H.B. 164






Chief Sponsor: Keven J. Stratton

Senate Sponsor: Evan J. Vickers

             8      LONG TITLE
             9      General Description:
             10          This bill provides for an interstate compact for the transfer of western public lands from
             11      federal control to state control.
             12      Highlighted Provisions:
             13          This bill:
             14          .    enacts an interstate compact establishing a compact commission to consider
             15      mechanisms for securing the transfer of federal land to member states;
             16          .    provides for membership and withdrawal;
             17          .    establishes a commission and an administrator;
             18          .    designates funding sources; and
             19          .    defines the goals of securing sovereignty and jurisdiction over western states' public
             20      lands.
             21      Money Appropriated in this Bill:
             22          None
             23      Other Special Clauses:
             24          None
             25      Utah Code Sections Affected:
             26      ENACTS:
             27           63L-6-105 , Utah Code Annotated 1953

             29      Be it enacted by the Legislature of the state of Utah:
             30          Section 1. Section 63L-6-105 is enacted to read:
             31          63L-6-105. Interstate compact -- Transfer of public land.
             32          The Interstate Compact on the Transfer of Public Lands is hereby enacted and entered
             33      into with all other jurisdictions that can legally join in the compact, which is, in form,
             34      substantially as follows:
Interstate Compact on the Transfer of Public Lands

             36          Whereas, the separation of powers, both between the branches of the federal
             37      government and between federal and state authority, is essential to the preservation of
             38      individual liberty;
             39          Whereas, the Constitution of the United States creates a federal government of limited
             40      and enumerated powers and reserves to the states or to the people those powers not expressly
             41      granted to the federal government to protect the liberty of individual property incidental to the
             42      sovereignty and the health, safety, and welfare of its citizens;
             43          Whereas, each state adopting and agreeing to be bound by this compact finds that the
             44      coordinated, regular, institutional exercise of its sovereign power under its respective
             45      constitution and the Constitution of the United States is an essential component of the
             46      governing partnership between the states and the federal government;
             47          NOW, THEREFORE, the states hereto resolve and, by the adoption into law under their
             48      respective state constitutions of this Interstate Compact on the Transfer of Public Lands, agree,
             49      as follows:
             50          Sec. 1. Definitions.
             51          As used in this chapter, unless the context clearly indicates otherwise:
             52          (1) "Associate member state" means any state that is not a "Member State."
             53          (2) "Compact" means the Interstate Compact on the Transfer of Public Lands.
             54          (3) "Compact administrator" means the person selected by the compact commission to
             55      staff the compact commission and whose duties, powers, and tenure are only those approved by
             56      the commission.
             57          (4) "Compact commission" means the entity composed of member state representatives
             58      and who will administer the compact.

             59          (5) "Compact notice recipient" means the archivist of the United States, the president
             60      of the United States, the office of the secretary of the United States Senate, the majority leader
             61      of the United States Senate, the speaker of the United States House of Representatives, the
             62      office of the clerk of the United States House of Representatives, the chief executive of each
             63      state, and the presiding officer of each chamber of the Legislature of each state.
             64          (6) "Member state" means any of the following states that are a signatory to the
             65      compact and that have adopted it under the laws of that state: Alaska; Arizona; California;
             66      Colorado; Idaho; Montana; Nevada; New Mexico; Oregon; Utah; Washington; and Wyoming.
             67          Sec. 2. Purpose of the compact and commission.
             68          The purpose of the compact and commission is to study, collect data, and develop
             69      political and legal mechanisms for securing the transfer to the respective member states of
             70      certain specially identified federally controlled public lands within the respective member state
             71      boundaries.
             72          Sec. 3. Compact commission and compact administrator.
             73          (1) The compact commission is hereby established and has the powers and duties as
             74      follows:
             75          (a) elect, by majority vote, a chair and cochair from among the compact's members,
             76      who shall serve a term of office of two years and may serve no more than two terms as chair or
             77      cochair;
             78          (b) appoint a compact administrator who shall report to the chair and cochair;
             79          (c) request and disburse funds for the operation of the compact commission;
             80          (d) allow the compact commission to seek staff and research assistance from nonprofit
             81      organizations;
             82          (e) adopt parliamentary procedures and publish bylaws consistent with member states,
             83          (f) receive, evaluate, and respond to input from compact commission members
             84      regarding actions taken by the federal government that interfere with the:
             85          (i) powers reserved to the state;
             86          (ii) regulation of real property, including land titles, uses, and transfers;
             87          (iii) regulation of agriculture and nonagricultural businesses that do not engage in
             88      interstate commerce; and
             89          (iv) jurisdiction for the health, safety, and welfare of a state's residents;

