State standards for federal resource management.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0119

HOUSE BILL
NO.
HB0011

State standards for federal resource management.

Sponsored by:
Joint Agriculture, Public Lands and Water Resources Interim Committee

A BILL

for

AN ACT relating to administration of government; providing for state standards and coordination with federal agencies regarding federal resource management; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 9
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15
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101 is created to read:

CHAPTER 15
STATE STANDARDS FOR FEDERAL NATURAL RESOURCE MANAGEMENT

9
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15
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101.

Preparation of plans, policies, programs or processes; coordination with federal agencies.

(a)

The governor shall prepare plans, policies, programs or processes and shall coordinate the:

(i)

Development of general policies concerning the management and use of federal lands and natural resources on federal lands in Wyoming to promote maximum recognition of state and local interest in the federal land use management process;

(ii)

Development, research and use of factual information, legal analysis and statements of desired future condition for the state, or region of the state, as necessary to support the plans, programs, processes and policies;

(iii)

Establishment of agreements between the state and federal land management agencies, federal natural resource management agencies and federal natural resource regulatory agencies to facilitate state and local participation in the development, revision and implementation of land use plans, guidelines, regulations, other instructional memoranda or similar documents proposed or promulgated for lands and natural resources administered by federal agencies; and

(iv)

Establishment of agreements with federal land management agencies, federal natural resource management agencies and federal natural resource regulatory agencies to provide a process for state and local participation in the preparation of, or coordinated state response to, environmental impact analysis documents and similar documents prepared pursuant to law by state or federal agencies.

(b)

The governor shall take into consideration the following findings in the preparation of any plans, policies, programs or processes relating to federal lands and natural resources on federal lands pursuant to this section:

(i)

The citizens of the state are best served by the application of multiple use and sustained yield principles when making decisions concerning the management and use of the lands administered by the bureau of land management and the United States forest service;

(ii)

Multiple use and sustained yield management means federal agencies shall develop and implement management plans and make other resource use decisions to facilitate land and natural resource use allocation supporting the specific plans, programs, processes and policies of state agencies and local governments. Multiple use and sustained yield management is designed to produce and provide the watersheds, food, fiber and minerals necessary to meet future economic growth needs, community expansion and meet the recreational needs of the citizens of the state without permanent impairment of the productivity of the land;

(iii)

The waters of the state are the property of the citizens of the state, subject to appropriation for beneficial use, and are essential to the future prosperity of the state and the quality of life within the state;

(iv)

The state has the right to develop and use its entitlement to interstate waters;

(v)

All water rights desired by the federal government shall be obtained through the state water appropriation system;

(vi)

Development of the solid, fluid and gaseous mineral resources of the state is an important part of the economy of the state and of regions within the state;

(vii)

The state has outstanding opportunities for outdoor recreation;

(viii)

Wildlife constitutes an important resource and provides recreational and economic opportunities for the state's citizens. Proper stewardship of the land and natural resources is necessary to ensure a viable wildlife population within the state;

(ix)

Forests, rangelands, timber and other vegetative resources provide forage for livestock, forage and habitat for wildlife, contribute to the state's economic stability and growth, and are important for a wide variety of recreational pursuits;

(x)

Management programs and initiatives to improve watersheds and increase forage for the mutual benefit of the agricultural industry and wildlife species by utilizing proven techniques and tools are vital to the state's economy and the quality of life in the state; and

(xi)

Transportation and access routes to and across federal lands, including all rights-of-way vested under federal regulation 43 U.S.C. § 932, are vital to the state's economy and to the quality of life in Wyoming.

(c)

The governor shall consider the following findings in the preparation of any plan, policies, programs or processes relating to federal lands and natural resources on federal lands pursuant to this section:

(i)

The state's support for the addition of a river segment to the National Wild and Scenic Rivers System, 16 U.S.C. § 1271 et seq., shall be withheld until:

(A)

The appropriate federal agency clearly demonstrates water is present and flowing at all times;

(B)

The appropriate federal agency clearly demonstrates the required water related value is considered outstandingly remarkable within a region of comparison and that the rationale and justification for the conclusions are disclosed to the state;

(C)

The effects of the addition upon the local and state economies, agricultural and industrial operations and interests, tourism, water rights, water quality, water resource planning and access to and across river corridors in both upstream and downstream directions from the proposed river segment have been evaluated in detail by the appropriate federal agency and disclosed to the state;

(D)

The appropriate federal agency clearly demonstrates the provisions and terms of the process for review of potential additions have been applied in a consistent manner by all federal agencies;

(E)

The rationale and justification for the proposed addition, including a comparison with protections offered by other management tools, is clearly analyzed within the multiple use mandate and the results disclosed to the state; and

(F)

The conclusions of all studies related to potential additions to the National Wild and Scenic River System are submitted to the state for review and action by the legislature and the governor, and the results in support of or in opposition to, are included in any planning documents or other proposals for addition and are forwarded to the United States congress.

