Public Lands Policy Coordination Act

Summary

This bill creates a state Public Lands Policy Coordinating Office and the Public Lands Policy Coordinating Council for the purpose of creating a cohesive public lands policy and maximizing recognition of state and local interest in the federal land use management process. This bill provides for the appointment of an office coordinator to administer the office and also establishes the office coordinator’s duties as well as the membership of the council and its duties. This bill works in conjunction with the “State Standards for Federal Resource Management Act.”

Bill Information

This bill was originally introduced in the Utah legislatures 2005 session as SB 239. It has been enacted by the state. A similar bill was introduced in Wyoming as HB 11. The bill was created as a way to strengthen the cohesiveness of the state’s public lands policy, and to counteract the problem competing state agencies’ missions from negating the state’s voice in decisions involving federal land managers.

Model Legislation

Section 1. {Short Title.} This act shall be known as the Public Lands Policy Coordination Act.

Section 2. {Definitions}

(A)  “Coordinator” means the public lands policy coordinator appointed in this part.

(B)   “Council” means the Public Lands Policy Coordinating council created by this part.

(C)   “Office” means the Public Lands Policy Coordinating Office created by this part.

(D)  “Political subdivision” means a county, municipality, special district, school district, interlocal cooperation agreement entity, or any administrative subunit of them.

Section 3. {Public Lands Coordinating Office}

(A)  There is created within state government the Public Lands Policy Coordinating Office. The office shall be administered by a public lands policy coordinator.

(B)   The coordinator shall be appointed by the governor with the consent of the Senate and shall serve at the pleasure of the governor.

(C)   The coordinator shall have demonstrated the necessary administrative and professional ability through education and experience to efficiently and effectively manage the office’s affairs.

(D)  The coordinator and employees of the office shall receive compensation as provided in {insert state statute regarding state employee compensation}.

Section 4. {Duties of Coordinator and Office.}

(A)  The coordinator and the office shall fulfill the duties related to the development of public lands policies by:

  1. developing cooperative contracts and agreements between the state, political subdivisions, and agencies of the federal government for involvement in the development of public lands policies’
  2. producing research, documents, maps, studies, analysis, or other information that supports the state’s participation in the development of public lands policy;
  3. preparing comments to ensure that the positions of the state and political subdivisions are considered in the development of public lands policy;
  4. partnering with state agencies and political subdivisions in an effort to:
    1. prepare coordinated public lands policies;
    2. develop consistency reviews and responses to public lands policies;
    3. develop management plans that relate to public lands policies; and
    4. develop and maintain a statewide land use plan that is based on cooperation and in conjunction with political subdivisions; and
  5. providing other information or services related to public lands policies as requested by the state planning coordinator.

(B)   The coordinator and the office shall facilitate and coordinate the exchange of information, comments, and recommendations on public lands policies between and among:

  1. State agencies;
  2. Political subdivisions;
  3. The office of Rural Development created by {insert state statute};
  4. School and Institutional Trust Lands Administration established by {insert state statute};
  5. Other state government committees, councils, and/or advisory groups charged with jurisdiction over public lands policies.

(C)   the coordinator and office shall take into consideration the:

  1. recommendations of the council; and
  2. the state standards for federal resources management {insert state statute reference or “State Standards for Federal Resource Management Act” companion bill}

Section 5. {Public lands Policy Coordinating Council (Creation, Membership and Funding)}

(A)  There is created the Public Lands Policy Coordinating Council composed of the following seven members:

  1. One individual, appointed by the governor, who shall serve as the chair of the council;
  2. one member of the Senate appointed by the president of the Senate;
  3. one member of the House of Representatives appointed by the speaker of the House of Representatives;
  4. two individuals appointed by the {insert state} Association of Counties; and
  5. the executive director of the Department of Natural Resources and the director of the School and Institutional Trust Lands Administration as ex-officio, non-voting members.

(B)   Members shall be appointed for four year terms.

(C)   When a vacancy occurs in the membership for any reason the replacement shall be appointed for the unexpired term in the same manner as the original appointment.

(D)  (1)(a) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the council at the rates established by the Division of Finance.

(b) State government officer and employee members may decline to receive per diem and expenses for their service.

(2)(a) Local government members who do not receive salary, per diem, or expenses from the entity that they represent for their service may receive per diem and expenses incurred in the performance of their official duties at the rates established by the Division of Finance.

(b) Local government members may decline to receive per diem and expenses for their service.

(3) Legislators on the committee shall receive compensation and expenses as provided by law and legislative rule.

(E)   The council shall be funded by appropriations from the legislature.

Section 6. {Council Duties}

The council shall provide advice and recommendations on the development of public lands policies to the:

(A)  Public lands Policy Coordinating Office;

(B)  state planning coordinator; and

(C)  governor.

Section 7. {Effective Date}

Section 8. {Repealer Clause.}

Approved by ALEC Board of Directors in 2005.

Reapproved by ALEC Board of Directors on January 28, 2013.

Keyword Tags: Public Lands