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S.B. 83 Enrolled
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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.
28 Utah Code Sections Affected:
29 AMENDS:
30 63J-4-401, as last amended by Laws of Utah 2009, Chapter 121
31 63J-8-102, as enacted by Laws of Utah 2011, Chapter 49
32 63J-8-105, as enacted by Laws of Utah 2011, Chapter 49
33 ENACTS:
34 63J-8-105.5, Utah Code Annotated 1953
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36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 63J-4-401 is amended to read:
38 63J-4-401. Planning duties of the planning coordinator and office.
39 (1) The state planning coordinator shall:
40 (a) act as the governor's adviser on state, regional, metropolitan, and local
41 governmental planning matters relating to public improvements and land use;
42 (b) counsel with the authorized representatives of the Department of Transportation,
43 the State Building Board, the Department of Health, the Department of Workforce Services,
44 the Labor Commission, the Department of Natural Resources, the School and Institutional
45 Trust Lands Administration, and other proper persons concerning all state planning matters;
46 (c) when designated to do so by the governor, receive funds made available to Utah by
47 the federal government;
48 (d) receive and review plans of the various state agencies and political subdivisions
49 relating to public improvements and programs;
50 (e) when conflicts occur between the plans and proposals of state agencies, prepare
51 specific recommendations for the resolution of the conflicts and submit the recommendations
52 to the governor for a decision resolving the conflict;
53 (f) when conflicts occur between the plans and proposals of a state agency and a
54 political subdivision or between two or more political subdivisions, advise these entities of the
55 conflict and make specific recommendations for the resolution of the conflict;
56 (g) act as the governor's planning agent in planning public improvements and land use
57 and, in this capacity, undertake special studies and investigations;
58 (h) provide information and cooperate with the Legislature or any of its committees in
59 conducting planning studies;
60 (i) cooperate and exchange information with federal agencies and local, metropolitan,
61 or regional agencies as necessary to assist with federal, state, regional, metropolitan, and local
62 programs;
63 (j) make recommendations to the governor that the planning coordinator considers
64 advisable for the proper development and coordination of plans for state government and
65 political subdivisions; and
66 (k) oversee and supervise the activities and duties of the public lands policy
67 coordinator.
68 (2) The state planning coordinator may:
69 (a) perform regional and state planning and assist state government planning agencies
70 in performing state planning;
71 (b) provide planning assistance to Indian tribes regarding planning for Indian
72 reservations; and
73 (c) assist city, county, metropolitan, and regional planning agencies in performing
74 local, metropolitan, and regional planning, provided that the state planning coordinator and the
75 state planning coordinator's agents and designees recognize and promote the plans, policies,
76 programs, processes, and desired outcomes of each planning agency whenever possible.
77 (3) When preparing or assisting in the preparation of plans, policies, programs, or
78 processes related to the management or use of federal lands or natural resources on federal
79 lands in Utah, the state planning coordinator shall:
80 (a) incorporate the plans, policies, programs, processes, and desired outcomes of the
81 counties where the federal lands or natural resources are located, to the maximum extent
82 consistent with state and federal law, provided that this requirement shall not be interpreted to
83 infringe upon the authority of the governor;
84 (b) identify inconsistencies or conflicts between the plans, policies, programs,
85 processes, and desired outcomes prepared under Subsection (3)(a) and the plans, programs,
86 processes, and desired outcomes of local government as early in the preparation process as
87 possible, and seek resolution of the inconsistencies through meetings or other conflict
88 resolution mechanisms involving the necessary and immediate parties to the inconsistency or
89 conflict;
90 (c) present to the governor the nature and scope of any inconsistency or other conflict
91 that is not resolved under the procedures in Subsection (3)(b) for the governor's decision about
92 the position of the state concerning the inconsistency or conflict;
93 (d) develop, research, and use factual information, legal analysis, and statements of
94 desired future condition for the state, or subregion of the state, as necessary to support the
95 plans, policies, programs, processes, and desired outcomes of the state and the counties where
96 the federal lands or natural resources are located;
97 (e) establish and coordinate agreements between the state and federal land management
98 agencies, federal natural resource management agencies, and federal natural resource
99 regulatory agencies to facilitate state and local participation in the development, revision, and
100 implementation of land use plans, guidelines, regulations, other instructional memoranda, or
101 similar documents proposed or promulgated for lands and natural resources administered by
102 federal agencies; and
103 (f) work in conjunction with political subdivisions to establish agreements with federal
104 land management agencies, federal natural resource management agencies, and federal natural
105 resource regulatory agencies to provide a process for state and local participation in the
106 preparation of, or coordinated state and local response to, environmental impact analysis
107 documents and similar documents prepared pursuant to law by state or federal agencies.
108 (4) The state planning coordinator shall comply with the requirements of Subsection
109 63C-4-102 (8) before submitting any comments on a draft environmental impact statement or
110 on an environmental assessment for a proposed land management plan, if the governor would
111 be subject to Subsection 63C-4-102 (8) if the governor were submitting the material.
112 (5) The state planning coordinator shall cooperate with and work in conjunction with
113 appropriate state agencies and political subdivisions to develop policies, plans, programs,
114 processes, and desired outcomes authorized by this section by coordinating the development of
115 positions:
116 (a) through the Resource Development Coordinating Committee;
117 (b) in conjunction with local government officials concerning general local government
118 plans;
119 (c) by soliciting public comment through the Resource Development Coordinating
120 Committee; and
121 (d) by working with the Public Lands Policy Coordinating Office.