             90          (g) keep and publish minutes of compact commission meetings and records of the
             91      compact administrator both of which shall be considered public records and available upon
             92      request by the public; and
             93          (h) prepare an annual report of the compact commission's activities for member and
             94      associate member states.
             95          (2) The compact administrator shall staff the compact commission, perform duties, and
             96      exercise powers as granted by the commission, or as directed by the chair or cochair.
             97          (3) A majority of the member state representatives present at a compact commission
             98      meeting constitutes a quorum and an action of the quorum constitutes an action of the compact
             99      commission. Each member state shall have one official representative who shall have one
             100      vote.
             101          (4) The compact commission may not take any action within a member or associate
             102      member state that contravenes any state law of that member or associate member state.
             103          Sec. 4. Compact membership and withdrawal.
             104          (1) Each member and associate member state agrees to perform and comply in
             105      accordance with the terms of membership of this compact consistent with the constitution and
             106      laws of the member or associate member state. Actions by members of the compact, for the
             107      purpose for which it was created, are based upon the mutual participation, reliance, and
             108      reciprocal performance in agreeing to enact this compact into law.
             109          (2) A state enacting this compact into law shall appoint one official representative to
             110      the compact commission and shall provide to the compact commission a letter of that
             111      representative's appointment. A copy of the letter of appointment with a government-issued
             112      photo identity card shall constitute proof of membership on the compact commission.
             113          (3) For voting purposes, only a member state representative may vote and each member
             114      state may have only one vote.
             115          (4) A member or associate member state may withdraw from this compact by enacting
             116      legislation and giving notice of the enacted withdrawal legislation to the compact
             117      administrator. No such withdrawal shall take effect until six months following the enactment
             118      of withdrawal legislation and a withdrawing state is liable for any obligations that it may have
             119      incurred prior to the date upon which its withdrawal legislation becomes effective.
             120          Sec. 5. Adoption of compact.

             121          Upon a state adopting the compact and notifying the compact administrator, the
             122      administrator shall notify all other member states of the adoption by sending an updated
             123      certified copy of the compact with the new adoptee state listed.
             124          Sec. 6. Commission meetings.
             125          (1) The initial meeting of the compact commission shall be within 90 days after the
             126      compact is enacted by two or more states. The official representatives of the enacting states
             127      shall determine the date, time, and location of the initial meeting and publish that information
             128      in their respective states in a manner consistent with the laws of those states for posting
             129      notifications and agendas of public meetings. At the initial meeting, those official
             130      representatives shall, as provided in Sec. 4, elect a chair and cochair, and appoint a compact
             131      administrator. The compact administrator shall, as directed by the compact commission chairs
             132      and as provided in the compact, organize the compact commission's activities.
             133          (2) Following the compact commission's initial meeting, the compact commission shall
             134      meet at least one time per year. No meeting shall continue longer than three consecutive days.
             135          (3) Special meetings may be called if half or more of the member states notify the chair
             136      of the compact commission in writing of the request for a meeting. Attendance at the meeting
             137      may be in person or by electronic means. No meeting shall continue longer than three
             138      consecutive days.
             139          (4) Meetings shall be recorded, and the recording and minutes of the meeting shall be
             140      made available to the public within 30 days after the meeting. Meetings closed to the public
             141      are not permitted except where provided by law in the state in which the meeting is held.
             142          Sec. 7. Funding.
             143          The activities of the compact commission and compact administrator shall be funded
             144      exclusively by each member and associate member state, as permitted by the laws of those
             145      states, or by voluntary donations. Records shall be kept of all funding and disbursements, and
             146      that information shall be available within 30 days upon request by a compact commission
             147      member, or by a member state or associate member state.
             148          Sec. 8. Cooperation.
             149          The compact commission, member states, associate member states, and the compact
             150      administrator shall cooperate and offer mutual assistance with each other in enforcing the terms
             151      of the compact for securing the transfer of title to federally controlled public lands to willing

             152      western states.
             153          Sec. 9. Declaration of Interstate Compact on the Transfer of Public Lands Goals.
             154          (1) Member states, in order to restore, protect, and promote state sovereignty and the
             155      health, safety, and welfare of their citizens, shall:
             156          (a) develop and draft model uniform legislation for member states to adopt in securing
             157      sovereignty and jurisdiction over federal lands within the respective member state boundaries;
             158          (b) develop and draft model uniform legislation for member states to send to their
             159      federal delegation for introduction in Congress for the transfer of federally controlled public
             160      lands to the respective member state governments; and
             161          (c) develop legal strategies for securing state sovereignty and jurisdiction over federally
             162      controlled public lands within member state boundaries.
             163          (2) The compact goals in Subsection (1) take effect when:
             164          (a) two states have become member states and adopted the terms in legislation; and
             165          (b) Congress votes to consent to the terms of this compact under United States
             166      Constitution Article I, Section 10.

Legislative Review Note
    as of 2-24-14 10:21 AM

Office of Legislative Research and General Counsel

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