This document includes House Committee Amendments incorporated into the bill on Thu, Mar 5, 2015 at 12:15 PM by jeyring.
1     
OBSTRUCTIONS ON ROADS IN DIXIE NATIONAL

2     
FOREST

3     
2015 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Michael E. Noel

6     
Senate Sponsor: Evan J. Vickers

7     

8     LONG TITLE
9     General Description:
10          This bill enacts provisions relating to obstructions on roads in the Dixie National
11     Forest.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides that certain provisions of the Local Jurisdiction Related to Federally
15     Managed Land Act apply under certain circumstances when an obstruction occurs
16     on a road identified as part of the Utah transportation plan for the Cedar City,
17     Powell, Escalante, and Fremont ranger districts of the Dixie National Forest in
18     Garfield, Iron, Kane, and Wayne counties.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          63J-8-105.1, as enacted by Laws of Utah 2014, Chapter 361
26     

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 63J-8-105.1 is amended to read:
29          63J-8-105.1. State of Utah transportation plan for the Cedar City, Powell,
30     Escalante, and Fremont ranger districts of the Dixie National Forest.
31          (1) (a) The state of Utah designates this state of Utah transportation plan for the Cedar
32     City, Powell, Escalante, and Fremont ranger districts of the Dixie National Forest.
33          (b) The plan was established pursuant to:
34          (i) the requirement in the United States Forest Service's Multiple-Use Sustained-Yield
35     Act of 1960, 16 U.S.C. Sec. 528, that lands within the national forests be managed according to
36     the principles of multiple use; and
37          (ii) the right which FLPMA, the National Environmental Policy Act, 42 U.S.C. Sec.
38     4321 et seq., and the Federal Advisory Committee Act, 5 U.S.C. Appendix 2, give to state and
39     local governments to participate in all BLM and United States Forest Service efforts to plan for
40     the responsible use of BLM and United States Forest Service lands and the requirement that
41     BLM and the United States Forest Service coordinate planning efforts with those of state and
42     local governments.
43          (c) This section is a statement of the state of Utah's policy and plan for a desired
44     transportation system for the Cedar City, Powell, Escalante, and Fremont ranger districts of the
45     Dixie National Forest.
46          (d) This section does not mandate compliance with this policy by the United States
47     Forest Service nor does it override or usurp the United States Forest Service's authority within
48     this area.
49          (e) This section is a statement of state policy for use by the United States Forest
50     Service and other interested stakeholders as required by federal law in making planning
51     decisions and project management decisions within the Cedar City, Powell, Escalante, and
52     Fremont ranger districts of the Dixie National Forest.
53          (2) There is established and designated a state of Utah transportation plan for the Cedar
54     City, Powell, Escalante, and Fremont ranger districts of the Dixie National Forest in Garfield,
55     Iron, Kane, and Wayne counties, Utah for the purpose of:
56          (a) preserving and protecting against threats to the longstanding transportation
57     networks that have served the public for decades within these ranger districts;
58          (b) preserving and protecting against threats to the longstanding traditional recreation

59     resource values that have served the public for decades within these ranger districts;
60          (c) preserving and protecting against threats to the longstanding public road access that
61     is vital to the agricultural livestock and forest products industries within these ranger districts;
62          (d) preserving and protecting against threats to the significant history, culture, customs,
63     and economic values in these ranger districts, and in the various communities situated near
64     these ranger districts;
65          (e) preserving and protecting against threats to the civil rights of the disabled, the
66     elderly, and the economically disadvantaged to have access to the great outdoor resource and
67     values existing in these ranger districts;
68          (f) preserving and protecting against threats to road networks vital to restoring,
69     reclaiming, preserving, protecting, enhancing, and developing the state's water resources on the
70     watersheds existing within these ranger districts;
71          (g) protecting, preserving, and enhancing affected natural, historical, and cultural
72     activities within these ranger districts from ongoing threats; and
73          (h) preserving and protecting the longstanding network of publicly accessible roads
74     within these ranger districts, in order to protect:
75          (i) the health, safety, and welfare of citizens who live near these ranger districts, and
76     persons who visit and recreate therein, from the threat of catastrophic fire and its resulting
77     problems of watershed and habitat destruction, erosion, silt load, and flooding, which can only
78     be managed, prevented, combatted, and mitigated through a proper transportation network
79     throughout these ranger districts;
80          (ii) hunter access to manage wildlife populations; and
81          (iii) forage conditions for livestock grazing and wildlife habitat.
82          (3) The state of Utah transportation plan for the Cedar City, Powell, Escalante, and
83     Fremont ranger districts of the Dixie National Forest consists of all roads shown in the map
84     jointly prepared by the Garfield, Iron, Kane, and Wayne County GIS departments in February
85     2014, entitled "State of Utah Transportation Plan for Dixie National Forest," printed copies of
86     which will be maintained by the Utah Association of Counties and made available to the public
87     upon request.
88          (4) (a) (i) The map described in Subsection (3) also documents the move by Dixie
89     National Forest to close and otherwise deny the public's longstanding access to many of the

