General Information

Government Type

State Agency

Entity

Governor's Office

Public Body

Constitutional Defense Council

Notice Information

Add Notice to Calendar

Notice Title

Constitutional Defence Council Meeting

Notice Tags

Business

Notice Type(s)

Event Start Date & Time

October 22, 2009 10:00 AM

Event End Date & Time

October 22, 2009 12:00 PM

Description/Agenda

Constitutional Defense Council Public Lands Policy Coordination Office Olmstead Room Utah State Capitol Complex East Building Salt Lake City, UT October 22, 2009 10:00 AM Agenda I. Welcome II. Approval of Agenda III. Approval of June Minutes IV. Grazing • Leonard Blackham – Commissioner of Agriculture and Food • Study by Utah State University - Distribution by PLPCO V. Report on Legislative Hearing in Washington, D.C. • Discussion VI. BLM Report Concerning Oil and Gas Lease Offerings in Utah • Discussion VII. Public Roads • Current litigation and other efforts • Updated Roads Plan Approval (Closed Session may be necessary) VIII. Other Business IX. Next Meeting issueNext Meeting X. Adjournment In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify Debby Montgomery at Public Lands Policy Coordination Office, 5110 State Office Building, Salt Lake City, UT 84114 or call 801-537-9801 at least three days prior to the meeting. ____________________________________________________________________________________________________________________ Public Lands Policy Coordination Office 5110 State Office Building Salt Lake City, UT 84114 Office Phone 801-537-9801

Notice of Special Accommodations (ADA)

In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during this meeting should notify Debbie Montgomery at 801-537-9801

Notice of Electronic or Telephone Participation

N/A

Other Information

Constitutional Defense Council Meeting Minutes May 26, 2009 Attendees Members: Guests: Lt. Governor Gary Herbert Shawn Welch Mike Noel Mike Lee Kyle Stephens for Leonard Blackham Brad Shafer Ray Hintze Kay Blackwell David Ure Gary Kofford Brent Goodfellow Randy Johnson Clare Ramsay John Jones Kevin Carter Brent Gardner Mike McKee Mark Ward Dennis Stowell Mark Habbeshaw Jim Gowans D. Maloy Dodds Riley Cutler Dave Levanger Bart Whatcott Rex Sacco Jim Eardley John Andrews Mike Styler Staff: John Harja Mike Mower Judy Edwards Rick Rathbun Val Payne Harry Souvall Debby Montgomery • Vice-Chair pro tem Mike Noel called the meeting to order at 10:00 am. All in attendance introduced themselves, noting their affiliation. Noel briefly reminded the group of the duties, according to statute, of the Constitutional Defense Council. • Welcome by Lieutenant Governor Gary Herbert, Chair of the Council, who joined the meeting. • Review of House Bill 169, 2009 General Session • The Director of the Public Lands Policy Coordination Office, John Harja, reported on the changes to the membership and duties of the CDC as a result of H.B. 169 passed by the 2009 General Session of the Legislature. The membership was enlarged, and voting rights altered slightly. The Council will now receive reports from the Public Lands Office on its activities and budget, in addition to its continuing duty to approve the R.S. 2477 plan. • Randy Johnson reported on efforts by some counties to work on wilderness and related issues in the U.S. Congress. He reported on the successful effort to include the Washington County Land Use Bill in the Omnibus Lands Bill that was recently signed by President Obama. Other counties expressing interest are Beaver, Piute, Iron and Emery. Jim Eardley reported on the results of the Washington County effort, noting more wilderness was included than they were originally comfortable with, but that conservation areas were also included. Reports from PLPCO and Others • Mike Lee reported generally on the Salazar litigation recently filed. He noted Secretary Salazar has said he will reconsider the decision to cancel the 77 Oil and Gas Leases recently auctioned and paid for. Mike and Shawn Welch also reported generally on issues related to the recent rally held at the Paria River. • Mark Ward noted the vast majority of roads are not controversial. Unfortunately, without controversy, the state may not be able to take a case to court. Mike Noel stated if the county agrees to a road closure, the state can step in and disagree, because both the Counties and State jointly own the Rights-of-way. • Mike Noel noted the devastating economic impact the road closures could cause due to loss of revenue from recreation, agriculture, tourism, and state trust lands. • Harry Souvall reported the federal government is raising a statute of limitations issue in the Salt Creek case. The Salt Creek case is a Quiet Title action involving the Salt Creek Road as an R.S. 2477 right-of-way. He noted the state will aggressively defend against this point. The case is going to trial in September, lasting 10 days - Judge Bruce Jenkins presiding. • John Harja reported on the Public Lands Policy budget, noting the R.S. 2477 effort has begun to ramp up the collection of affidavits and other evidence. He also reported on the provision in H.B. 169 that may make funds available to counties or an association of counties for public land issues. A discussion followed on the merits of an application process run by PLPCO, or a grant to an association of counties with various reporting requirements. Harja noted the availability of funds is dependent on revenue to the Restricted Account. Harja also stated these funds should be matched by other funds of the county. The Council asked PLPCO and UAC to work on the issue, and report back at a future meeting. • Vice Chair Noel and Senator Stowell asked for a discussion of the revenues received and distributed by SITLA at a future meeting. • Dennis Stowell requested that an agenda item for a future meeting include a report on the grazing study now being undertaken by USU. The study is due to be completed on June 30, 2009. Stowell would like to consider a bill on statewide grazing policy for the 2010 General Session. • Mike McKee stated there are 120 miles less of accessible roads on Forest Service lands proposed in the Ashley National Forest Travel Management Plan than in 1999. The Forest Service's proposed Plan would limit dispersed camping to within 150 feet of authorized roads, rather than the current 300 feet. This will force campers closer together, which will make the situation worse. • Rex Sacco reported five to six thousand acres in the Ashley National Forest may have grazing rights effectively denied due to the Ashley Travel Management Plan's provisions. He has not heard of any studies being done, and requested the state get involved. • Mike McKee requested the state ask the Ashley National Forest for an extension of time to comment on the Ashley Travel Management Plan. Vice-Chair Noel noted the Council is only advisory on these matters, but invited a motion on McKee's request. McKee motioned, Clare Ramsey seconded, and the motion to advise PLPCO of the request passed. • Mike Swenson with Utah Shared Access Alliance reported there will be a large rally to promote public awareness of OHV closures on public lands to be held August 8, 2009. The OHV rally will drive from downtown Salt Lake City to the State Capitol. Thousands are expected to participate with whatever motorized vehicle they deem appropriate. • Next Meeting scheduled for Thursday June 18 at 9:00 am. • The Council discussed establishing a yearly schedule with meetings the same time of the month each month. • Adjournment: Mike Noel asked for a motion to adjourn. Clare Ramsey motioned, Jim Gowans seconded. Motion passed.

Meeting Information

Meeting Location

Olmstead Room, East Building
Utah State Capitol Complex
Salt Lake City, 84114
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Contact Name

Sindy Smith

Contact Email

sindysmith@utah.gov

Contact Phone

8015379193

Notice Posting Details

Notice Posted On

October 15, 2009 12:40 PM

Notice Last Edited On

October 15, 2009 12:43 PM

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