Representative Carl R. Albrecht proposes the following substitute bill:


1     
FEDERAL DESIGNATIONS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Carl R. Albrecht

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill addresses a political subdivision's support for federal designations.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses a political subdivision's official support of land use designation proposed
13     in proposed congressional land use legislation and the process for review, approval,
14     and disapproval; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          63J-8-106, as repealed and reenacted by Laws of Utah 2012, Chapter 165
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 63J-8-106 is amended to read:
26          63J-8-106. Political subdivision official support of land use designation proposed
27     in proposed congressional land use legislation -- Process for review, approval, and
28     disapproval.
29          (1) (a) Notwithstanding any other provision of [this chapter, the] law, this section
30     applies.
31          (b) The Legislature may, in accordance with this section, [recommend to the Utah
32     congressional delegation] review, approve, or disapprove proposed congressional land use
33     legislation that is supported by a [county] political subdivision, and make recommendations
34     accordingly to the Utah congressional delegation.
35          [(b)] (c) A [county that fails to comply] political subdivision of this state may not
36     officially support a proposed congressional land use designation unless:
37          (i) the political subdivision complies with the requirements of this section [may not
38     communicate or otherwise represent in any way that a federal land use designation contained in
39     proposed congressional land use legislation has the support or approval of the Legislature.];
40     and
41          (ii) a concurrent resolution is adopted by the Legislature and signed by the governor,
42     approving and supporting the proposed congressional land use designation.
43          (2) [If a county supports] A political subdivision seeking approval to officially support
44     a federal land use designation contained in proposed congressional land use legislation[, the
45     county] shall:
46          (a) prepare a report on the proposed congressional land use legislation in accordance
47     with Subsection (3);
48          (b) draft a concurrent resolution for a legislative committee's consideration, in
49     accordance with Subsection (7)(a), in support of the proposed congressional land use
50     legislation; and
51          (c) subject to Subsection (4)(a), deliver the report and draft concurrent resolution to the
52     office.
53          (3) The report required in Subsection (2)(a) shall include:
54          (a) a copy of the proposed congressional land use legislation;
55          (b) a detailed description of the land or watercourse proposed for a federal land use
56     designation, including:
57          (i) the total acres of federal land proposed for a federal land use designation;
58          (ii) (A) a map showing the location of the land or watercourse; and
59          (B) the proposed type of federal land use designation for each location;
60          (iii) a proposed land conveyance or land proposed for auction by the [BLM] Bureau of
61     Land Management, if any; and
62          (iv) (A) school and institutional trust land, as defined in Section 53C-1-103, proposed
63     for a land exchange, if any; and
64          (B) whether the [county] political subdivision has coordinated with [SITLA] the
65     School and Institutional Trust Land Administration on the proposed land exchange;
66          (c) an explanation of whether a federal land use designation will assist in resolving
67     long-standing public lands issues, such as wilderness disputes, economic development,
68     recreational use, and access to public lands;
69          (d) a narrative description of the economic, recreational, and cultural impacts, taken as
70     a whole, on a [county] political subdivision and the state that would occur if Congress adopted
71     the proposed congressional land use legislation, including an impact on state revenues;
72          (e) an account of actions, if any, proposed in a federal land use designation to minimize
73     impacts on:
74          (i) resource extraction activities occurring on the land or in the watercourse proposed
75     for a federal land use designation, including mining and energy development; and
76          (ii) motorized recreational use and public access;
77          (f) a summary of potential benefits gained by the [county] political subdivision and
78     state if Congress adopts the proposed congressional land use legislation;
79          (g) a description of the stakeholders and their positions on a federal land use
80     designation;
81          (h) whether land identified for a federal land use designation is [BLM] Bureau of Land
82     Management recommended wilderness;
83          (i) an explanation of what the proposed congressional land use legislation proposes for
84     federal land [located in the county] other than, but located within the same political subdivision
85     as the land identified for the federal land use designation;
86          (j) (i) a description of the impact that, if adopted by Congress, the proposed
87     congressional land use legislation would have on access to roads currently identified as part of
88     an adopted [county] political subdivision transportation plan as described in Section 63J-4-401;
89     and
90          (ii) if a federal land use designation proposes to close a road described in Subsection
91     (3)(j)(i), an explanation for the road closure and a copy of the minutes of any [county] political
92     subdivision public hearing in which the proposed road closures were discussed and public
93     comment was taken;
94          (k) (i) a description of a proposed resolution for an R.S. 2477 right-of-way, if any,
95     located within the area identified in a federal land use designation; and
96          (ii) whether a proposed resolution described in Subsection (3)(k)(i) would include a
97     quiet title action concerning an R.S. 2477 right-of-way;
98          (l) an explanation of whether a federal land use designation proposes a hard release [of
99     all] from special designation for the public lands and watercourses not included in the federal
100     land use designation, placing the land and watercourses in multiple use management;
101          (m) an explanation of whether a federal land use designation proposes a prohibition on
102     further federal action under the Antiquities Act of 1906, 16 U.S.C. Sec. 431 et seq.;
103          (n) a narrative description of a federal land use designation's interaction with, if any, a
104     regional haze rule adopted by the United States Environmental Protection Agency;