122 (6) The state planning coordinator shall recognize and promote the following principles
123 when preparing any policies, plans, programs, processes, or desired outcomes relating to
124 federal lands and natural resources on federal lands pursuant to this section:
125 (a) (i) the citizens of the state are best served by applying multiple-use and
126 sustained-yield principles in public land use planning and management; and
127 (ii) multiple-use and sustained-yield management means that federal agencies should
128 develop and implement management plans and make other resource-use decisions that:
129 (A) achieve and maintain in perpetuity a high-level annual or regular periodic output of
130 mineral and various renewable resources from public lands;
131 (B) support valid existing transportation, mineral, and grazing privileges at the highest
132 reasonably sustainable levels;
133 (C) support the specific plans, programs, processes, and policies of state agencies and
134 local governments;
135 (D) are designed to produce and provide the desired vegetation for the watersheds,
136 timber, food, fiber, livestock forage, and wildlife forage, and minerals that are necessary to
137 meet present needs and future economic growth and community expansion without permanent
138 impairment of the productivity of the land;
139 (E) meet the recreational needs and the personal and business-related transportation
140 needs of the citizens of the state by providing access throughout the state;
141 (F) meet the recreational needs of the citizens of the state;
142 (G) meet the needs of wildlife;
143 (H) provide for the preservation of cultural resources, both historical and
144 archaeological;
145 (I) meet the needs of economic development;
146 (J) meet the needs of community development; and
147 (K) provide for the protection of water rights;
148 (b) managing public lands for "wilderness characteristics" circumvents the statutory
149 wilderness process and is inconsistent with the multiple-use and sustained-yield management
150 standard that applies to all Bureau of Land Management and U.S. Forest Service lands that are
151 not wilderness areas or wilderness study areas;
152 (c) all waters of the state are:
153 (i) owned exclusively by the state in trust for its citizens;
154 (ii) are subject to appropriation for beneficial use; and
155 (iii) are essential to the future prosperity of the state and the quality of life within the
156 state;
157 (d) the state has the right to develop and use its entitlement to interstate rivers;
158 (e) all water rights desired by the federal government must be obtained through the
159 state water appropriation system;
160 (f) land management and resource-use decisions which affect federal lands should give
161 priority to and support the purposes of the compact between the state and the United States
162 related to school and institutional trust lands;
163 (g) development of the solid, fluid, and gaseous mineral resources of the state is an
164 important part of the economy of the state, and of local regions within the state;
165 (h) the state should foster and support industries that take advantage of the state's
166 outstanding opportunities for outdoor recreation;
167 (i) wildlife constitutes an important resource and provides recreational and economic
168 opportunities for the state's citizens;
169 (j) proper stewardship of the land and natural resources is necessary to ensure the
170 health of the watersheds, timber, forage, and wildlife resources to provide for a continuous
171 supply of resources for the people of the state and the people of the local communities who
172 depend on these resources for a sustainable economy;
173 (k) forests, rangelands, timber, and other vegetative resources:
174 (i) provide forage for livestock;
175 (ii) provide forage and habitat for wildlife;
176 (iii) provide resources for the state's timber and logging industries;
177 (iv) contribute to the state's economic stability and growth; and
178 (v) are important for a wide variety of recreational pursuits;
179 (l) management programs and initiatives that improve watersheds, forests, and increase
180 forage for the mutual benefit of wildlife species and livestock, logging, and other agricultural
181 industries by utilizing proven techniques and tools are vital to the state's economy and the
182 quality of life in Utah; and
183 (m) (i) land management plans, programs, and initiatives should provide that the
184 amount of domestic livestock forage, expressed in animal unit months, for permitted, active
185 use as well as the wildlife forage included in that amount, be no less than the maximum
186 number of animal unit months sustainable by range conditions in grazing allotments and
187 districts, based on an on-the-ground and scientific analysis;
188 (ii) the state opposes the relinquishment or retirement of grazing animal unit months in
189 favor of conservation, wildlife, and other uses;
190 (iii) (A) the state favors the best management practices that are jointly sponsored by
191 cattlemen's, sportsmen's, and wildlife management groups such as chaining, logging, seeding,
192 burning, and other direct soil and vegetation prescriptions that are demonstrated to restore
193 forest and rangeland health, increase forage, and improve watersheds in grazing districts and
194 allotments for the mutual benefit of domestic livestock and wildlife;
195 (B) when practices described in Subsection (6)(m)(iii)(A) increase a grazing
196 allotment's forage beyond the total permitted forage use that was allocated to that allotment in
197 the last federal land use plan or allotment management plan still in existence as of January 1,
198 2005, a reasonable and fair portion of the increase in forage beyond the previously allocated
199 total permitted use should be allocated to wildlife as recommended by a joint, evenly balanced
200 committee of livestock and wildlife representatives that is appointed and constituted by the
201 governor for that purpose;
202 (C) the state favors quickly and effectively adjusting wildlife population goals and
203 population census numbers in response to variations in the amount of available forage caused
204 by drought or other climatic adjustments, and state agencies responsible for managing wildlife
205 population goals and population census numbers will give due regard to both the needs of the
206 livestock industry and the need to prevent the decline of species to a point where listing under
207 the terms of the Endangered Species Act when making such adjustments;
208 (iv) the state opposes the transfer of grazing animal unit months to wildlife for
209 supposed reasons of rangeland health;
210 (v) reductions in domestic livestock animal unit months must be temporary and
211 scientifically based upon rangeland conditions;
212 (vi) policies, plans, programs, initiatives, resource management plans, and forest plans
213 may not allow the placement of grazing animal unit months in a suspended use category unless
214 there is a rational and scientific determination that the condition of the rangeland allotment or
215 district in question will not sustain the animal unit months sought to be placed in suspended
216 use;
217 (vii) any grazing animal unit months that are placed in a suspended use category should
218 be returned to active use when range conditions improve;
219 (viii) policies, plans, programs, and initiatives related to vegetation management
220 should recognize and uphold the preference for domestic grazing over alternate forage uses in
221 established grazing districts while upholding management practices that optimize and expand
222 forage for grazing and wildlife in conjunction with state wildlife management plans and
223 programs in order to provide maximum available forage for all uses; and
224 (ix) in established grazing districts, animal unit months that have been reduced due to
225 rangeland health concerns should be restored to livestock when rangeland conditions improve,
226 and should not be converted to wildlife use.
227 (7) The state planning coordinator shall recognize and promote the following findings
228 in the preparation of any policies, plans, programs, processes, or desired outcomes relating to
229 federal lands and natural resources on federal lands under this section:
230 (a) as a coholder of R.S. 2477 rights-of-way with the counties, the state supports its
231 recognition by the federal government and the public use of R.S. 2477 rights-of-way and urges
232 the federal government to fully recognize the rights-of-way and their use by the public as
233 expeditiously as possible;
234 (b) it is the policy of the state to use reasonable administrative and legal measures to
235 protect and preserve valid existing rights-of-way granted by Congress under R.S. 2477, and to
236 support and work in conjunction with counties to redress cases where R.S. 2477 rights-of-way
237 are not recognized or are impaired; and
238 (c) transportation and access routes to and across federal lands, including all
239 rights-of-way vested under R.S. 2477, are vital to the state's economy and to the quality of life
240 in the state, and must provide, at a minimum, a network of roads throughout the resource
241 planning area that provides for:
242 (i) movement of people, goods, and services across public lands;
243 (ii) reasonable access to a broad range of resources and opportunities throughout the
244 resource planning area, including:
245 (A) livestock operations and improvements;
246 (B) solid, fluid, and gaseous mineral operations;
247 (C) recreational opportunities and operations, including motorized and nonmotorized
248 recreation;
249 (D) search and rescue needs;
250 (E) public safety needs; and
251 (F) access for transportation of wood products to market;
252 (iii) access to federal lands for people with disabilities and the elderly; and
253 (iv) access to state lands and school and institutional trust lands to accomplish the
254 purposes of those lands.
