! The Capitol Complex is closed to the public due to COVID-19. All meetings will be held virtually online. View procedures and guidelines (PDF) for remote public comment and virtual meeting instructions (PDF).

Link to Zipped WordPerfect Minutes 11K bytes

MINUTES OF THE HOUSE

NATURAL RESOURCES, AGRICULTURE, & ENVIRONMENT STANDING COMMITTEE

Room C445, State Capitol

                    February 21, 2012

Members Present:    Rep. Roger E. Barrus, Chair
    Rep. Joel Briscoe
        Rep. Jack Draxler
    Rep. Brad Galvez
    Rep. Neal Hendrickson
    Rep. John Mathis
    Rep. Mike Noel
    Rep. Patrick Painter
    Rep. Doug Sagers
    Rep. Christine Watkins
    Rep. Ryan Wilcox

Members Excused:    Rep. Mel Brown
    Rep. Brad Dee
    
Members Absent:    Rep. Stephen Sandstrom

Staff Present:    Mr. J Brian Allred, Policy Analyst
            Ms. An Bradshaw, Committee Secretary
    
Note:    A list of visitors and handouts are filed with committee minutes

Chair Barrus called the meeting to order at 9:06 a.m.

MOTION:    Rep. Galvez moved to approve the minutes of Feb. 16, 2012. The motion passed unanimously with Rep. Hendrickson, Rep. Painter, Rep. Sagers, Rep. Watkins, and Rep. Wilcox absent for the vote.

H.J.R. 3    Joint Resolution on Federal Transfer of Public Lands (Rep. R. Barrus)

Chair Barrus introduced the resolution to the committee.

H.B. 148    Transfer of Public Lands Act and Related Study (Rep. K. Ivory)

Rep. Ivory introduced the bill to the committee.

H.C.R. 1    Concurrent Resolution - Letter to Federal Government (Rep. C. Herrod)

Rep. Herrod introduced the resolution to the committee.



1st Sub. H.B. 91    Utah Enabling Act Litigation (Rep. K. Sumsion)

Rep. Sumsion introduced the bill to the committee.

H.B. 209    Utah Lands Protection Act (Rep. F. Cox)

Rep. Cox introduced the bill to the committee.

Spoke for the five preceding bills:    Mr. John Swallow, Attorney General's Office
                Mr. Mark Ward, Utah Association of Counties
                Mr. Gordon Topham, Sevier County Commission
                Mr. Larry Shumway, Utah State Office of Education
                Mr. Kevin Carter, Utah School and Institutional Trust             Lands Administration

Spoke for HB148, HB91S1, & HCR1: Ms. Kim Coleman, on behalf of Mr. Joel                 Coleman, Utah State School Board             
Spoke to the five preceding bills:    Mr. James Mackley, citizen

H.J.R. 3    Joint Resolution on Federal Transfer of Public Lands (Rep. R. Barrus)

MOTION:    Rep. Noel moved to amend the bill as follows:

1.    Page 11, Lines 331 through 333 :    

             331          NOW, THEREFORE, BE IT RESOLVED that
  in order to provide a fair, justified, and equitable remedy for the federal government's past and continuing breaches of its solemn promises to the State of Utah as set forth in this resolution and to provide for the sufficient and necessary funding of Utah's public education system,       the Legislature of the state of Utah

             332      demands that the federal government imminently transfer title to all of the public lands within
             333      Utah's borders directly to the state of Utah.

The motion to amend passed unanimously.

MOTION:    Rep. Mathis moved to pass the bill out favorably as amended. The motion passed with Rep. Barrus, Rep. Draxler, Rep. Galvez, Rep. Hendrickson, Rep. Mathis, Rep. Noel, Rep. Painter, Rep. Sagers, Rep. Watkins, and Rep. Wilcox voting in favor of the motion. Rep. Briscoe voted in opposition.



H.B. 148    Transfer of Public Lands Act and Related Study (Rep. K. Ivory)

MOTION:    Rep. Draxler moved to pass out the bill favorably. The motion passed with Rep. Barrus, Rep. Draxler, Rep. Galvez, Rep. Hendrickson, Rep. Mathis, Rep. Noel, Rep. Painter, Rep. Sagers, Rep. Watkins, and Rep. Wilcox voting in favor of the motion. Rep. Briscoe voted in opposition.

MOTION:    Rep. Painter moved that each representative voting in favor of a bill be listed by name in the minutes. The motion passed unanimously.

H.C.R. 1    Concurrent Resolution - Letter to Federal Government (Rep. C. Herrod)

MOTION:    Rep. Wilcox moved to amend the bill as follows:

1.    Page 1, Line 13 :    

             13     
{   July 1, 2012,   } or the state of Utah will take appropriate action to vindicate its rights


2.    Page 1, Line 17 :    

             17          .    demands that
{   , by July 1, 2012,   } the national government of the United States


3.    Page 1, Line 20 :    

             20      national government of the United States to commit to either, by
{   January 1,   }        February 15,       2013,


4.    Page 2, Line 29 :    

             29      communicate its response to this demand by
{   July 1, 2012   }        February 15, 2013       , the government of the state of Utah,


5.    Page 2, Line 41 :    

             41      United States government
{   by July 1, 2012   } ;


6.    Page 4, Line 112 :    

             112      forth in this resolution, demand that, by
{   July 1, 2012   }        February 15, 2013       , the national government of the United


7.    Page 4, Line 115 :    

             115      government of the United States to commit to either
{   , by January 1, 2013,   } begin (1) selling


8.    Page 5, Line 123 :    

             123      by
{   July 1, 2012   }        February 15, 2013       , the government of the state of Utah, on behalf of the citizens of the state of


The motion to amend passed unanimously.

