within developed areas should be prohibited; and
35nf (F) requirements to mitigate or reclaim mineral development projects should be based on
35ng credible evidence of significant impacts to natural or cultural resources;
35nh (ii) the state's support for mineral development provisions within federal land management
35ni plans will be withheld until the appropriate land management plan environmental impact statement
35nj clearly demonstrates:
35nk (A) that the authorized planning agency has:
35nl (I) considered and evaluated the mineral and energy potential in all areas of the planning area
35nm as if the areas were open to mineral development under standard lease agreements; and
35nn (II) evaluated any management plan prescription for its impact on the area's baseline mineral
35no and energy potential;
35np (B) that the development provisions do not unduly restrict access to public lands for energy
35nq exploration and development;
35nr (C) that the authorized planning agency has supported any closure of additional areas to
35ns mineral leasing and development or any increase of acres subject to no surface occupancy restrictions
35nt by adhering to:
35nu (I) the relevant provisions of the Federal Land Policy and Management Act of 1976, 43 U.S.C.
35nv Sec. 1701 et seq.;
35nw (II) other controlling mineral development laws; and
35nx (III) the controlling withdrawal and reporting procedures set forth in the Federal Land Policy
35ny and Management Act of 1976, 43 U.S.C. Sec. 1701 et seq.;
35nz (D) that the authorized planning agency evaluated whether to repeal any moratorium that
35oa may exist on the issuance of additional mining patents and oil and gas leases;
35ob (E) that the authorized planning agency analyzed all proposed mineral lease stipulations and
35oc considered adopting the least restrictive necessary to protect against damage to other significant
35od resource values;
35oe (F) that the authorized planning agency evaluated mineral lease restrictions to determine
35of whether to waive, modify, or make exceptions to the restrictions on the basis that they are no .H

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House Committee Amendments 2-29-2012 je/rf 35og

H. longer necessary or effective;
35oh (G) that the authorized federal agency analyzed all areas proposed for no surface occupancy
35oi restrictions, and that the analysis evaluated:
35oj (I) whether directional drilling is economically feasible and ecologically necessary for each
35ok proposed no surface occupancy area;
35ol (II) whether the directional drilling feasibility analysis, or analysis of other management
35om prescriptions, demonstrates that the proposed no surface occupancy prescription, in effect, sterilizes
35on the mineral and energy resources beneath the area; and
35oo (III) whether, if the minerals are effectively sterilized, the area must be reported as withdrawn
35op under the provisions of the Federal Land Policy and Management Act; and
35oq (H) that the authorized planning agency has evaluated all directional drilling requirements in
35or no surface occupancy areas to determine whether directional drilling is feasible from an economic,
35os ecological, and engineering standpoint;
35ot (n) motorized, human, and animal-powered outdoor recreation should be integrated into a fair
35ou and balanced allocation of resources within the historical and cultural framework of multiple-uses in
35ov rural Utah, and outdoor recreation should be supported as part of a balanced plan of state and local
35ow economic support and growth;
35ox (o) off-highway vehicles should be used responsibly, the management of off-highway vehicles
35oy should be uniform across all jurisdictions, and laws related to the use of off-highway vehicles should be
35oz uniformly applied across all jurisdictions;
35pa (p) (i) rights-of-way granted and vested under the provisions of R.S. 2477 should be preserved
35pb and acknowledged;
35pc (ii) land use management plans, programs, and initiatives should be consistent with both state
35pd and county transportation plans developed according to Subsection (3) in order to provide a network
35pe of roads throughout the planning area that provides for:
35pf (A) movement of people, goods, and services across public lands;
35pg (B) reasonable access to a broad range of resources and opportunities throughout the planning
35ph area, including access to livestock, water, and minerals;
35pi (C) economic and business needs;
35pj (D) public safety;
35pk (E) search and rescue;
35pl (F) access for people with disabilities and the elderly;
35pm (G) access to state lands; and
35pn (H) recreational opportunities;
35po (q) transportation and access provisions for all other existing routes, roads, and trails across
35pp federal, state, and school trust lands within the state should be determined and identified, and
35pq agreements should be executed and implemented, as necessary to fully authorize and determine .H

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House Committee Amendments 2-29-2012 je/rf 35pr