255 (8) The state planning coordinator shall recognize and promote the following findings
256 in the preparation of any plans, policies, programs, processes, or desired outcomes relating to
257 federal lands and natural resources on federal lands pursuant to this section:
258 (a) the state's support for the addition of a river segment to the National Wild and
259 Scenic Rivers System, 16 U.S.C. Sec. 1271 et seq., will be withheld until:
260 (i) it is clearly demonstrated that water is present and flowing at all times;
261 (ii) it is clearly demonstrated that the required water-related value is considered
262 outstandingly remarkable within a region of comparison consisting of one of the three
263 physiographic provinces in the state, and that the rationale and justification for the conclusions
264 are disclosed;
265 (iii) it is clearly demonstrated that the inclusion of each river segment is consistent
266 with the plans and policies of the state and the county or counties where the river segment is
267 located as those plans and policies are developed according to Subsection (3);
268 (iv) the effects of the addition upon the local and state economies, agricultural and
269 industrial operations and interests, outdoor recreation, water rights, water quality, water
270 resource planning, and access to and across river corridors in both upstream and downstream
271 directions from the proposed river segment have been evaluated in detail by the relevant federal
272 agency;
273 (v) it is clearly demonstrated that the provisions and terms of the process for review of
274 potential additions have been applied in a consistent manner by all federal agencies;
275 (vi) the rationale and justification for the proposed addition, including a comparison
276 with protections offered by other management tools, is clearly analyzed within the multiple-use
277 mandate, and the results disclosed;
278 (vii) it is clearly demonstrated that the federal agency with management authority over
279 the river segment, and which is proposing the segment for inclusion in the National Wild and
280 Scenic River System will not use the actual or proposed designation as a basis to impose
281 management standards outside of the federal land management plan;
282 (viii) it is clearly demonstrated that the terms and conditions of the federal land and
283 resource management plan containing a recommendation for inclusion in the National Wild
284 and Scenic River System:
285 (A) evaluates all eligible river segments in the resource planning area completely and
286 fully for suitability for inclusion in the National Wild and Scenic River System;
287 (B) does not suspend or terminate any studies for inclusion in the National Wild and
288 Scenic River System at the eligibility phase;
289 (C) fully disclaims any interest in water rights for the recommended segment as a result
290 of the adoption of the plan; and
291 (D) fully disclaims the use of the recommendation for inclusion in the National Wild
292 and Scenic River System as a reason or rationale for an evaluation of impacts by proposals for
293 projects upstream, downstream, or within the recommended segment;
294 (ix) it is clearly demonstrated that the agency with management authority over the river
295 segment commits not to use an actual or proposed designation as a basis to impose Visual
296 Resource Management Class I or II management prescriptions that do not comply with the
297 provisions of Subsection (8)(t); and
298 (x) it is clearly demonstrated that including the river segment and the terms and
299 conditions for managing the river segment as part of the National Wild and Scenic River
300 System will not prevent, reduce, impair, or otherwise interfere with:
301 (A) the state and its citizens' enjoyment of complete and exclusive water rights in and
302 to the rivers of the state as determined by the laws of the state; or
303 (B) local, state, regional, or interstate water compacts to which the state or any county
304 is a party;
305 (b) the conclusions of all studies related to potential additions to the National Wild and
306 Scenic River System, 16 U.S.C. Sec. 1271 et seq., are submitted to the state for review and
307 action by the Legislature and governor, and the results, in support of or in opposition to, are
308 included in any planning documents or other proposals for addition and are forwarded to the
309 United States Congress;
310 (c) the state's support for designation of an Area of Critical Environmental Concern
311 (ACEC), as defined in 43 U.S.C. Sec. 1702, within federal land management plans will be
312 withheld until:
313 (i) it is clearly demonstrated that the proposed area satisfies all the definitional
314 requirements of the Federal Land Policy and Management Act of 1976, 43 U.S.C. Sec.
315 1702(a);
316 (ii) it is clearly demonstrated that the area proposed for designation as an ACEC is
317 limited in geographic size and that the proposed management prescriptions are limited in scope
318 to the minimum necessary to specifically protect and prevent irreparable damage to the relevant
319 and important values identified, or limited in geographic size and management prescriptions to
320 the minimum required to specifically protect human life or safety from natural hazards;
321 (iii) it is clearly demonstrated that the proposed area is limited only to areas that are
322 already developed or used or to areas where no development is required;
323 (iv) it is clearly demonstrated that the proposed area contains relevant and important
324 historic, cultural or scenic values, fish or wildlife resources, or natural processes which are
325 unique or substantially significant on a regional basis, or contain natural hazards which
326 significantly threaten human life or safety;
327 (v) the federal agency has analyzed regional values, resources, processes, or hazards for
328 irreparable damage and its potential causes resulting from potential actions which are
329 consistent with the multiple-use, sustained-yield principles, and the analysis describes the
330 rationale for any special management attention required to protect, or prevent irreparable
331 damage to the values, resources, processes, or hazards;
332 (vi) it is clearly demonstrated that the proposed designation is consistent with the plans
333 and policies of the state and of the county where the proposed designation is located as those
334 plans and policies are developed according to Subsection (3);
335 (vii) it is clearly demonstrated that the proposed ACEC designation will not be applied
336 redundantly over existing protections provided by other state and federal laws for federal lands
337 or resources on federal lands, and that the federal statutory requirement for special management
338 attention for a proposed ACEC will discuss and justify any management requirements needed
339 in addition to those specified by the other state and federal laws;
340 (viii) the difference between special management attention required for an ACEC and
341 normal multiple-use management has been identified and justified, and that any determination
342 of irreparable damage has been analyzed and justified for short and long-term horizons;
343 (ix) it is clearly demonstrated that the proposed designation:
344 (A) is not a substitute for a wilderness suitability recommendation;
345 (B) is not a substitute for managing areas inventoried for wilderness characteristics
346 after 1993 under the BLM interim management plan for valid wilderness study areas; and
347 (C) it is not an excuse or justification to apply de facto wilderness management
348 standards; and
349 (x) the conclusions of all studies are submitted to the state, as a cooperating agency, for
350 review, and the results, in support of or in opposition to, are included in all planning
351 documents;
352 (d) sufficient federal lands are made available for government-to-government
353 exchanges of school and institutional trust lands and federal lands without regard for a
354 resource-to-resource correspondence between the surface or mineral characteristics of the
355 offered trust lands and the offered federal lands;
356 (e) federal agencies should support government-to-government exchanges of land with
357 the state based on a fair process of valuation which meets the fiduciary obligations of both the
358 state and federal governments toward trust lands management, and which assures that revenue
359 authorized by federal statute to the state from mineral or timber production, present or future, is
360 not diminished in any manner during valuation, negotiation, or implementation processes;
361 (f) agricultural and grazing lands should continue to produce the food and fiber needed
362 by the citizens of the state and the nation, and the rural character and open landscape of rural
363 Utah should be preserved through a healthy and active agricultural and grazing industry,
364 consistent with private property rights and state fiduciary duties;
365 (g) the resources of the forests and rangelands of the state should be integrated as part
366 of viable, robust, and sustainable state and local economies, and available forage should be
367 evaluated for the full complement of herbivores the rangelands can support in a sustainable
368 manner, and forests should contain a diversity of timber species, and disease or insect
369 infestations in forests should be controlled using logging or other best management practices;
370 (h) the state opposes any additional evaluation of national forest service lands as
371 "roadless" or "unroaded" beyond the forest service's second roadless area review evaluation and
372 opposes efforts by agencies to specially manage those areas in a way that:
373 (i) closes or declassifies existing roads unless multiple side by side roads exist running
374 to the same destination and state and local governments consent to close or declassify the extra
375 roads;
376 (ii) permanently bars travel on existing roads;
377 (iii) excludes or diminishes traditional multiple-use activities, including grazing and
378 proper forest harvesting;
379 (iv) interferes with the enjoyment and use of valid, existing rights, including water
380 rights, local transportation plan rights, R.S. 2477 rights, grazing allotment rights, and mineral
