State coordinator.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0017

HOUSE BILL NO.
HB0071

State coordinator.

Sponsored by:
Representative(s) Jaggi, Childers, Davison, Eklund, Kroeker, Lubnau, Semlek and Teeters and Senator(s) Bebout, Driskill, Hicks, Jennings and Nutting

A BILL

for

AN ACT relating to the administration of government; amending duties and other provisions relating to the state coordinator; providing requirements for approval of federal land management actions by the state of Wyoming; providing definitions; and providing for an effective date.

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

Section 1.
W.S. 9
‑
1
‑
207(a), (d)(intro), (v), by creating new paragraphs (vii) through (x) and by creating new subsections (e) and (f) is amended to read:

9
‑
1
‑
207.

State coordinator; appointment; qualifications; term; removal; powers; duties.

(a)

The governor
may
shall
employ
a state
planning

coordinator,
with the advice and consent of the senate in accordance with W.S. 28
‑
12
‑
101 through 28
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12
‑
103,
who shall be a qualified elector of the state and who may be removed by the governor as provided in W.S. 9
‑
1
‑
202.

(d)

The governor
personally or

through the state
planning

coordinator shall:

(v)

Review comments from individuals, interest and user groups and state agencies, as well as other sources of information and
P
repare
, submit
and advocate the state of Wyoming's official position
to

on
federal land use management issues;

(vii)

Ensure that the federal government and its agencies coordinate and cooperate with the state of Wyoming and local governments
as required by section 101(a) of the National Environmental Policy Act (NEPA) of 1969
and other federal statutes mandating cooperation and coordination with state and local governing bodies regarding any proposed land use plans, policies, programs, processes and desired outcomes of each agency so as to protect the physical environment and the custom, culture, heritage
economic well-being and stability of the citizens of the state of Wyoming;

(viii
)

Direct
a lead state agency
to review comments from individuals and interest and user groups on federal land management issues. The
lead state agency
shall advise the
governor regarding state direction on pending federal land management or environmental
issues.
Other state agencies may be included in the process as contributing agencies by communicating their desire to do so to the lead agency and the state coordinator. Lead agencies for multiple-use fields or any other federal land issues not listed below shall be designated by the governor or the state coordinator.
The following state agencies are h
ereby designated lead agency with possible contributing agencies listed
for federal land management decisions which affect the following
major multiple-use
fields:

Multiple-Use

Lead Agency

Contributing Agencies

Livestock
Dept. of Ag
Game & Fish
State Lands
Timber
State Lands
State Forestry Div.
Dept. of Ag
Game & Fish
Wildlife
Game & Fish
Dept. of Ag
Water
State Engineer
Dept. of Ag
State Lands
Game & Fish
DEQ
Minerals
Oil & Gas CC
Mining Council
Dept. of Ag
Game & Fish
Recreation
State Parks & Rec.
Game & Fish
Dept. of Ag
Air Quality
DEQ
Mining Council
Oil & Gas CC

(ix)

Coordinate with the federal government regarding land use plans, policies, programs and desired outcomes in an effort to protect the custom, culture, heritage and economic well-being and stability of the citizens of the state of Wyoming;

(x)

Ensure federal land management agencies provide procedural protections encompassed in federal land management acts specified or cited in subsection (e) of this section to ensure full and complete cooperation and
coordination between the federal government and the state of Wyoming. The procedural protections encompassed in the various federal land management acts shall be applied to all decisions of the federal government which have an impact on federal or private lands within Wyoming.

(e)

By July 31, 2012, and annually thereafter, the governor or his designee shall give certified written notice to federal agencies that:

(i)

The state of Wyoming shall request full and complete notice and opportunity for coordination and cooperation in the development of actions, decisions, policies or plans which:

(A)

Impact federal or public lands and state and private lands in Wyoming;

(B)

Involve the listing, delisting or reclassification of a threatened or endangered species or changes in critical habitat within Wyoming or the development of a recovery plan or protective regulations under the Endangered Species Act; or

(C)

Involves any other federal action affecting the quality of the human environment in Wyoming.

(ii)

Any decision of the federal government which does not afford the state of Wyoming complete notice and opportunity for coordination provided to the states in the National Environmental Policy Act (NEPA) of 1969, or limits the right of the state of Wyoming
or any political subdivision of the state of Wyoming
to a public hearing, will be considered by the state of Wyoming to be a violation of
National Environmental Policy Act
(NEPA)
of 1969
and prejudicial to the state
of Wyoming
and its citizens;

(iii)

The state of Wyoming deems the following policies critical when evaluating federal and public land management and environmental actions:

(A)

All county land use planning, zoning regulations and business entities are deemed to be critical to the maintenance of the environmental, cultural and economic well-being of the citizens of the state of Wyoming;

(B)

If any federal action alters a county comprehensive plan, land use plan, other types of plans or zoning regulations without the consent of the body which enacted the regulation, or makes it infeasible for a business entity to continue its present operations, that federal action is presumed to negatively impact the environmental, cultural and economic well-being of the citizens of the state of Wyoming and should not be the preferred alternative of the federal agency which proposed the action. If the federal preferred alternative land management
action is not consistent with
state or local land use plan or zoning regulation, the federal agency must explain the inconsistency in its decision, policy or plan to the body which enacted the plan or regulation.

