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House approves bill to require state review before local proposals seek federal land designations

Utah House of Representatives · March 4, 2019
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Summary

The House adopted a third substitute of House Bill 78 on March 4, requiring counties or cities that advocate for federal designations to bring proposals to the Natural Resources interim committee for review (with exemptions for tracts under 5,000 acres); supporters said it protects state sovereignty, while opponents warned it could burden local advocacy.

The Utah House on March 4 passed a third substitute to House Bill 78, a measure that requires governmental entities seeking federal land designations to bring proposals to the Legislature's Natural Resources, Agriculture and Environment interim committee for review. The bill includes an exemption for parcels of 5,000 acres or less.

Representative Albrecht, sponsor of the bill, said the change provides a "return and report" process to ensure the Legislature is aware of and can weigh in on federal designation efforts. Supporters including Representative Stratton argued the bill preserves state sovereignty and helps the Legislature represent statewide interests on land-management issues, noting the state's large share of federally managed lands.

Opponents, such as Representative Duckworth, urged respect for local authority and warned the bill could inhibit local officials' ability to advocate for constituents. Representative Coleman recounted local incidents where groups had pursued federal designations without sufficient public process.

Representative Albrecht said the third substitute was calibrated to avoid stepping on local governments' powers while ensuring coordination and that the committee's review is "review" not a veto. After extended debate and multiple exchanges about duplication of existing local planning work and the proper role of state oversight, the House passed the bill 56-17; it will be transmitted to the Senate.

Next steps: The bill moves to the Senate for consideration; the sponsor said any state land-use plan created under the resolution would incorporate existing local plans and resource-management work.