90     roads shown on the map in the Cedar City, Powell, Escalante, and Fremont ranger districts, by
91     reason of the United States Forest Service's implementing a recent motorized travel plan for the
92     Dixie National Forest.
93          (ii) These closures and other denials of public road access through the motorized travel
94     plan of the Dixie National Forest constitute an ongoing direct threat to the resources and values
95     referenced in Subsection (2).
96          (b) The state of Utah's transportation plan for these ranger districts conflicts with the
97     United States Forest Service's recent motorized travel plan for the Dixie National Forest.
98          (c) The state of Utah's transportation plan for these ranger districts recognizes that all
99     roads shown on the map referenced in Subsection (3) should be kept open to the public.
100          (5) The state finds that keeping open to the public all roads shown on the map
101     referenced in Subsection (3) is necessary and vital to preserve and protect the values cited in
102     Subsection (2).
103          (6) The state requests that the federal agencies that administer lands within the Cedar
104     City, Powell, Escalante, and Fremont ranger districts of the Dixie National Forest:
105          (a) fully cooperate and coordinate with the state of Utah and the respective counties in
106     which these ranger districts lie, to develop, amend, and implement United States Forest Service
107     land and resource management plans and transportation plans, and implement management
108     decisions pursuant to those plans, that are consistent with the purposes, goals, and policies
109     described in this section to the maximum extent allowed under federal law;
110          (b) enter into agreements regarding the maintenance, upkeep, and improvement of
111     roads in these ranger districts;
112          (c) refrain from any planning decisions and management actions that will undermine,
113     restrict, or diminish the goals, purposes, and policies as stated in this section; and
114          (d) refrain from implementing a policy that is contrary to the goals and purposes
115     described within this section.
116          (7) (a) The state recognizes the importance of longstanding road networks in all
117     national forests in the state but establishes this transportation plan to provide special protection
118     and preservation against the identified threats found to exist in the Cedar City, Powell,
119     Escalante, and Fremont ranger districts of the Dixie National Forest.
120          (b) It is the intent of the state to designate additional forest transportation plans in

121     future years as circumstances warrant their special protection and preservation.
122          (8) The state calls upon applicable federal, state, and local agencies to coordinate with
123     each other and establish applicable intergovernmental standing commissions, with membership
124     consisting of representatives from the United States government, the state of Utah, and local
125     governments, to coordinate and achieve consistency in planning decisions and management
126     actions consistent with the goals and policies of this section for the Cedar City, Powell,
127     Escalante, and Fremont ranger districts of the Dixie National Forest.
128          (9) Subsections 11-51-103(1)(a) and (b) shall govern and apply to the county sheriff in
129     relation to an obstruction, and Subsection 11-51-103(1)(b) shall govern and apply to the
130     attorney general in relation to an obstruction, if:
131          (a) the obstruction occurs on a road identified as part of the Utah transportation plan
132     for the Cedar City, Powell, Escalante, and Fremont ranger districts of the Dixie National Forest
133     in Garfield, Iron, Kane, and Wayne counties; and
134          (b) Ĥ→ [
the county sheriff finds that the obstruction adversely affects] after the
134a     consultation required under Subsections 11-51-103(1)(a) and (b), the obstruction is found
134b     to adversely affect ←Ĥ the public health,
135     safety, and welfare of the people of the political subdivision by obstructing Ĥ→ necessary ←Ĥ
135a     travel Ĥ→ [
that is
136     necessary for:
] .

137          [
(i) the maintenance of natural resources; or
138          (ii) another public purpose.
] ←Ĥ

139          (10) Subsections 11-51-103(2) and (3) shall govern and apply to the county sheriff in
140     relation to any action to remove an obstruction, and Subsection 11-51-103(3) and Section
141     11-51-104 shall govern and apply to the attorney general in relation to removal by the county
142     sheriff of an obstruction, if:
143          (a) the obstruction occurs on a road identified as part of the Utah transportation plan
144     for the Cedar City, Powell, Escalante, and Fremont ranger districts of the Dixie National Forest
145     in Garfield, Iron, Kane, and Wayne counties; and
146          (b) Ĥ→ [
the county sheriff finds that the obstruction constitutes] after the consultation
146a     described in Subsections 11-51-103(2) and (3) and Section 11-51-104, the obstruction is found
146b     to constitute ←Ĥ an imminent threat to the
147     public health, safety, and welfare of the people of the political subdivision by obstructing travel
148     that is necessary for:
149          (i) a potential emergency medical response;
150          (ii) a potential wildfire response; or
151          (iii) Ĥ→ [
another potential] any other necessary ←Ĥ law enforcement response.







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