381 leasing rights; or
382 (v) prohibits development of additional roads reasonably necessary to pursue
383 traditional multiple-use activities;
384 (i) the state's support for any forest plan revision or amendment will be withheld until
385 the appropriate plan revision or plan amendment clearly demonstrates that:
386 (i) established roads are not referred to as unclassified roads or a similar classification;
387 (ii) lands in the vicinity of established roads are managed under the multiple-use,
388 sustained-yield management standard; and
389 (iii) no roadless or unroaded evaluations or inventories are recognized or upheld
390 beyond those that were recognized or upheld in the forest service's second roadless area review
391 evaluation;
392 (j) the state's support for any recommendations made under the statutory requirement to
393 examine the wilderness option during the revision of land and resource management plans by
394 the U.S. Forest Service will be withheld until it is clearly demonstrated that:
395 (i) the duly adopted transportation plans of the state and county or counties within the
396 planning area are fully and completely incorporated into the baseline inventory of information
397 from which plan provisions are derived;
398 (ii) valid state or local roads and rights-of-way are recognized and not impaired in any
399 way by the recommendations;
400 (iii) the development of mineral resources by underground mining is not affected by
401 the recommendations;
402 (iv) the need for additional administrative or public roads necessary for the full use of
403 the various multiple-uses, including recreation, mineral exploration and development, forest
404 health activities, and grazing operations is not unduly affected by the recommendations;
405 (v) analysis and full disclosure is made concerning the balance of multiple-use
406 management in the proposed areas, and that the analysis compares the full benefit of
407 multiple-use management to the recreational, forest health, and economic needs of the state and
408 the counties to the benefits of the requirements of wilderness management; and
409 (vi) the conclusions of all studies related to the requirement to examine the wilderness
410 option are submitted to the state for review and action by the Legislature and governor, and the
411 results, in support of or in opposition to, are included in any planning documents or other
412 proposals that are forwarded to the United States Congress;
413 (k) the invasion of noxious weeds and undesirable invasive plant species into the state
414 should be reversed, their presence eliminated, and their return prevented;
415 (l) management and resource-use decisions by federal land management and regulatory
416 agencies concerning the vegetative resources within the state should reflect serious
417 consideration of the proper optimization of the yield of water within the watersheds of the
418 state;
419 (m) (i) it is the policy of the state that:
420 (A) mineral and energy production and environmental protection are not mutually
421 exclusive;
422 (B) it is technically feasible to permit appropriate access to mineral and energy
423 resources while preserving nonmineral and nonenergy resources;
424 (C) resource management planning should seriously consider all available mineral and
425 energy resources;
426 (D) the development of the solid, fluid, and gaseous mineral resources of the state and
427 the renewable resources of the state should be encouraged;
428 (E) the waste of fluid and gaseous minerals within developed areas should be
429 prohibited; and
430 (F) requirements to mitigate or reclaim mineral development projects should be based
431 on credible evidence of significant impacts to natural or cultural resources;
432 (ii) the state's support for mineral development provisions within federal land
433 management plans will be withheld until the appropriate land management plan environmental
434 impact statement clearly demonstrates:
435 (A) that the authorized planning agency has:
436 (I) considered and evaluated the mineral and energy potential in all areas of the
437 planning area as if the areas were open to mineral development under standard lease
438 agreements; and
439 (II) evaluated any management plan prescription for its impact on the area's baseline
440 mineral and energy potential;
441 (B) that the development provisions do not unduly restrict access to public lands for
442 energy exploration and development;
443 (C) that the authorized planning agency has supported any closure of additional areas
444 to mineral leasing and development or any increase of acres subject to no surface occupancy
445 restrictions by adhering to:
446 (I) the relevant provisions of the Federal Land Policy and Management Act of 1976, 43
447 U.S.C. Sec. 1701 et seq.;
448 (II) other controlling mineral development laws; and
449 (III) the controlling withdrawal and reporting procedures set forth in the Federal Land
450 Policy and Management Act of 1976, 43 U.S.C. Sec. 1701 et seq.;
451 (D) that the authorized planning agency evaluated whether to repeal any moratorium
452 that may exist on the issuance of additional mining patents and oil and gas leases;
453 (E) that the authorized planning agency analyzed all proposed mineral lease
454 stipulations and considered adopting the least restrictive necessary to protect against damage to
455 other significant resource values;
456 (F) that the authorized planning agency evaluated mineral lease restrictions to
457 determine whether to waive, modify, or make exceptions to the restrictions on the basis that
458 they are no longer necessary or effective;
459 (G) that the authorized federal agency analyzed all areas proposed for no surface
460 occupancy restrictions, and that the analysis evaluated:
461 (I) whether directional drilling is economically feasible and ecologically necessary for
462 each proposed no surface occupancy area;
463 (II) whether the directional drilling feasibility analysis, or analysis of other
464 management prescriptions, demonstrates that the proposed no surface occupancy prescription,
465 in effect, sterilizes the mineral and energy resources beneath the area; and
466 (III) whether, if the minerals are effectively sterilized, the area must be reported as
467 withdrawn under the provisions of the Federal Land Policy and Management Act; and
468 (H) that the authorized planning agency has evaluated all directional drilling
469 requirements in no surface occupancy areas to determine whether directional drilling is feasible
470 from an economic, ecological, and engineering standpoint;
471 (n) motorized, human, and animal-powered outdoor recreation should be integrated
472 into a fair and balanced allocation of resources within the historical and cultural framework of
473 multiple-uses in rural Utah, and outdoor recreation should be supported as part of a balanced
474 plan of state and local economic support and growth;
475 (o) off-highway vehicles should be used responsibly, the management of off-highway
476 vehicles should be uniform across all jurisdictions, and laws related to the use of off-highway
477 vehicles should be uniformly applied across all jurisdictions;
478 (p) (i) rights-of-way granted and vested under the provisions of R.S. 2477 should be
479 preserved and acknowledged;
480 (ii) land use management plans, programs, and initiatives should be consistent with
481 both state and county transportation plans developed according to Subsection (3) in order to
482 provide a network of roads throughout the planning area that provides for:
483 (A) movement of people, goods, and services across public lands;
484 (B) reasonable access to a broad range of resources and opportunities throughout the
485 planning area, including access to livestock, water, and minerals;
486 (C) economic and business needs;
487 (D) public safety;
488 (E) search and rescue;
489 (F) access for people with disabilities and the elderly;
490 (G) access to state lands; and
491 (H) recreational opportunities;
492 (q) transportation and access provisions for all other existing routes, roads, and trails
493 across federal, state, and school trust lands within the state should be determined and
494 identified, and agreements should be executed and implemented, as necessary to fully authorize
495 and determine responsibility for maintenance of all routes, roads, and trails;
496 (r) the reasonable development of new routes and trails for motorized, human, and
497 animal-powered recreation should be implemented;
498 (s) (i) forests, rangelands, and watersheds, in a healthy condition, are necessary and
499 beneficial for wildlife, livestock grazing, and other multiple-uses;
500 (ii) management programs and initiatives that are implemented to increase forage for
501 the mutual benefit of the agricultural industry, livestock operations, and wildlife species should
502 utilize all proven techniques and tools;
503 (iii) the continued viability of livestock operations and the livestock industry should be
504 supported on the federal lands within the state by management of the lands and forage
505 resources, by the proper optimization of animal unit months for livestock, in accordance with
506 the multiple-use provisions of the Federal Land Policy and Management Act of 1976, 43
507 U.S.C. 1701 et seq., the provisions of the Taylor Grazing Act of 1934, 43 U.S.C. 315 et seq.,
508 and the provisions of the Public Rangelands Improvement Act of 1978, 43 U.S.C. 1901 et seq.;
509 (iv) provisions for predator control initiatives or programs under the direction of state
510 and local authorities should be implemented; and
511 (v) resource-use and management decisions by federal land management and
512 regulatory agencies should support state-sponsored initiatives or programs designed to stabilize
513 wildlife populations that may be experiencing a scientifically demonstrated decline in those
514 populations; and
515 (t) management and resource use decisions by federal land management and regulatory
516 agencies concerning the scenic resources of the state must balance the protection of scenery
517 with the full management requirements of the other authorized uses of the land under
518 multiple-use management, and should carefully consider using Visual Resource Management
