2012-04-12                     House Journal                      Page 2379
HJR 40                                                                                                                        
Reconsideration of the following was not taken up on this legislative                                                           
day.  It was engrossed, signed by the Speaker and Chief Clerk and                                                               
transmitted to the Senate for consideration:                                                                                    
                                                                                                                                
     CS FOR HOUSE JOINT RESOLUTION NO. 40(JUD)                                                                                  
     Commending the governor and the administration for aggressively                                                            
     working to protect the interests of the state in rights-of-way under                                                       
     R.S. 2477; urging the governor and the attorney general to                                                                 
     develop a working alliance with the governors, attorneys general,                                                          
     and legislatures in other western states to protect and enforce the                                                        

2012-04-12                     House Journal                      Page 2380
     states' interests in ensuring access using rights-of-way authorized                                                        
     by R.S. 2477; urging the governor and the attorney general to                                                              
     support the interests of the State of Utah and southern counties of                                                        
     Utah in R.S. 2477 rights-of-way by actively seeking confirmation                                                           
     of R.S. 2477 rights-of-way through various means, including                                                                
     initiating litigation in this state; urging the governor and the                                                           
     attorney general to develop a strategy for resolving the dispute                                                           
     over the right to continued access using R.S. 2477 rights-of-way                                                           
     in the state, including the possibility of bringing lawsuits against                                                       
     the federal government to preserve the state's interest in rights-of-                                                      
     way; urging the governor to further strengthen the resources of the                                                        
     state for protecting the state's rights by continuing to focus the                                                         
     efforts of the Department of Law, the Department of Natural                                                                
     Resources, the Department of Fish and Game, and other                                                                      
     departments on defending the state's rights and powers with regard                                                         
     to access and federalism issues; and urging the United States                                                              
     Congress to enact legislation requiring federal agencies with land                                                         
     management authority to establish a process to recognize valid                                                             
     R.S. 2477 rights-of-way claims expeditiously after a notice of                                                             
     intent to claim an R.S. 2477 right-of-way has been filed without                                                           
     the need to dispute those claims in court and to participate in good                                                       
     faith in the process.