H. responsibility for maintenance of all routes, roads, and trails;
35ps (r) the reasonable development of new routes and trails for motorized, human, and
35pt animal-powered recreation should be implemented;
35pu (s) (i) forests, rangelands, and watersheds, in a healthy condition, are necessary and beneficial
35pv for wildlife, livestock grazing, and other multiple-uses;
35pw (ii) management programs and initiatives that are implemented to increase forage for the
35px mutual benefit of the agricultural industry, livestock operations, and wildlife species should utilize all
35py proven techniques and tools;
35pz (iii) the continued viability of livestock operations and the livestock industry should be
35qa supported on the federal lands within the state by management of the lands and forage resources, by
35qb the proper optimization of animal unit months for livestock, in accordance with the multiple-use
35qc provisions of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1701 et seq., the
35qd provisions of the Taylor Grazing Act of 1934, 43 U.S.C. 315 et seq., and the provisions of the Public
35qe Rangelands Improvement Act of 1978, 43 U.S.C. 1901 et seq.;
35qf (iv) provisions for predator control initiatives or programs under the direction of state and
35qg local authorities should be implemented; and
35qh (v) resource-use and management decisions by federal land management and regulatory
35qi agencies should support state-sponsored initiatives or programs designed to stabilize wildlife
35qj populations that may be experiencing a scientifically demonstrated decline in those populations; and
35qk (t) management and resource use decisions by federal land management and regulatory
35ql agencies concerning the scenic resources of the state must balance the protection of scenery with the
35qm full management requirements of the other authorized uses of the land under multiple-use
35qn management, and should carefully consider using Visual Resource Management Class I protection
35qo only for areas of inventoried Class A scenery or equivalent.
35qp (9) Notwithstanding any provision of Section 63J-8-105.5, the state is committed to
35qq establishing and administering an effective statewide conservation strategy for greater sage
35qr grouse.
35qs [ (9) ] (10) Nothing contained in this section may be construed to restrict or supersede the
35qt planning powers conferred upon state departments, agencies, instrumentalities, or advisory councils of
35qu the state or the planning powers conferred upon political subdivisions by any other existing law.
35qv [ (10) ] (11) Nothing in this section may be construed to affect any lands withdrawn from the
35qw public domain for military purposes, which are administered by the United States Army, Air Force, or
35qx Navy. .H
36 Section H. [ 1 ] 2 .H . Section 63J-8-102 is amended to read:
37 63J-8-102. Definitions.
38 As used in this chapter:

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House Committee Amendments 2-29-2012 je/rf 39

(1) "ACEC" means an area of critical environmental concern.
40 (2) "AUM" means animal unit months, a unit of grazing forage.
41 (3) "BLM" means the United States Bureau of Land Management.
42 (4) "FLPMA" means the Federal Land Policy Management Act of 1976, 43 U.S.C. Sec.
43 1701 et seq.
44 (5) "Forest service" means the United States Forest Service within the United States
45 Department of Agriculture.
46 (6) "Multiple use" means proper stewardship of the subject lands pursuant to Section
47 1031(C) of FLPMA, 43 U.S.C. Sec. 170(C).
48 (7) "OHV" means off-highway vehicle as defined in Section 41-22-2 .
49 (8) "Settlement Agreement" means the written agreement between the state and the
50 Department of the Interior in 2003 (revised in 2005) that resolved the case of State of Utah v.
51 Gale Norton, Secretary of Interior (United States District Court, D. Utah, Case No.
52 2:96cv0870).
53 (9) "SITLA" means the School and Institutional Trust Lands Administration as created
54 in Section 53C-1-201 .
55 (10) (a) "Subject lands" means the following non-WSA BLM lands:
56 (i) in Beaver County:
57 (A) Mountain Home Range South, Jackson Wash, The Toad, North Wah Wah
58 Mountains, Central Wah Wah Mountains, and San Francisco Mountains according to the

