Legislature(2011 - 2012)
2012-04-10 House Journal
Full Journal pdf2012-04-10 House Journal Page 2299 HJR 40 The Judiciary Committee considered: HOUSE JOINT RESOLUTION NO. 40 Commending the governor and the administration for aggressively working to enforce the rights of the state in R.S. 2477 rights-of- way; urging the governor and the attorney general to develop a working alliance with other western states to protect and enforce the states' interests in ensuring access using rights-of-way authorized by R.S. 2477; urging the governor and the attorney general to support the State of Utah and the southern counties of Utah in a lawsuit against the federal government concerning R.S. 2477 rights-of-way, including filing an amicus brief in support of Utah; urging the governor to dedicate state resources to establish, protect, and enforce the state's interests in R.S. 2477 rights-of-way and to preserve state rights-of-way against encroachment by the federal government; urging the governor to reestablish a federalism section in the Department of Law and sections in the Department of Natural Resources and the Department of Fish and Game to support the preservation of the state's rights and powers in compact cases; and urging the governor to prepare an appropriation request to fund an aggressive effort by the state to resolve issues relating to R.S. 2477 rights-of-way, including possible litigation, and to continue to work to preserve the rights of the state in regard to R.S. 2477 rights-of-way. and recommends it be replaced with: 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, 2012-04-10 House Journal Page 2300 and legislatures in other western states to protect and enforce the 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. The report was signed by Representative Thompson, Vice Chair, with the following individual recommendations: Do pass (5): Lynn, Gruenberg, Keller, Holmes, Thompson The following fiscal note(s) apply to CSHJR 40(JUD): 1. Zero, Legislative Agency HJR 40 was referred to the Rules Committee for placement on the calendar.