519 Class I protection only for areas of inventoried Class A scenery or equivalent.
520 (9) Notwithstanding any provision of Section 63J-8-105.5 , the state is committed to
521 establishing and administering an effective statewide conservation strategy for greater sage
522 grouse.
523 [
524 the planning powers conferred upon state departments, agencies, instrumentalities, or advisory
525 councils of the state or the planning powers conferred upon political subdivisions by any other
526 existing law.
527 [
528 from the public domain for military purposes, which are administered by the United States
529 Army, Air Force, or Navy.
530 Section 2. Section 63J-8-102 is amended to read:
531 63J-8-102. Definitions.
532 As used in this chapter:
533 (1) "ACEC" means an area of critical environmental concern.
534 (2) "AUM" means animal unit months, a unit of grazing forage.
535 (3) "BLM" means the United States Bureau of Land Management.
536 (4) "FLPMA" means the Federal Land Policy Management Act of 1976, 43 U.S.C. Sec.
537 1701 et seq.
538 (5) "Forest service" means the United States Forest Service within the United States
539 Department of Agriculture.
540 (6) "Multiple use" means proper stewardship of the subject lands pursuant to Section
541 1031(C) of FLPMA, 43 U.S.C. Sec. 170(C).
542 (7) "OHV" means off-highway vehicle as defined in Section 41-22-2 .
543 (8) "Settlement Agreement" means the written agreement between the state and the
544 Department of the Interior in 2003 (revised in 2005) that resolved the case of State of Utah v.
545 Gale Norton, Secretary of Interior (United States District Court, D. Utah, Case No.
546 2:96cv0870).
547 (9) "SITLA" means the School and Institutional Trust Lands Administration as created
548 in Section 53C-1-201 .
549 (10) (a) "Subject lands" means the following non-WSA BLM lands:
550 (i) in Beaver County:
551 (A) Mountain Home Range South, Jackson Wash, The Toad, North Wah Wah
552 Mountains, Central Wah Wah Mountains, and San Francisco Mountains according to the
553 region map entitled "Great Basin Central" linked in the webpage entitled "Citizen's Proposal
554 for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
555 existed on February 17, 2011; and
556 (B) White Rock Range, South Wah Wah Mountains, and Granite Peak according to the
557 region map entitled "Great Basin South" linked in the webpage entitled "Citizen's Proposal for
558 Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
559 existed on February 17, 2011;
560 (ii) in Box Elder County: Little Goose Creek, Grouse Creek Mountains North, Grouse
561 Creek Mountains South, Bald Eagle Mountain, Central Pilot Range, Pilot Peak, Crater Island
562 West, Crater Island East, Newfoundland Mountains, and Grassy Mountains North according to
563 the region map entitled "Great Basin North" linked in the webpage entitled "Citizen's Proposal
564 for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
565 existed on February 17, 2011;
566 (iii) in Carbon County: Desbrough Canyon and Turtle Canyon according to the region
567 map entitled "Book Cliffs" linked in the webpage entitled "Citizen's Proposal for Wilderness in
568 Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
569 February 17, 2011;
570 (iv) in Daggett County: Goslin Mountain, Home Mountain, Red Creek Badlands,
571 O-wi-yu-kuts, Lower Flaming Gorge, Crouse Canyon, and Diamond Breaks according to the
572 region map entitled "Dinosaur" linked in the webpage entitled "Citizen's Proposal for
573 Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
574 existed on February 17, 2011;
575 (v) in Duchesne County: Desbrough Canyon according to the region map entitled
576 "Book Cliffs" linked in the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
577 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
578 2011;
579 (vi) in Emery County:
580 (A) San Rafael River and Sweetwater Reef, according to the region map entitled
581 "Canyonlands Basin" linked in the webpage entitled "Citizen's Proposal for Wilderness in
582 Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
583 February 17, 2011;
584 (B) Flat Tops according to the region map entitled "Glen Canyon," which is available
585 by clicking the link entitled "Dirty Devil" at the webpage entitled "Citizen's Proposal for
586 Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
587 existed on February 17, 2011; and
588 (C) Price River, Lost Spring Wash, Eagle Canyon, Upper Muddy Creek, Molen Reef,
589 Rock Canyon, Mussentuchit Badland, and Muddy Creek, according to the region map entitled
590 "San Rafael Swell" linked at the webpage entitled "Citizen's Proposal for Wilderness in Utah"
591 at http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
592 2011;
593 (vii) in Garfield County:
594 (A) Pole Canyon, according to the region map entitled "Great Basin South" linked in
595 the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
596 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
597 2011;
598 (B) Dirty Devil, Fiddler Butte, Little Rockies, Cane Spring Desert, and Cane Spring
599 Desert Adjacents, according to the region map entitled "Glen Canyon," which is available by
600 clicking the link entitled "Dirty Devil" at the webpage entitled "Citizen's Proposal for
601 Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
602 existed on February 17, 2011;
603 (C) Lampstand, Wide Hollow, Steep Creek, Brinkerhof Flats, Little Valley Canyon,
604 Death Hollow, Studhorse Peaks, Box Canyon, Heaps Canyon, North Escalante Canyon, Colt
605 Mesa, East of Bryce, Slopes of Canaan Peak, Horse Spring Canyon, Muley Twist Flank,
606 Pioneer Mesa, Slopes of Bryce, Blue Hills, Mud Springs Canyon, Carcass Canyon, Willis
607 Creek North, Kodachrome Basin, and Kodachrome Headlands, according to the region map
608 entitled "Grand Staircase Escalante" linked at the webpage entitled "Citizen's Proposal for
609 Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
610 existed on February 17, 2011; and
611 (D) Notom Bench, Mount Ellen, Bull Mountain, Dogwater Creek, Ragged Mountain,
612 Mount Pennell, Mount Hillers, Bullfrog Creek, and Long Canyon, according to the region map
613 entitled "Henry Mountains" linked at the webpage entitled "Citizen's Proposal for Wilderness
614 in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
615 February 17, 2011;
616 (viii) in Iron County: Needle Mountains, Steamboat Mountain, Broken Ridge, Paradise
617 Mountains, Crook Canyon, Hamlin, North Peaks, Mount Escalante, and Antelope Ridge,
