H.B. 164 Enrolled






Chief Sponsor: Keven J. Stratton

Senate Sponsor: Evan J. Vickers

             7      Cosponsors:
             8      Rebecca D. Lockhart
             9      Brad L. Dee
             10      Gregory H. Hughes
             11      Don L. Ipson
             12      Jacob L. Anderegg
             13      Jerry B. Anderson
             14      Roger E. Barrus
             15      Melvin R. Brown
             16      Kay J. Christofferson
             17      Jack R. Draxler
             18      Brian M. Greene
Keith GroverStephen G. Handy
Eric K. Hutchings
Ken Ivory
John Knotwell
Dana L. Layton
David E. Lifferth
John G. Mathis
Kay L. McIff
Mike K. McKell
Jim Nielson
Michael E. Noel
Curtis OdaLee B. Perry
Val L. Peterson
Dixon M. Pitcher
Kraig Powell
Marc K. Roberts
Douglas V. Sagers
V. Lowry Snow
Robert M. Spendlove
Jon E. Stanard
John R. Westwood
Brad R. Wilson              19     
             20      LONG TITLE
             21      General Description:
             22          This bill provides for an interstate compact for the transfer of western public lands from
             23      federal control to state control.
             24      Highlighted Provisions:
             25          This bill:
             26          .    enacts an interstate compact establishing a compact commission to consider
             27      mechanisms for securing the transfer of federal land to member states;

             28          .    provides for membership and withdrawal;
             29          .    establishes a commission and an administrator;
             30          .    designates funding sources; and
             31          .    defines the goals of securing sovereignty and jurisdiction over western states' public
             32      lands.
             33      Money Appropriated in this Bill:
             34          None
             35      Other Special Clauses:
             36          None
             37      Utah Code Sections Affected:
             38      ENACTS:
             39           63L-6-105 , Utah Code Annotated 1953
             41      Be it enacted by the Legislature of the state of Utah:
             42          Section 1. Section 63L-6-105 is enacted to read:
             43          63L-6-105. Interstate compact -- Transfer of public land.
             44          The Interstate Compact on the Transfer of Public Lands is hereby enacted and entered
             45      into with all other jurisdictions that can legally join in the compact, which is, in form,
             46      substantially as follows:
Interstate Compact on the Transfer of Public Lands

             48          Whereas, the separation of powers, both between the branches of the federal
             49      government and between federal and state authority, is essential to the preservation of
             50      individual liberty;
             51          Whereas, the Constitution of the United States creates a federal government of limited
             52      and enumerated powers and reserves to the states or to the people those powers not expressly
             53      granted to the federal government to protect the liberty of individual property incidental to the
             54      sovereignty and the health, safety, and welfare of its citizens;
             55          Whereas, each state adopting and agreeing to be bound by this compact finds that the

             56      coordinated, regular, institutional exercise of its sovereign power under its respective
             57      constitution and the Constitution of the United States is an essential component of the
             58      governing partnership between the states and the federal government;
             59          NOW, THEREFORE, the states hereto resolve and, by the adoption into law under their
             60      respective state constitutions of this Interstate Compact on the Transfer of Public Lands, agree,
             61      as follows:
             62          Sec. 1. Definitions.
             63          As used in this chapter, unless the context clearly indicates otherwise:
             64          (1) "Associate member state" means any state that is not a "member state."
             65          (2) "Compact" means the Interstate Compact on the Transfer of Public Lands.
             66          (3) "Compact administrator" means the person selected by the compact commission to
             67      staff the compact commission and whose duties, powers, and tenure are only those approved by
             68      the commission.
             69          (4) "Compact commission" means the entity composed of member state representatives
             70      and who will administer the compact.
             71          (5) "Compact notice recipient" means the archivist of the United States, the president
             72      of the United States, the office of the secretary of the United States Senate, the majority leader
             73      of the United States Senate, the speaker of the United States House of Representatives, the
             74      office of the clerk of the United States House of Representatives, the chief executive of each
             75      state, and the presiding officer of each chamber of the Legislature of each state.
             76          (6) "Member state" means any of the following states that are a signatory to the
             77      compact and that have adopted it under the laws of that state: Alaska; Arizona; California;
             78      Colorado; Idaho; Montana; Nevada; New Mexico; Oregon; Utah; Washington; and Wyoming.
             79          Sec. 2. Purpose of the compact and commission.
             80          The purpose of the compact and commission is to study, collect data, and develop
             81      political and legal mechanisms for securing the transfer to the respective member states of
             82      certain specially identified federally controlled public lands within the respective member state
             83      boundaries.