Text Box
- 3 - 59 region map entitled "Great Basin Central" linked in the webpage entitled "Citizen's Proposal
60 for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
61 existed on February 17, 2011; and
62 (B) White Rock Range, South Wah Wah Mountains, and Granite Peak according to the
63 region map entitled "Great Basin South" linked in the webpage entitled "Citizen's Proposal for
64 Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
65 existed on February 17, 2011;
66 (ii) in Box Elder County: Little Goose Creek, Grouse Creek Mountains North, Grouse
67 Creek Mountains South, Bald Eagle Mountain, Central Pilot Range, Pilot Peak, Crater Island
68 West, Crater Island East, Newfoundland Mountains, and Grassy Mountains North according to
69 the region map entitled "Great Basin North" linked in the webpage entitled "Citizen's Proposal
70 for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
71 existed on February 17, 2011;
72 (iii) in Carbon County: Desbrough Canyon and Turtle Canyon according to the region
73 map entitled "Book Cliffs" linked in the webpage entitled "Citizen's Proposal for Wilderness in
74 Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
75 February 17, 2011;
76 (iv) in Daggett County: Goslin Mountain, Home Mountain, Red Creek Badlands,
77 O-wi-yu-kuts, Lower Flaming Gorge, Crouse Canyon, and Diamond Breaks according to the
78 region map entitled "Dinosaur" linked in the webpage entitled "Citizen's Proposal for
79 Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
80 existed on February 17, 2011;
81 (v) in Duchesne County: Desbrough Canyon according to the region map entitled
82 "Book Cliffs" linked in the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
83 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
84 2011;
85 (vi) in Emery County:
86 (A) San Rafael River and Sweetwater Reef, according to the region map entitled
87 "Canyonlands Basin" linked in the webpage entitled "Citizen's Proposal for Wilderness in
88 Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
89 February 17, 2011;

Text Box
- 4 - 90 (B) Flat Tops according to the region map entitled "Glen Canyon," which is available
91 by clicking the link entitled "Dirty Devil" at the webpage entitled "Citizen's Proposal for
92 Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
93 existed on February 17, 2011; and
94 (C) Price River, Lost Spring Wash, Eagle Canyon, Upper Muddy Creek, Molen Reef,
95 Rock Canyon, Mussentuchit Badland, and Muddy Creek, according to the region map entitled
96 "San Rafael Swell" linked at the webpage entitled "Citizen's Proposal for Wilderness in Utah"
97 at http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
98 2011;
99 (vii) in Garfield County:
100 (A) Pole Canyon, according to the region map entitled "Great Basin South" linked in
101 the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
102 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
103 2011;
104 (B) Dirty Devil, Fiddler Butte, Little Rockies, Cane Spring Desert, and Cane Spring
105 Desert Adjacents, according to the region map entitled "Glen Canyon," which is available by
106 clicking the link entitled "Dirty Devil" at the webpage entitled "Citizen's Proposal for
107 Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
108 existed on February 17, 2011;
109 (C) Lampstand, Wide Hollow, Steep Creek, Brinkerhof Flats, Little Valley Canyon,
110 Death Hollow, Studhorse Peaks, Box Canyon, Heaps Canyon, North Escalante Canyon, Colt
111 Mesa, East of Bryce, Slopes of Canaan Peak, Horse Spring Canyon, Muley Twist Flank,
112 Pioneer Mesa, Slopes of Bryce, Blue Hills, Mud Springs Canyon, Carcass Canyon, Willis
113 Creek North, Kodachrome Basin, and Kodachrome Headlands, according to the region map
114 entitled "Grand Staircase Escalante" linked at the webpage entitled "Citizen's Proposal for
115 Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
116 existed on February 17, 2011; and
117 (D) Notom Bench, Mount Ellen, Bull Mountain, Dogwater Creek, Ragged Mountain,
118 Mount Pennell, Mount Hillers, Bullfrog Creek, and Long Canyon, according to the region map
119 entitled "Henry Mountains" linked at the webpage entitled "Citizen's Proposal for Wilderness
120 in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on