618 according to the region map entitled "Great Basin South" linked in the webpage entitled
619 "Citizen's Proposal for Wilderness in Utah" at
620 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
621 2011;
622 (ix) in Juab County: Deep Creek Mountains, Essex Canyon, Kern Mountains, Wild
623 Horse Pass, Disappointment Hills, Granite Mountain, Middle Mountains, Tule Valley, Fish
624 Springs Ridge, Thomas Range, Drum Mountains, Dugway Mountains, Keg Mountains West,
625 Keg Mountains East, Lion Peak, and Rockwell Little Sahara, according to the region map
626 entitled "Great Basin Central" linked in the webpage entitled "Citizen's Proposal for
627 Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
628 existed on February 17, 2011;
629 (x) in Kane County:
630 (A) Willis Creek North, Willis Creek, Kodachrome Badlands, Mud Springs Canyon,
631 Carcass Canyon, Scorpion, Bryce Boot, Paria-Hackberry Canyons, Fiftymile Canyon,
632 Hurricane Wash, Upper Kanab Creek, Timber Mountain, Nephi Point, Paradise Canyon,
633 Wahweap Burning Hills, Fiftymile Bench, Forty Mile Gulch, Sooner Bench 1, 2, & 3, Rock
634 Cove, Warm Bench, Andalex Not, Vermillion Cliffs, Ladder Canyon, The Cockscomb, Nipple
635 Bench, Moquith Mountain, Bunting Point, Glass Eye Canyon, and Pine Hollow, according to
636 the region map entitled "Grand Staircase Escalante" linked at the webpage entitled "Citizen's
637 Proposal for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the
638 webpage existed on February 17, 2011; and
639 (B) Orderville Canyon, Jolley Gulch, and Parunuweap Canyon, according to the region
640 map entitled "Zion/Mohave" linked at the webpage entitled "Citizen's Proposal for Wilderness
641 in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
642 February 17, 2011;
643 (xi) in Millard County: Kern Mountains, Wild Horse Pass, Disappointment Hills,
644 Granite Mountain, Middle Mountains, Tule Valley, Swasey Mountain, Little Drum Mountains
645 North, Little Drum Mountains South, Drum Mountains, Snake Valley, Coyote Knoll, Howell
646 Peak, Tule Valley South, Ledger Canyon, Chalk Knolls, Orr Ridge, Notch View, Bullgrass
647 Knoll, Notch Peak, Barn Hills, Cricket Mountains, Burbank Pass, Middle Burbank Hills, King
648 Top, Barn Hills, Red Tops, Middle Burbank Hills, Juniper, Painted Rock Mountain, Black
649 Hills, Tunnel Springs, Red Canyon, Sand Ridge, Little Sage Valley, Cat Canyon, Headlight
650 Mountain, Black Hills, Mountain Range Home North, Tweedy Wash, North Wah Wah
651 Mountains, Jackson Wash, and San Francisco Mountains, according to the region map entitled
652 "Great Basin Central" linked in the webpage entitled "Citizen's Proposal for Wilderness in
653 Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
654 February 17, 2011;
655 (xii) in Piute County: Kingston Ridge, Rocky Ford, and Phonolite Hill, according to
656 the region map entitled "Great Basin South" linked in the webpage entitled "Citizen's Proposal
657 for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
658 existed on February 17, 2011;
659 (xiii) in San Juan County:
660 (A) Horseshoe Point, Deadhorse Cliffs, Gooseneck, Demon's Playground, Hatch
661 Canyon, Lockhart Basin, Indian Creek, Hart's Point, Butler Wash, Bridger Jack Mesa, and Shay
662 Mountain, according to the region map entitled "Canyonlands Basin" linked in the webpage
663 entitled "Citizen's Proposal for Wilderness in Utah" at
664 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
665 2011;
666 (B) Dark Canyon, Copper Point, Fortknocker Canyon, White Canyon, The Needle, Red
667 Rock Plateau, Upper Red Canyon, and Tuwa Canyon, according to the region map entitled
668 "Glen Canyon," which is available by clicking the link entitled "Dirty Devil" at the webpage
669 entitled "Citizen's Proposal for Wilderness in Utah" at
670 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
671 2011;
672 (C) Hunters Canyon, Behind the Rocks, Mill Creek, and Coyote Wash, according to
673 the region map entitled "Moab/La Sal" linked at the webpage entitled "Citizen's Proposal for
674 Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
675 existed on February 17, 2011; and
676 (D) Hammond Canyon, Allen Canyon, Mancos Jim Butte, Arch Canyon, Monument
677 Canyon, Tin Cup Mesa, Cross Canyon, Nokai Dome, Grand Gulch, Fish and Owl Creek
678 Canyons, Comb Ridge, Road Canyon, The Tabernacle, Lime Creek, San Juan River, and
679 Valley of the Gods, according to the region map entitled "San Juan" linked at the webpage
680 entitled "Citizen's Proposal for Wilderness in Utah" at
681 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
682 2011;
683 (xiv) in Sevier County: Rock Canyon, Mussentuchit Badland, Limestone Cliffs, and
684 Jones' Bench, according to the region map entitled "San Rafael Swell" linked at the webpage
685 entitled "Citizen's Proposal for Wilderness in Utah" at
686 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
687 2011;
688 (xv) in Tooele County:
689 (A) Silver Island Mountains, Crater Island East, Grassy Mountains North, Grassy
690 Mountains South, Stansbury Island, Cedar Mountains North, Cedar Mountains Central, Cedar
691 Mountains South, North Stansbury Mountains, Oquirrh Mountains, and Big Hollow, according
692 to the region map entitled "Great Basin North" linked in the webpage entitled "Citizen's
693 Proposal for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the
694 webpage existed on February 17, 2011, excluding the areas that Congress designated as
695 wilderness under the National Defense Authorization Act for Fiscal Year 2006; and
696 (B) Ochre Mountain, Deep Creek Mountains, Dugway Mountains, Indian Peaks, and
697 Lion Peak, according to the region map entitled "Great Basin Central" linked in the webpage
698 entitled "Citizen's Proposal for Wilderness in Utah" at
699 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
700 2011;
701 (xvi) in Uintah County:
702 (A) White River, Lower Bitter Creek, Sunday School Canyon, Dragon Canyon, Wolf
703 Point, Winter Ridge, Seep Canyon, Bitter Creek, Hideout Canyon, Sweetwater Canyon, and
704 Hell's Hole, according to the region map entitled "Book Cliffs" linked in the webpage entitled
705 "Citizen's Proposal for Wilderness in Utah" at
706 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
707 2011; and
708 (B) Lower Flaming Gorge, Crouse Canyon Stone Bridge Draw, Diamond Mountain,
709 Wild Mountain, Split Mountain Benches, Vivas Cake Hill, Split Mountain Benches South,