(ii)

The state's support for designation of an area of critical environmental concern, as defined in 43 U.S.C. § 1702, within federal land management plans shall be withheld until:

(A)

The appropriate federal agency clearly demonstrates the proposed area contains historic, cultural or scenic values, fish or wildlife resources or natural processes unique or substantially significant on a regional basis, or contain natural hazards which significantly threaten human life or safety;

(B)

The regional values, resources, processes or hazards that have been analyzed by the appropriate federal agency for impacts resulting from potential actions are consistent with the multiple use sustained yield principles. This analysis describes the rationale for any special management attention required to protect or prevent irreparable damage to the values, resources, processes or hazards;

(C)

The difference between special management attention required for an area of critical environmental concern and normal multiple use management has been identified and justified and any determination of irreparable damage has been analyzed and justified for short and long term horizons;

(D)

The appropriate federal agency clearly demonstrates the proposed designation is not a substitute for a wilderness suitability recommendation; and

(E)

The conclusions of all studies are submitted to the state for review and the results, in support of or in opposition to, are included in all planning documents and sufficient federal lands are made available for government to government exchanges of state trust lands and federal lands without regard for a resource to resource correspondence between the surface or mineral characteristics of the offered state trust lands and the offered federal lands.

(iii)

The state recognizes the importance of the Endangered Species Act and potential impacts on federal lands management and therefore requires the United States fish and wildlife service to:

(A)

Clearly demonstrate peer reviewed science is present before any species listing;

(B)

Consult with the state planning coordinator before any species listing;

(C)

Consult with the state planning coordinator in all Endangered Species Act of 1973, 16 U.S.C. § 1535, consultations;

(D)

Recognize the importance of agricultural operations in providing critical wildlife habitat;

(E)

Consult with the state planning coordinator in setting population objectives and species habitat requirements early in the planning process to ensure recovery and delisting of any species.

(iv)

Federal agencies shall support government to government exchanges of land with the state based on a fair process of valuation to meet the fiduciary obligations of both the state and federal governments toward trust lands management, and to assure revenue authorized by federal statute to the state from mineral or timber production, present or future, is not diminished in any manner during valuation, negotiation or implementations processes;

(v)

Prime agricultural lands shall continue to produce the food and fiber needed by the citizens of the state and the nation. The rural character and open landscape of rural Wyoming shall be preserved through a healthy and active agricultural industry, consistent with private property rights and state fiduciary duties;

(vi)

The resources of the forests and rangelands of Wyoming shall be integrated as part of viable, robust and sustainable state and local economies. Available forage shall be evaluated for the full complement of herbivores the rangelands can support in a sustainable manner. Forests shall contain a diversity of timber species, and disease or insect infestations in forests shall be controlled using logging or other best management practices;

(vii)

The invasion of noxious weeds and undesirable invasive plant species into Wyoming shall be reversed, their presence eliminated and their return prevented;

(viii)

Management and resource use decisions by federal land management and regulatory agencies concerning the vegetative resources within the state shall reflect serious consideration of the optimization of the yield of water and the storage opportunities that exist within the watersheds of Wyoming;

(ix)

The development of the solid, fluid and gaseous mineral resources of the state shall be encouraged, the waste of fluid and gaseous minerals within developed areas shall be prohibited and requirements to mitigate or reclaim mineral development projects shall be based on credible evidence of significant impacts to natural or cultural resources;

(x)

Motorized, human and animal powered outdoor recreation shall be integrated into a fair and balanced allocation of resources within the historical and cultural framework of multiple uses in rural Wyoming. Outdoor recreation shall be supported as part of a balanced plan of state and local economic support and growth;

(xi)

Off-highway vehicles shall be used responsibly, the management of off-highway vehicles shall be uniform across all jurisdictions and laws related to the use of off-highway vehicles shall be uniformly applied across all jurisdictions;

(xii)

Rights-of-way granted under the provisions of federal regulation 43 U.S.C. § 932 shall be preserved and acknowledged;

(xiii)

Transportation and access provisions for all other existing routes, roads and trails across federal, state trust lands within the state shall be determined and identified and agreements executed and implemented as necessary to fully authorize and determine responsibility for maintenance of all routes, roads and trails;

(xiv)

The reasonable development of new routes and trails for motorized, human and animal powered recreation shall be implemented;

(xv)

Forests, rangelands and watersheds in a healthy condition are necessary and beneficial for wildlife, livestock, grazing and other multiple uses;

(xvi)

Management programs and initiatives implemented to increase forage for the mutual benefit of the agricultural industry, livestock operations and wildlife species shall utilize all proven techniques and tools;

(xvii)

The continued viability of livestock operations and the livestock industry shall be supported on the federal lands within Wyoming by management of the lands and forage resources, by the optimization of animal unit months for livestock in accordance with the multiple use provisions of the Federal Land Policy and Management Act of 1976, 43 U.S.C. § 1701 et seq., the provisions of the Taylor Grazing Act of 1934, 43 U.S.C. § 315 et seq. and the provisions of the Public Rangelands Improvement Act of 1978, 43 U.S.C. § 1901 et seq.;

(xviii)

The provisions for predator control initiatives or programs under the direction of state and local authorities shall be implemented; and

(xix)

The resource use and management decisions by federal land management and regulatory agencies shall support state sponsored initiatives or programs designed to stabilize wildlife populations experiencing a scientifically demonstrated decline in those populations.

(d)

Nothing contained in this section shall be construed to restrict or supersede the planning powers conferred upon state departments, agencies, instrumentalities or advisory councils of the state or the planning powers conferred upon political subdivisions by any other existing law.

(e)

Nothing in this section shall be construed to affect any lands withdrawn from the public domain for military purposes if the lands are administered by the United States department of defense.

Section 2.

This act is effective July 1, 2005.

(END)

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HB0011