Text Box
- 5 - 121 February 17, 2011;
122 (viii) in Iron County: Needle Mountains, Steamboat Mountain, Broken Ridge, Paradise
123 Mountains, Crook Canyon, Hamlin, North Peaks, Mount Escalante, and Antelope Ridge,
124 according to the region map entitled "Great Basin South" linked in the webpage entitled
125 "Citizen's Proposal for Wilderness in Utah" at
126 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
127 2011;
128 (ix) in Juab County: Deep Creek Mountains, Essex Canyon, Kern Mountains, Wild
129 Horse Pass, Disappointment Hills, Granite Mountain, Middle Mountains, Tule Valley, Fish
130 Springs Ridge, Thomas Range, Drum Mountains, Dugway Mountains, Keg Mountains West,
131 Keg Mountains East, Lion Peak, and Rockwell Little Sahara, according to the region map
132 entitled "Great Basin Central" linked in the webpage entitled "Citizen's Proposal for
133 Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
134 existed on February 17, 2011;
135 (x) in Kane County:
136 (A) Willis Creek North, Willis Creek, Kodachrome Badlands, Mud Springs Canyon,
137 Carcass Canyon, Scorpion, Bryce Boot, Paria-Hackberry Canyons, Fiftymile Canyon,
138 Hurricane Wash, Upper Kanab Creek, Timber Mountain, Nephi Point, Paradise Canyon,
139 Wahweap Burning Hills, Fiftymile Bench, Forty Mile Gulch, Sooner Bench 1, 2, & 3, Rock
140 Cove, Warm Bench, Andalex Not, Vermillion Cliffs, Ladder Canyon, The Cockscomb, Nipple
141 Bench, Moquith Mountain, Bunting Point, Glass Eye Canyon, and Pine Hollow, according to
142 the region map entitled "Grand Staircase Escalante" linked at the webpage entitled "Citizen's
143 Proposal for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the
144 webpage existed on February 17, 2011; and
145 (B) Orderville Canyon, Jolley Gulch, and Parunuweap Canyon, according to the region
146 map entitled "Zion/Mohave" linked at the webpage entitled "Citizen's Proposal for Wilderness
147 in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
148 February 17, 2011;
149 (xi) in Millard County: Kern Mountains, Wild Horse Pass, Disappointment Hills,
150 Granite Mountain, Middle Mountains, Tule Valley, Swasey Mountain, Little Drum Mountains
151 North, Little Drum Mountains South, Drum Mountains, Snake Valley, Coyote Knoll, Howell

Text Box
- 6 - 152 Peak, Tule Valley South, Ledger Canyon, Chalk Knolls, Orr Ridge, Notch View, Bullgrass
153 Knoll, Notch Peak, Barn Hills, Cricket Mountains, Burbank Pass, Middle Burbank Hills, King
154 Top, Barn Hills, Red Tops, Middle Burbank Hills, Juniper, Painted Rock Mountain, Black
155 Hills, Tunnel Springs, Red Canyon, Sand Ridge, Little Sage Valley, Cat Canyon, Headlight
156 Mountain, Black Hills, Mountain Range Home North, Tweedy Wash, North Wah Wah
157 Mountains, Jackson Wash, and San Francisco Mountains, according to the region map entitled
158 "Great Basin Central" linked in the webpage entitled "Citizen's Proposal for Wilderness in
159 Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
160 February 17, 2011;
161 (xii) in Piute County: Kingston Ridge, Rocky Ford, and Phonolite Hill, according to
162 the region map entitled "Great Basin South" linked in the webpage entitled "Citizen's Proposal
163 for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
164 existed on February 17, 2011;
165 (xiii) in San Juan County:
166 (A) Horseshoe Point, Deadhorse Cliffs, Gooseneck, Demon's Playground, Hatch
167 Canyon, Lockhart Basin, Indian Creek, Hart's Point, Butler Wash, Bridger Jack Mesa, and Shay
168 Mountain, according to the region map entitled "Canyonlands Basin" linked in the webpage
169 entitled "Citizen's Proposal for Wilderness in Utah" at
170 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
171 2011;
172 (B) Dark Canyon, Copper Point, Fortknocker Canyon, White Canyon, The Needle, Red
173 Rock Plateau, Upper Red Canyon, and Tuwa Canyon, according to the region map entitled
174 "Glen Canyon," which is available by clicking the link entitled "Dirty Devil" at the webpage
175 entitled "Citizen's Proposal for Wilderness in Utah" at
176 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
177 2011;
178 (C) Hunters Canyon, Behind the Rocks, Mill Creek, and Coyote Wash, according to
179 the region map entitled "Moab/La Sal" linked at the webpage entitled "Citizen's Proposal for
180 Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
181 existed on February 17, 2011; and
182 (D) Hammond Canyon, Allen Canyon, Mancos Jim Butte, Arch Canyon, Monument