710 Beach Draw, Stuntz Draw, Moonshine Draw, Bourdette Draw, and Bull Canyon, according to
711 the region map entitled "Dinosaur" linked in the webpage entitled "Citizen's Proposal for
712 Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
713 existed on February 17, 2011;
714 (xvii) in Washington County: Couger Canyon, Docs Pass, Slaughter Creek, Butcher
715 Knife Canyon, Square Top, Scarecrow Creek, Beaver Dam Wash, Beaver Dam Mountains
716 North, Beaver Dam Mountains South, Joshua Tree, Beaver Dam Wilderness Expansion, Red
717 Mountain, Cottonwood Canyon, Taylor Canyon, LaVerkin Creek, Beartrap Canyon, Deep
718 Creek, Black Ridge, Red Butte, Kolob Creek, Goose Creek, Dry Creek, Zion National Park
719 Adjacents, Crater Hill, The Watchman, and Canaan Mountain, according to the region map
720 entitled "Zion/Mohave" linked at the webpage entitled "Citizen's Proposal for Wilderness in
721 Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
722 February 17, 2011, excluding the areas that Congress designated as wilderness and
723 conservation areas under the Omnibus Public Lands Management Act of 2009; and
724 (xviii) in Wayne County:
725 (A) Sweetwater Reef, Upper Horseshoe Canyon, and Labyrinth Canyon, according to
726 the region map entitled "Canyonlands Basin" linked in the webpage entitled "Citizen's Proposal
727 for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
728 existed on February 17, 2011;
729 (B) Flat Tops and Dirty Devil, according to the region map entitled "Glen Canyon,"
730 which is available by clicking the link entitled "Dirty Devil" at the webpage entitled "Citizen's
731 Proposal for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the
732 webpage existed on February 17, 2011;
733 (C) Fremont Gorge, Pleasant Creek Bench, Notom Bench, Mount Ellen, and Bull
734 Mountain, according to the region map entitled "Henry Mountains" linked at the webpage
735 entitled "Citizen's Proposal for Wilderness in Utah" at
736 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
737 2011; and
738 (D) Capital Reef Adjacents, Muddy Creek, Wild Horse Mesa, North Blue Flats, Red
739 Desert, and Factory Butte, according to the region map entitled "San Rafael Swell" linked at
740 the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
741 http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
742 2011.
743 (b) "Subject lands" also includes all BLM and Forest Service lands in the state that are
744 not Wilderness Area or Wilderness Study Areas;
745 (c) "Subject lands" does not include the following lands that are the subject of
746 consideration for a possible federal lands bill and should be managed according to the 2008
747 Price BLM Field Office Resource Management Plan until a federal lands bill provides
748 otherwise:
749 (i) Turtle Canyon and Desolation Canyon according to the region map entitled "Book
750 Cliffs" linked in the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
751 http://protectwildutah.org/proposal/index.html as the webpage existed on February 17, 2011;
752 (ii) Labyrinth Canyon, Duma Point, and Horseshoe Point, according to the region map
753 entitled "Canyonlands Basin" linked in the webpage entitled "Citizen's Proposal for Wilderness
754 in Utah" at http://protectwildutah.org/proposal/index.html as the webpage existed on February
755 17, 2011; and
756 (iii) Devil's Canyon, Sid's Mountain, Mexican Mountain, San Rafael Reef, Hondu
757 Country, Cedar Mountain, and Wild Horse, according to the region map entitled "San Rafael
758 Swell" linked at the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
759 http://protectwildutah.org/proposal/index.html as the webpage existed on February 17, 2011[
760 (11) "Uintah Basin Energy Zone" means BLM, Forest Service, and SITLA lands
761 situated in the following townships in Daggett, Duchesne, and Uintah counties, as more fully
762 illustrated in the map prepared by the Uintah County GIS Department in February 2012 entitled
763 "Uintah Basin Utah Energy Zone":
764 (a) in Daggett County, Township 3N Range 17 E, Township 3N Range 18E, Township
765 3N Range 19E, Township 3N Range 20E, Township 3N Range 22E, Township 3N Range 23E,
766 Township 3N Range 24E, Township 3N Range 25E, Township 2N Range 17E, Township 2N
767 Range 18E, Township 2N Range 19E, Township 2N Range 20E, Township 2N Range 21E, and
768 Township 2S Range 25E;
769 (b) in Duchesne County, Township 3N Range 4W, Township 3N Range 3W, Township
770 3N Range 2W, Township 3N Range 1W, Township 2N Range 6W, Township 2N Range 5W,
771 Township 2N Range 4W, Township 2N Range 3W, Township 2N Range 1W, Township 1N
772 Range 9W, Township 1N Range 8W, Township 1N Range 7W, Township 1N Range 6W,
773 Township 1S Range 9W, Township 1S Range 8W, Township 4S Range 9W, Township 4S
774 Range 3W, Township 4S Range 2W, Township 4S Range 1W, Township 8S Range 15E,
775 Township 8S Range 16E, Township 8S Range 17E, Township 5S Range 9W, Township 5S
776 Range 3W, Township 9S Range 15E, Township 9S Range 16E, Township 9S Range 17E,
777 Township 6S Range 9W, Township 6S Range 8W, Township 6S Range 7W, Township 6S
778 Range 6W, Township 6S Range 5W, Township 6S Range 3W, Township 10S Range 15E,
779 Township 10S Range 16E, Township 10S Range 17E, Township 7S Range 9W, Township 7S
780 Range 8W, Township 7S Range 7W, Township 7S Range 6W, Township 7S Range 5W,
781 Township 7S Range 4W, Township 10S Range 11E, Township 10S Range 12E, Township 10S
782 Range 13E, Township 10S Range 14E, Township 10S Range 15E, Township 10S Range 16E,
783 Township 10S Range 17E, Township 11S Range 10E, Township 11S Range 11E, Township
784 11S Range 12E, Township 11S Range 13E, Township 11S Range 14E, Township 11S Range
785 15E, Township 11S Range 16E, and Township 11S Range 17E; and
786 (c) in Uintah County: Township 2S Range 18E, Township 2S Range 19E, Township
787 2S Range 20E, Township 2S Range 21E, Township 2S Range 22E, Township 2S Range 23E,
788 Township 2S Range 24E, Township 2N Range 1W, Township 2N Range 1E, Township 2N
789 Range 2E, Township 3S Range 18E, Township 3S Range 19E, Township 3S Range 20E,
790 Township 3S Range 21E, Township 3S Range 22E, Township 3S Range 23E, Township 3S
791 Range 24E, Township 4S Range 19E, Township 4S Range 20E, Township 4S Range 21E,
792 Township 4S Range 22E, Township 4S Range 23E, Township 4S Range 24E, Township 4S
793 Range 25E, Township 5S Range 19E, Township 5S Range 20E, Township 5S Range 21E,
794 Township 5S Range 22E, Township 5S Range 23E, Township 5S Range 24E, Township 5S