             84          Sec. 3. Compact commission and compact administrator.
             85          (1) The compact commission is hereby established and has the powers and duties as
             86      follows:
             87          (a) elect, by majority vote, a chair and cochair from among the compact's members,
             88      who shall serve a term of office of two years and may serve no more than two terms as chair or
             89      cochair;
             90          (b) appoint a compact administrator who shall report to the chair and cochair;
             91          (c) request and disburse funds for the operation of the compact commission;
             92          (d) allow the compact commission to seek staff and research assistance from nonprofit
             93      organizations;
             94          (e) adopt parliamentary procedures and publish bylaws consistent with member states;
             95          (f) receive, evaluate, and respond to input from compact commission members
             96      regarding actions taken by the federal government that interfere with the:
             97          (i) powers reserved to the state;
             98          (ii) regulation of real property, including land titles, uses, and transfers;
             99          (iii) regulation of agriculture and nonagricultural businesses that do not engage in
             100      interstate commerce; and
             101          (iv) jurisdiction for the health, safety, and welfare of a state's residents;
             102          (g) keep and publish minutes of compact commission meetings and records of the
             103      compact administrator both of which shall be considered public records and available upon
             104      request by the public; and
             105          (h) prepare an annual report of the compact commission's activities for member and
             106      associate member states.
             107          (2) The compact administrator shall staff the compact commission, perform duties, and
             108      exercise powers as granted by the commission, or as directed by the chair or cochair.
             109          (3) A majority of the member state representatives present at a compact commission
             110      meeting constitutes a quorum and an action of the quorum constitutes an action of the compact
             111      commission. Each member state shall have one official representative who shall have one

             112      vote.
             113          (4) The compact commission may not take any action within a member or associate
             114      member state that contravenes any state law of that member or associate member state.
             115          Sec. 4. Compact membership and withdrawal.
             116          (1) Each member and associate member state agrees to perform and comply in
             117      accordance with the terms of membership of this compact consistent with the constitution and
             118      laws of the member or associate member state. Actions by members of the compact, for the
             119      purpose for which it was created, are based upon the mutual participation, reliance, and
             120      reciprocal performance in agreeing to enact this compact into law.
             121          (2) A state enacting this compact into law shall appoint one official representative to
             122      the compact commission and shall provide to the compact commission a letter of that
             123      representative's appointment. A copy of the letter of appointment with a government-issued
             124      photo identity card shall constitute proof of membership on the compact commission.
             125          (3) For voting purposes, only a member state representative may vote and each member
             126      state may have only one vote.
             127          (4) A member or associate member state may withdraw from this compact by enacting
             128      legislation and giving notice of the enacted withdrawal legislation to the compact
             129      administrator. No such withdrawal shall take effect until six months following the enactment
             130      of withdrawal legislation and a withdrawing state is liable for any obligations that it may have
             131      incurred prior to the date upon which its withdrawal legislation becomes effective.
             132          Sec. 5. Adoption of compact.
             133          Upon a state adopting the compact and notifying the compact administrator, the
             134      administrator shall notify all other member states of the adoption by sending an updated
             135      certified copy of the compact with the new adoptee state listed.
             136          Sec. 6. Commission meetings.
             137          (1) The initial meeting of the compact commission shall be within 90 days after the
             138      compact is enacted by two or more states. The official representatives of the enacting states
             139      shall determine the date, time, and location of the initial meeting and publish that information

             140      in their respective states in a manner consistent with the laws of those states for posting
             141      notifications and agendas of public meetings. At the initial meeting, those official
             142      representatives shall, as provided in Sec. 4, elect a chair and cochair, and appoint a compact
             143      administrator. The compact administrator shall, as directed by the compact commission chairs
             144      and as provided in the compact, organize the compact commission's activities.
             145          (2) Following the compact commission's initial meeting, the compact commission shall
             146      meet at least one time per year. No meeting shall continue longer than three consecutive days.
             147          (3) Special meetings may be called if half or more of the member states notify the chair
             148      of the compact commission in writing of the request for a meeting. Attendance at the meeting
             149      may be in person or by electronic means. No meeting shall continue longer than three
             150      consecutive days.
             151          (4) Meetings shall be recorded, and the recording and minutes of the meeting shall be
             152      made available to the public within 30 days after the meeting. Meetings closed to the public
             153      are not permitted except where provided by law in the state in which the meeting is held.
             154          Sec. 7. Funding.
             155          The activities of the compact commission and compact administrator shall be funded
             156      exclusively by each member and associate member state, as permitted by the laws of those
             157      states, or by voluntary donations. Records shall be kept of all funding and disbursements, and
             158      that information shall be available within 30 days upon request by a compact commission
             159      member, or by a member state or associate member state.
             160          Sec. 8. Cooperation.
             161          The compact commission, member states, associate member states, and the compact
             162      administrator shall cooperate and offer mutual assistance with each other in enforcing the terms
             163      of the compact for securing the transfer of title to federally controlled public lands to willing
             164      western states.
             165          Sec. 9. Declaration of Interstate Compact on the Transfer of Public Lands goals.
             166          (1) Member states, in order to restore, protect, and promote state sovereignty and the
             167      health, safety, and welfare of their citizens, shall:

             168          (a) develop and draft model uniform legislation for member states to adopt in securing
             169      sovereignty and jurisdiction over federal lands within the respective member state boundaries;
             170          (b) develop and draft model uniform legislation for member states to send to their
             171      federal delegation for introduction in Congress for the transfer of federally controlled public
             172      lands to the respective member state governments; and
             173          (c) develop legal strategies for securing state sovereignty and jurisdiction over federally
             174      controlled public lands within member state boundaries.
             175          (2) The compact goals in Subsection (1) take effect when:
             176          (a) two states have become member states and adopted the terms in legislation; and
             177          (b) Congress votes to consent to the terms of this compact under United States
             178      Constitution Article I, Section 10.

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