Text Box
- 7 - 183 Canyon, Tin Cup Mesa, Cross Canyon, Nokai Dome, Grand Gulch, Fish and Owl Creek
184 Canyons, Comb Ridge, Road Canyon, The Tabernacle, Lime Creek, San Juan River, and
185 Valley of the Gods, according to the region map entitled "San Juan" linked at the webpage
186 entitled "Citizen's Proposal for Wilderness in Utah" at
187 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
188 2011;
189 (xiv) in Sevier County: Rock Canyon, Mussentuchit Badland, Limestone Cliffs, and
190 Jones' Bench, according to the region map entitled "San Rafael Swell" linked at the webpage
191 entitled "Citizen's Proposal for Wilderness in Utah" at
192 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
193 2011;
194 (xv) in Tooele County:
195 (A) Silver Island Mountains, Crater Island East, Grassy Mountains North, Grassy
196 Mountains South, Stansbury Island, Cedar Mountains North, Cedar Mountains Central, Cedar
197 Mountains South, North Stansbury Mountains, Oquirrh Mountains, and Big Hollow, according
198 to the region map entitled "Great Basin North" linked in the webpage entitled "Citizen's
199 Proposal for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the
200 webpage existed on February 17, 2011, excluding the areas that Congress designated as
201 wilderness under the National Defense Authorization Act for Fiscal Year 2006; and
202 (B) Ochre Mountain, Deep Creek Mountains, Dugway Mountains, Indian Peaks, and
203 Lion Peak, according to the region map entitled "Great Basin Central" linked in the webpage
204 entitled "Citizen's Proposal for Wilderness in Utah" at
205 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
206 2011;
207 (xvi) in Uintah County:
208 (A) White River, Lower Bitter Creek, Sunday School Canyon, Dragon Canyon, Wolf
209 Point, Winter Ridge, Seep Canyon, Bitter Creek, Hideout Canyon, Sweetwater Canyon, and
210 Hell's Hole, according to the region map entitled "Book Cliffs" linked in the webpage entitled
211 "Citizen's Proposal for Wilderness in Utah" at
212 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
213 2011; and

Text Box
- 8 - 214 (B) Lower Flaming Gorge, Crouse Canyon Stone Bridge Draw, Diamond Mountain,
215 Wild Mountain, Split Mountain Benches, Vivas Cake Hill, Split Mountain Benches South,
216 Beach Draw, Stuntz Draw, Moonshine Draw, Bourdette Draw, and Bull Canyon, according to
217 the region map entitled "Dinosaur" linked in the webpage entitled "Citizen's Proposal for
218 Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
219 existed on February 17, 2011;
220 (xvii) in Washington County: Couger Canyon, Docs Pass, Slaughter Creek, Butcher
221 Knife Canyon, Square Top, Scarecrow Creek, Beaver Dam Wash, Beaver Dam Mountains
222 North, Beaver Dam Mountains South, Joshua Tree, Beaver Dam Wilderness Expansion, Red
223 Mountain, Cottonwood Canyon, Taylor Canyon, LaVerkin Creek, Beartrap Canyon, Deep
224 Creek, Black Ridge, Red Butte, Kolob Creek, Goose Creek, Dry Creek, Zion National Park
225 Adjacents, Crater Hill, The Watchman, and Canaan Mountain, according to the region map
226 entitled "Zion/Mohave" linked at the webpage entitled "Citizen's Proposal for Wilderness in
227 Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
228 February 17, 2011, excluding the areas that Congress designated as wilderness and
229 conservation areas under the Omnibus Public Lands Management Act of 2009; and
230 (xviii) in Wayne County:
231 (A) Sweetwater Reef, Upper Horseshoe Canyon, and Labyrinth Canyon, according to
232 the region map entitled "Canyonlands Basin" linked in the webpage entitled "Citizen's Proposal
233 for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
234 existed on February 17, 2011;
235 (B) Flat Tops and Dirty Devil, according to the region map entitled "Glen Canyon,"
236 which is available by clicking the link entitled "Dirty Devil" at the webpage entitled "Citizen's
237 Proposal for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the
238 webpage existed on February 17, 2011;
239 (C) Fremont Gorge, Pleasant Creek Bench, Notom Bench, Mount Ellen, and Bull
240 Mountain, according to the region map entitled "Henry Mountains" linked at the webpage
241 entitled "Citizen's Proposal for Wilderness in Utah" at
242 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
243 2011; and
244 (D) Capital Reef Adjacents, Muddy Creek, Wild Horse Mesa, North Blue Flats, Red

