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House approves bill requiring state notice on large federal land sales

Utah House of Representatives · March 3, 2015
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Summary

The Utah House passed a second substitute of HB 303 to create legislative notice and coordination requirements for state land transfers to the federal government, lowering the review threshold to transactions of roughly 500 acres and adding written-notice requirements for transfers involving monuments, wilderness and federal parks.

The Utah House on March 3 adopted a second substitute of House Bill 303, a measure sponsors say will give the legislature a formal role in negotiations when state-controlled land is proposed for sale or transfer to the federal government. The bill passed on the floor and will be transmitted to the Senate after receiving 68 yes votes and 12 nay votes.

Representative Stratton, the bill sponsor, told colleagues the legislation creates three tracks: transactions exceeding 500 acres will require a process that brings the entity to the legislature for approval before an execution, there is a separate process for contemplated sales of less than 500 acres, and the bill adds a written-notice coordination clause when intended transfers involve monuments, wilderness or federal parks. "States are separate and independent sovereigns," Stratton said, arguing the state must "act like it" when significant federal transfers are contemplated.

Members raised questions about the bill's scope. Representative Tanner asked why the threshold was lowered from a historical 10,000 acres to 500 and whether the bill targeted the School and Institutional Trust Lands Administration (SITLA). Stratton said three major transactions across the state prompted the change (including the Utah Test and Training Range and a public-lands initiative) and that SITLA participated in drafting and supported the measure. On the governor's role, Stratton said removing the governor as a required step "protects that constitutional office" while ensuring the legislature receives earlier notice.

Supporters emphasized coordination rather than an outright prohibition. Representative Briscoe noted the bill brings agencies to Legislative Management or the Natural Resources interim committee for vetting and described it as a mechanism to "bring the legislature into the loop." Opponents did not secure floor amendments that would alter the bill's core notice-and-coordination approach.

The sponsor said the bill is intended to "allow the opportunity for all of the voices within the state of Utah to be involved" in major land discussions and to avoid being "blindsided" by transfers to the federal government. With the second substitute adopted, the bill now moves to the Senate for further consideration.

What happens next: HB 303 will be transmitted to the Utah Senate for committee assignment and further consideration; any Senate changes would require concurrence or further action by the House.