MOTION:    Rep. Mathis moved to pass the bill out favorably as amended. The motion passed with Rep. Barrus, Rep. Draxler, Rep. Galvez, Rep. Hendrickson, Rep. Mathis, Rep. Noel, Rep. Painter, Rep. Sagers, Rep. Watkins, and Rep. Wilcox voting in favor of the motion. Rep. Briscoe voted in opposition.

1st Sub. H.B. 91    Utah Enabling Act Litigation (Rep. K. Sumsion)

MOTION:    Rep. Painter moved to amend the bill as follows:

1.    Page 2, Line 34 :    

             34      attorney general shall file an action on or before
{   October 1, 2012   }        April 15, 2013       , in United States district court


The motion to amend passed unanimously.

MOTION:    Rep. Painter moved to pass the bill out favorably as amended. The motion passed with Rep. Barrus, Rep. Draxler, Rep. Galvez, Rep. Hendrickson, Rep. Mathis, Rep. Noel, Rep. Painter, Rep. Sagers, Rep. Watkins, and Rep. Watkins voting in favor of the motion. Rep. Briscoe voted in opposition.

H.B. 209    Utah Lands Protection Act (Rep. F. Cox)

MOTION:    Rep. Galvez moved to amend the bill as follows:

1.    Page 1, Lines 18 through 19 :    

             18          .    prohibits the Division of Forestry, Fire, and State Lands from selling or
             19      substantially changing the
{   management   }        use       of certain sovereign lands;


       . provides for the Division of Forestry, Fire, and State Lands to manage all sovereign lands that are not obtained specifically for use by another department or agency of the state;      


2.    Page 3, Lines 63 through 65 :    

             63          (1) The division is the management authority for sovereign lands
  that are not obtained specifically for use by another department or agency of the state       , and may, except as

             64      provided in
{   Subsection   }        Subsections       (5)        and (6)       , exchange, sell, or lease sovereign lands but only in the quantities

             65      and for the purposes [as] that serve the public interest and do not interfere with the public trust.

3.    Page 3, Line 70 through Page 4, Line 82 :    

             70          (4)
  (a)       If any United States public lands owned or claimed by the federal government on

             71      January 1, 2012, become sovereign lands,
{   then   } the State School Fund,      {   pursuant to   }        in accordance with       Utah

             72      Constitution, Article X, Section 5, Subsection (5)(b), shall receive
  from the federal government       5% of the net proceeds from

             73      the sale of those lands.
  (b) Except as provided in Subsection (4)(c), when the state sells sovereign lands described in Subsection (4)(a), the state shall deposit into the State School Fund an amount equal to 0.05 multiplied by the fair market value of the sovereign lands on the day on which the lands become sovereign lands.

(c) (i) Subsection (4)(b) does not apply, if, at the time that the lands became sovereign lands:
(A) the state paid fair market value for the lands; and
(B) 5% of the net proceeds received by the federal government for the sale of the lands was deposited into the State School Fund.
(ii) If, at the time that lands described in Subsection (4)(a) became sovereign lands, the state paid less than fair market value for the lands, the state shall, when the state sells the sovereign lands, deposit into the State School Fund the difference between:
(A) the amount that would have been deposited into the State School Fund by the federal government if the state had paid fair market value for the land; and


(B) the amount that was deposited into the State School Fund by the federal government at the time that the lands became sovereign lands.  

  (5) If sovereign lands described in Subsection (4)(a) are not obtained specifically for use by a department or agency of the state other than the division, the division may not substantially change the use of those lands unless the division:

(a) makes a written finding that the change serves the public interest and does not interfere with the public trust; and
(b) submits a copy of the finding to:
(i) (A) the Legislative Management Committee; or
(B) another committee designated by the Legislative Management Committee; and
(ii) the office of the Lieutenant Governor.  

             74          
{   (5)   }        (6)            {   If   }        Notwithstanding any other provision of this section, if       any of the following become sovereign lands, the division may not sell the

             75      sovereign lands or substantially change the
{   management policies that relate to   }        use of       those sovereign

             76      lands from the
{   management policies that were in effect for   }        use of       those sovereign lands on January 1,

             77      2012:
             78          (a) Arches National Park;
             79          (b) Bryce Canyon National Park;
             80          (c) Canyonlands National Park;
             81          (d) Capitol Reef National Park; or
             82          (e) Zion National Park.

The motion to amend passed unanimously.

MOTION:    Rep. Noel moved to adjourn the meeting. The motion passed unanimously.

Chair Barrus adjourned the meeting at 9:57 a.m.




                              _________________________
    Rep. Roger E. Barrus, Chair