Text Box
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Senate 2nd Reading Amendments 2-22-2012 cm/rf 245

Desert, and Factory Butte, according to the region map entitled "San Rafael Swell" linked at
246 the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
247 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
248 2011.
249 (b) "Subject lands" also includes all BLM and Forest Service lands in the state that are
250 not Wilderness Area or Wilderness Study Areas;
251 (c) "Subject lands" does not include the following lands that are the subject of
252 consideration for a possible federal lands bill and should be managed according to the 2008
253 Price BLM Field Office Resource Management Plan until a federal lands bill provides
254 otherwise:
255 (i) Turtle Canyon and Desolation Canyon according to the region map entitled "Book
256 Cliffs" linked in the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
257 http://protectwildutah.org/proposal/index.html as the webpage existed on February 17, 2011;
258 (ii) Labyrinth Canyon, Duma Point, and Horseshoe Point, according to the region map
259 entitled "Canyonlands Basin" linked in the webpage entitled "Citizen's Proposal for Wilderness
260 in Utah" at http://protectwildutah.org/proposal/index.html as the webpage existed on February
261 17, 2011; and
262 (iii) Devil's Canyon, Sid's Mountain, Mexican Mountain, San Rafael Reef, Hondu
263 Country, Cedar Mountain, and Wild Horse, according to the region map entitled "San Rafael
264 Swell" linked at the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
265 http://protectwildutah.org/proposal/index.html as the webpage existed on February 17, 2011[;].
266 (11) "Uintah Basin Energy Zone" means BLM, Forest Service, and SITLA lands
267 situated in the following townships in S. Daggett, .S Duchesne S. , .S and Uintah counties,
267a as more fully illustrated
268 in the map prepared by the Uintah County GIS Department in February 2012 entitled "Uintah
269 Basin Utah Energy Zone":
269a S. (a) in Daggett County, Township 3N Range 17 E, Township 3N Range 18E,
269b Township 3N Range 19E, Township 3N Range 20E, Township 3N Range 22E, Township 3N
269c Range 23E, Township 3N Range 24E, Township 3N Range 25E, Township 2N Range 17E,
269d Township 2N Range 18E, Township 2N Range 19E, Township 2N Range 20E, Township 2N
269e Range 21E, and Township 2S Range 25E; .S
270 S. [ (a) ] (b) .S in S. [ Duschesne ] Duchesne .S County, Township 3N Range 4W,
270a Township 3N Range 3W,
271 Township 3N Range 2W, Township 3N Range 1W, Township 2N Range 6W, Township 2N

Text Box
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Senate 2nd Reading Amendments 2-22-2012 cm/rf 272

Range 5W, Township 2N Range 4W, Township 2N Range 3W, Township 2N Range 1W,
273 Township 1N Range 9W, Township 1N Range 8W, Township 1N Range 7W, Township 1N
274 Range 6W, Township 1S Range 9W, Township 1S Range 8W, Township 4S Range 9W,
275 Township 4S Range 3W, Township 4S Range 2W, Township 4S Range 1W, Township 8S

Text Box
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Senate 2nd Reading Amendments 2-22-2012 cm/rf 276