795 Range 25E, Township 6S Range 19E, Township 6S Range 20E, Township 6S Range 21E,
796 Township 6S Range 22E, Township 6S Range 23E, Township 6S Range 24E, Township 6S
797 Range 25E, Township 7S Range 19E, Township 7S Range 20E, Township 7S Range 21E,
798 Township 7S Range 22E, Township 7S Range 23E, Township 7S Range 24E, Township 7S
799 Range 25E, Township 8S Range 17E, Township 8S Range 18E, Township 8S Range 19E,
800 Township 8S Range 20E, Township 8S Range 21E, Township 8S Range 22E, Township 8S
801 Range 23E, Township 8S Range 24E, Township 8S Range 25E, Township 9S Range 17E,
802 Township 9S Range 18E, Township 9S Range 19E, Township 9S Range 20E, Township 9S
803 Range 21E, Township 9S Range 22E, Township 9S Range 23E, Township 9S Range 24E,
804 Township 9S Range 25E, Township 10S Range 17E, Township 10S Range 18E, Township 10S
805 Range 19E, Township 10S Range 20E, Township 10S Range 21E, Township 10S Range 22E,
806 Township 10S Range 23E, Township 10S Range 24E, Township 10S Range 25E, Township
807 11S Range 17E, Township 11S Range 18E, Township 11S Range 19E, Township 11S Range
808 20E, Township 11S Range 21E, Township 11S Range 22E, Township 11S Range 23E,
809 Township 11S Range 24E, Township 11S Range 25E, Township 12S Range 20E, Township
810 12S Range 21E, Township 12S Range 22E, Township 12S Range 23E, Township 12S Range
811 24E, Township 12S Range 25E, Township 13S Range 20E, Township 13S Range 21E,
812 Township 13S Range 22E, Township 13S Range 23E, Township 13S Range 24E, Township
813 13S Range 25E, Township 13S Range 26 E, Township 14S Range 21E, Township 14S Range
814 22E, Township 14S Range 23E, Township 14S Range 24E, Township 14S Range 25E, and
815 Township 14S Range 26E.
816 [
817 National Wilderness Preservation System by an act of Congress.
818 [
819 were identified as having the necessary wilderness character and were classified as wilderness
820 study areas during the BLM wilderness review conducted between 1976 and 1993 by authority
821 of Section 603 of FLPMA and labeled as Wilderness Study Areas within the final report of the
822 President of the United States to the United States Congress in 1993.
823 Section 3. Section 63J-8-105 is amended to read:
824 63J-8-105. Maps available for public review.
825 A printed copy of the maps referenced in [
826 (11) shall be available for inspection by the public at the offices of the Utah Association of
827 Counties.
828 Section 4. Section 63J-8-105.5 is enacted to read:
829 63J-8-105.5. Uintah Basin Energy Zone established -- Findings -- Management
830 and land use priorities.
831 (1) There is established the Uintah Basin Energy Zone in Daggett, Uintah, and
832 Duchesne Counties for the purpose of maximizing efficient and responsible development of
833 energy and mineral resources.
834 (2) The land area and boundaries of the Uintah Basin Energy Zone are described in
835 Subsection 63J-8-102 (11) and illustrated on the map described in Section 63J-8-105 .
836 (3) The state finds that:
837 (a) the lands comprising the Uintah Basin Energy Zone contain abundant, world-class
838 deposits of energy and mineral resources, including oil, natural gas, oil shale, oil sands,
839 gilsonite, coal, phosphate, gold, uranium, and copper, as well as areas with high wind and solar
840 energy potential; and
841 (b) the highest management priority for all lands within the Uintah Basin Energy Zone
842 is responsible management and development of existing energy and mineral resources in order
843 to provide long-term domestic energy and supplies for Utah and the United States.
844 (4) The state supports:
845 (a) efficient and responsible full development of all existing energy and mineral
846 resources located within the Uintah Basin Energy Zone, including oil, oil shale, natural gas, oil
847 sands, gilsonite, phosphate, gold, uranium, copper, solar, and wind resources; and
848 (b) a cooperative management approach among federal agencies, state, and local
849 governments to achieve broadly supported management plans for the full development of all
850 energy and mineral resources within the Uintah Basin Energy Zone.
851 (5) The state calls upon the federal agencies who administer lands within the Uintah
852 Basin Energy Zone to:
853 (a) fully cooperate and coordinate with the state and with Daggett, Uintah, and
854 Duchesne Counties to develop, amend, and implement land and resource management plans
855 and to implement management decisions that are consistent with the purposes, goals, and
856 policies described in this section to the maximum extent allowed under federal law;
857 (b) expedite the processing, granting, and streamlining of mineral and energy leases
858 and applications to drill, extract, and otherwise develop all existing energy and mineral
859 resources located within the Uintah Basin Energy Zone, including oil, natural gas, oil shale, oil
860 sands, gilsonite, phosphate, gold, uranium, copper, solar, and wind resources;
861 (c) allow continued maintenance and increased development of roads, power lines,
862 pipeline infrastructure, and other utilities necessary to achieve the goals, purposes, and policies
863 described in this section;
864 (d) refrain from any planning decisions and management actions that will undermine,
865 restrict, or diminish the goals, purposes, and policies for the Uintah Basin Energy Zone as
866 stated in this section; and
867 (e) refrain from implementing a policy that is contrary to the goals and purposes
868 described within this section.
869 (6) The state calls upon Congress to establish an intergovernmental standing
870 commission among federal, state, and local governments to guide and control planning
871 decisions and management actions in the Uintah Basin Energy Zone in order to achieve and
872 maintain the goals, purposes, and policies described in this section.
873 (7) Notwithstanding the provisions of this section, the state's grazing and livestock
874 policies and plans on land within the Uintah Basin Energy Zone shall continue to be governed
875 by Sections 63J-4-401 and 63J-8-104 .
876 Section 5. Effective date.
877 If approved by two-thirds of all the members elected to each house, this bill takes effect
878 upon approval by the governor, or the day following the constitutional time limit of Utah
879 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
880 the date of veto override.
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