105          (o) an explanation of whether a federal land use designation would authorize best
106     management practices as part of an active effort to control on the land or watercourse proposed
107     for a federal land use designation:
108          (i) wildfire;
109          (ii) invasive species, including insects; and
110          (iii) disease;
111          (p) if applicable, a statement as to whether a federal land use designation would allow
112     for the continuation of existing grazing permits;
113          (q) a statement as to the presence or need of passive water management facilities or
114     activities for livestock or wildlife, such as guzzlers or fencing, for the management of wildlife
115     or livestock;
116          (r) if a federal land use designation identifies land that has oil, gas, or mineral deposits,
117     an explanation as to why the federal land use designation includes the land;
118          (s) (i) a statement as to whether a federal land use designation:
119          (A) affects or gives rise to any land [or a], watercourse, buffer zone, or view shed
120     restriction located exclusively within the [county] political subdivision where the federal land
121     use designation is located; or
122          (B) affects or gives rise to, whether by an actual federal land use designation or by
123     implication if a federal land use designation is adopted, any land [or a], watercourse, buffer
124     zone, or view shed restriction located in another [county] political subdivision beyond where
125     the federal land use designation is located; and
126          (ii) if the land use proposal would affect or give rise to any land [or a], watercourse,
127     buffer zone, or view shed restriction located in another [county] political subdivision beyond
128     where the federal land use designation is located, whether that [county] other political
129     subdivision supports the proposed congressional land use legislation;
130          (t) an explanation of whether a proposed land use designation designates land as
131     wilderness in the National Wilderness Preservation System or designates land as a national
132     conservation area that is not part of:
133          (i) [BLM] Bureau of Land Management recommended wilderness; or
134          (ii) Forest Service land recommended for wilderness designation in RARE II; and
135          (u) a statement explaining whether and to what extent members of Utah's congressional
136     delegation and their staff were consulted in preparing the proposed congressional land use
137     legislation and the federal land use designation contained therein.
138          (4) (a) No later than 60 days before delivering a report and draft concurrent resolution
139     in accordance with Subsection (2), a [county] political subdivision shall contact and inform the
140     office of the [county's] political subdivision's intention to prepare and deliver the report and
141     draft concurrent resolution.
142          (b) The office may give general guidance to a [county] political subdivision described
143     in Subsection (4)(a), as requested, as to compliance with this section.
144          (5) The office shall prepare an evaluation of the [county's] political subdivision's
145     report, including whether the [county] political subdivision has addressed each matter
146     described in Subsection (3).
147          (6) The office shall deliver the evaluation described in Subsection (5), including a copy
148     of the [county's] political subdivision's report, the proposed congressional land use legislation,
149     and the draft concurrent resolution, no later than 30 days after receiving the [county's] political
150     subdivision's report:
151          (a) if the Legislature is not in session, and subject to Subsection (6)(b), to the chair of
152     the Natural Resources, Agriculture, and Environment Interim Committee; or
153          (b) if the Legislature is in session or there are no scheduled meetings of the Natural
154     Resources, Agriculture, and Environment Interim Committee before the beginning of the next
155     legislative session, to the chair of either the House Natural Resources, Agriculture, and
156     Environment Committee or the Senate Natural Resources, Agriculture, and Environment
157     Committee.
158          (7) (a) At a committee's next scheduled meeting after receiving a report, the draft
159     concurrent resolution, and a copy of the proposed congressional land use legislation, the
160     committee shall:
161          (i) review:
162          (A) the [county's] political subdivision's report;
163          (B) the draft concurrent resolution, if the concurrent resolution has a legislative
164     sponsor; and
165          (C) the office's evaluation;
166          (ii) if the draft concurrent resolution is presented to the committee, consider whether to
167     [approve or reject] recommend or not recommend the draft concurrent resolution;
168          (iii) if the draft concurrent resolution is [rejected] not recommended, provide direction
169     to the [county] political subdivision as to the reasons the resolution was [rejected] not
170     recommended and the actions, if any, that the [county] political subdivision might take to
171     secure committee [approval] recommendation of the resolution; and
172          (iv) take any additional action the committee finds necessary.
173          (b) A legislative committee may not accept for review a [county-supported] political
174     subdivision-supported federal land use designation contained in proposed congressional land
175     use legislation that does not meet the requirements of this section.
176          (8) (a) If the committee [rejects] does not recommend the draft concurrent resolution, a
177     [county] political subdivision may resubmit a revised report and draft concurrent resolution to
178     the office in accordance with the terms of this section.
179          (b) Upon receipt of a revised report and draft concurrent resolution, the office shall
180     comply with the procedures set forth in this section.
181          (c) Upon receipt of a revised report, evaluation, and draft concurrent resolution by the
182     office, a committee described in Subsection (6) shall comply with the procedures set forth in
183     this section.
184          (9) The governor may call a special session to consider the concurrent resolution
185     presented to and [approved] recommended by a committee described in Subsection (7)(a).
186          (10) If a concurrent resolution described in this section is adopted by the Legislature
187     and signed by the governor, the Office of the Governor shall forward a copy of the concurrent
188     resolution, the [county's] political subdivision's report, and the proposed congressional land use
189     legislation to Utah's congressional delegation.