Range 15E, Township 8S Range 16E, Township 8S Range 17E, Township 5S Range 9W,
277 Township 5S Range 3W, Township 9S Range 15E, Township 9S Range 16E, Township 9S
278 Range 17E, Township 6S Range 9W, Township 6S Range 8W, Township 6S Range 7W,
279 Township 6S Range 6W, Township 6S Range 5W, Township 6S Range 3W, Township 10S
280 Range 15E, Township 10S Range 16E, Township 10S Range 17E, Township 7S Range 9W,
281 Township 7S Range 8W, Township 7S Range 7W, Township 7S Range 6W, Township 7S
282 Range 5W, Township 7S Range 4W, Township 10S Range 11E, Township 10S Range 12E,
283 Township 10S Range 13E, Township 10S Range 14E, Township 10S Range 15E, Township
284 10S Range 16E, Township 10S Range 17E, Township 11S Range 10E, Township 11S Range
285 11E, Township 11S Range 12E, Township 11S Range 13E, Township 11S Range 14E,
286 Township 11S Range 15E, Township 11S Range 16E, and Township 11S Range 17E; and
287 S. [ (b) ] (c) .S in Uintah County: Township 2S Range 18E, Township 2S Range 19E,
287a Township
288 2S Range 20E, Township 2S Range 21E, Township 2S Range 22E, Township 2S Range 23E,
289 Township 2S Range 24E, Township 2N Range 1W, Township 2N Range 1E, Township 2N
290 Range 2E, Township 3S Range 18E, Township 3S Range 19E, Township 3S Range 20E,
291 Township 3S Range 21E, Township 3S Range 22E, Township 3S Range 23E, Township 3S
292 Range 24E, Township 4S Range 19E, Township 4S Range 20E, Township 4S Range 21E,
293 Township 4S Range 22E, Township 4S Range 23E, Township 4S Range 24E, Township 4S
294 Range 25E, Township 5S Range 19E, Township 5S Range 20E, Township 5S Range 21E,
295 Township 5S Range 22E, Township 5S Range 23E, Township 5S Range 24E, Township 5S
296 Range 25E, Township 6S Range 19E, Township 6S Range 20E, Township 6S Range 21E,
297 Township 6S Range 22E, Township 6S Range 23E, Township 6S Range 24E, Township 6S
298 Range 25E, Township 7S Range 19E, Township 7S Range 20E, Township 7S Range 21E,
299 Township 7S Range 22E, Township 7S Range 23E, Township 7S Range 24E, Township 7S
300 Range 25E, Township 8S Range 17E, Township 8S Range 18E, Township 8S Range 19E,
301 Township 8S Range 20E, Township 8S Range 21E, Township 8S Range 22E, Township 8S
302 Range 23E, Township 8S Range 24E, Township 8S Range 25E, Township 9S Range 17E,
303 Township 9S Range 18E, Township 9S Range 19E, Township 9S Range 20E, Township 9S
304 Range 21E, Township 9S Range 22E, Township 9S Range 23E, Township 9S Range 24E,
305 Township 9S Range 25E, Township 10S Range 17E, Township 10S Range 18E, Township 10S
306 Range 19E, Township 10S Range 20E, Township 10S Range 21E, Township 10S Range 22E,

Text Box
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Senate 2nd Reading Amendments 2-22-2012 cm/rf 307

Township 10S Range 23E, Township 10S Range 24E, Township 10S Range 25E, Township
308 11S Range 17E, Township 11S Range 18E, Township 11S Range 19E, Township 11S Range
309 20E, Township 11S Range 21E, Township 11S Range 22E, Township 11S Range 23E,
310 Township 11S Range 24E, Township 11S Range 25E, Township 12S Range 20E, Township
311 12S Range 21E, Township 12S Range 22E, Township 12S Range 23E, Township 12S Range
312 24E, Township 12S Range 25E, Township 13S Range 20E, Township 13S Range 21E,
313 Township 13S Range 22E, Township 13S Range 23E, Township 13S Range 24E, Township
314 13S Range 25E, Township 13S Range 26 E, Township 14S Range 21E, Township 14S Range
315 22E, Township 14S Range 23E, Township 14S Range 24E, Township 14S Range 25E, and
316 Township 14S Range 26 E.
317 [(11)] (12) "Wilderness area" means those BLM and Forest Service lands added to the
318 National Wilderness Preservation System by an act of Congress.
319 [(12)] (13) "WSA" and "Wilderness Study Area" mean the BLM lands in Utah that
320 were identified as having the necessary wilderness character and were classified as wilderness
321 study areas during the BLM wilderness review conducted between 1976 and 1993 by authority
322 of Section 603 of FLPMA and labeled as Wilderness Study Areas within the final report of the
323 President of the United States to the United States Congress in 1993.
324 Section 2. Section 63J-8-105 is amended to read:
325 63J-8-105. Maps available for public review.
326 A printed copy of the maps referenced in [Subsection] Subsections 63J-8-102 (10) and
327 (11) shall be available for inspection by the public at the offices of the Utah Association of
328 Counties.
329 Section 3. Section 63J-8-105.5 is enacted to read:
330 63J-8-105.5. Uintah Basin Energy Zone established -- Findings -- Management
331 and land use priorities.
332 (1) There is established the Uintah Basin Energy Zone in S. Daggett, .S Uintah S. , .S
332a and S. [ Duschesne ] Duchesne .S
333 Counties for the purpose of maximizing efficient and responsible development of energy and
334 mineral resources.
335 (2) The land area and boundaries of the Uintah Basin Energy Zone are described in
336 Subsection 63J-8-102 (11) and illustrated on the map described in Section 63J-8-105 .
337 (3) The state finds that:

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Senate 2nd Reading Amendments 2-22-2012 cm/rf 338

(a) the lands comprising the Uintah Basin Energy Zone contain abundant, world-class
339 deposits of energy and mineral resources, including oil, natural gas, oil shale, oil sands,
340 gilsonite, coal, phosphate, gold, uranium, and copper, as well as areas with high wind and solar
341 energy potential; and
342 (b) the highest management priority for all lands within the Uintah Basin Energy Zone
343 is responsible management and development of existing energy and mineral resources in order
344 to provide long-term domestic energy and supplies for Utah and the United States.
345 (4) The state supports:
346 (a) efficient and responsible full development of all existing energy and mineral
347 resources located within the Uintah Basin Energy Zone, including oil, oil shale, natural gas, oil
348 sands, gilsonite, phosphate, gold, uranium, copper, solar, and wind resources; and
349 (b) a cooperative management approach among federal agencies, state, and local
350 governments to achieve broadly supported management plans for the full development of all
351 energy and mineral resources within the Uintah Basin Energy Zone.
352 (5) The state calls upon the federal agencies who administer lands within the Uintah
353 Basin Energy Zone to:
354 (a) fully cooperate and coordinate with the state and with S. Daggett, .S Uintah and
354a Duchesne
355 Counties to develop, amend, and implement land and resource management plans and to
356 implement management decisions that are consistent with the purposes, goals, and policies
357 described in this section to the maximum extent allowed under federal law;
358 (b) expedite the processing, granting, and streamlining of mineral and energy leases
359 and applications to drill, extract, and otherwise develop all existing energy and mineral
360 resources located within the Uintah Basin Energy Zone, including oil, natural gas, oil shale, oil
361 sands, gilsonite, phosphate, gold, uranium, copper, solar, and wind resources;
362 (c) allow continued maintenance and increased development of roads, power lines,
363 pipeline infrastructure, and other utilities necessary to achieve the goals, purposes, and policies
364 described in this section;
365 (d) refrain from any planning decisions and management actions that will undermine,
366 restrict, or diminish the goals, purposes, and policies for the Uintah Basin Energy Zone as
367 stated in this section; and
368 (e) refrain from implementing a policy that is contrary to the goals and purposes

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Senate Committee Amendments 2-15-2012 kh/rf 369

described within this section.
370 (6) The state calls upon Congress to establish an intergovernmental standing
371 commission among federal, state, and local governments to guide and control planning
372 decisions and management actions in the Uintah Basin Energy Zone in order to achieve and
373 maintain the goals, purposes, and policies described in this section.
373a S. (7) Notwithstanding the provisions of this section, the state's grazing and livestock
373b policies and plans on land within the Uintah Basin Energy Zone shall continue to be governed
373c by Sections S. [ 63J-1-104, ] .S 63J-4-401 S. [ , ] .S and 63J-8-104. .S
374 Section 4. Effective date.
375 If approved by two-thirds of all the members elected to each house, this bill takes effect
376 upon approval by the governor, or the day following the constitutional time limit of Utah
377 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
378 the date of veto override.

Legislative Review Note
as of 2-10-12 9:29 AM

Office of Legislative Research and General Counsel