(iv)

The citizens of the state of Wyoming are best served by applying multiple-use and sustained-yield principles in federal land use planning and management. This means that federal agencies should develop and implement management plans and other resource use decisions, coordinated with the state of Wyoming, which will:

(A)

Protect private property rights;

(B)

Achieve and maintain in perpetuity a high-level annual or regular periodic output of mineral and various renewable resources from federal or public lands;

(C)

Support valid existing transportation, mineral and grazing rights at the highest reasonable sustainable levels;

(D)

Support the specific plans, programs, processes and policies of state agencies and local governments;

(E)

Produce and provide the desired vegetation for watersheds, timber, food, fiber, livestock forage, wildlife forage and minerals that are necessary to meet present needs and future economic growth and community expansion;

(F)

Meet the recreational, personal and business related transportation needs of the citizens of the state of Wyoming by providing access on federal lands throughout the state;

(G)

Meet the needs of wildlife, e
conomic
development and c
ommunity
development;

(H)

Provide for the preservation of cultural resources, both historical and archeological; and

(J)

Provide for the protection of water rights.

(v)

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

(vi)

The continued viability of livestock operations and the livestock industry, which include private lands, should be supported on federal lands by the proper optimization of animal unit months for livestock in accordance with the multiple use provisions of the
Federal Land Policy and Management Act of 1976
, the Taylor Grazing Act of 1934 and the Public Rangelands Improvement Act of 1978. Land management plans, programs and initiatives should provide that the amount of domestic livestock forage, expressed in animal unit months, be no less than the maximum number of animal unit months sustainable by
range conditions in grazing allotments based on scientific analysis;

(vii)

The state opposes the following actions in all circumstances:

(A)

The relinquishment or retirement of animal unit months in favor of conservation, wildlife or other uses;

(B)

The permanent or temporary transfer of grazing animal unit months to wildlife uses, or wild or feral horse use;

(C)

The introduction or expansion of wild or feral horses into areas or allotments where these animals are not present as of July 1, 2012; and

(D)

The special designation of additional public land
s
as wilderness
es
, national park
s
, national monument
s
, wilderness study area
s
, wild lands, area
s
of
critical environment
al
concern, wild and scenic river
s
or any other designation which would restrict multiple use
planning concepts and practices.

(viii)

Wildlife is the property of the state of Wyoming and is managed by the Wyoming game and fish department for the benefit of the citizens of Wyoming and is no
t managed by any federal agency;

(ix)

Any grazing animal unit months that are placed in a suspended use category should be returned to active use as soon as range conditions warrant and should not be converted to wildlife uses, wild or feral horse use or other uses;

(x)

Vegetation management plans and programs should recognize and further domestic grazing over alternate forage uses on federal lands;

(xi)

Access and transportation routes to and across federal lands, including rights-of-way, are vital to the state's economy and the quality of life of the citizens of Wyoming. Federal land management agencies must provide, at a minimum, a network of roads that provide for:

(A)

Movement of people, goods and services across public lands;

(B)

Reasonable access to a broad range of resource opportunities, including:

(I)

Livestock operations, including:

(1)

Livestock trailing to private pastures or federal land allotments;

(2)

Care of livestock including feed and water requirements; and

(3)

The maintenance of range improvement.

(II)

Mineral extraction operations;

(III)

Motorized and nonmotorized recreational opportunities;

(IV)

Search and rescue operations and other public safety needs;

(V)

Transportation of forest products to market;

(VI)

Access to federal lands for people with disabilities and the elderly; and

(VII)

Access to state lands and institutional trust lands to accomplish the constitutional mandates of these lands.

(xii)

The state of Wyoming opposes any classification of federal lands as roadless areas and opposes efforts by agencies to manage areas in a manner which:

(A)

Closes or declassifies existing roads;

(B)

Permanently restricts travel on existing roads;

(C)

Excludes or diminishes traditional multiple-use activities, including grazing and proper timber harvesting and management; and

(D
)

Prohibits development of additional roads necessary to pursue traditional multiple-use activities.

(xiii)

Mineral and energy production are important to the economic vitality of the state of Wyoming. The state recognizes and supports the following:

(A)

That mineral and energy production and environmental protection are not mutually exclusive;

(B)

It is technically feasible to permit appropriate access to minerals and energy resources while preserving other resources; and

(C)

The development of mineral and renewable resources in Wyoming should be encouraged.

(f)

As used in this section:

(i
)

"Multiple-use" and "sustained-yield principles" mean that federal land management agencies should develop and implement management plans and make
other management decisions in coordination with the state of Wyoming which will:

(A)

Achieve and maintain in perpetuity a high level annual or regular extraction of mineral and renewable resources from federal lands;

(B)

Support multiple-uses in the state of Wyoming at the highest sustainable levels possible;

(C)

Produce and provide access to extractive and renewable resources necessary to meet present needs and future economic and population growth without permanent impairment of the productivity of the land;

(D)

Meet the recreational needs of the citizens of the state of Wyoming;

(E)

Maintain reasonable wildlife populations coordinated with other multiple uses;

(F)

Provide for the protection of existing water rights.

Section 2
. W.S. 9
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1
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207(d)(iv) is repealed.

Section
3
. This act is effective July 1, 2012.

(END)

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HB0071