ALEC Sagebrush Rebellion Act

8/6/2019 ALEC Sagebrush Rebellion Act

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Part VII: Environment, Energv and Natural Resources n

SACEBRUSHREBELLIONACT

ALEC’s model Sagebrush Rebellion Act is designed to establish a mechanism for the transfer o f ownership

of unappropriated lands from the federal government to the states.

Model Legislation

Section 1. {Short title.} This act shall be known and may be cited as the Sagebrush Rebellion Act.

Section 2. {Statement of purpose.)

It is the purpose of this act to establish and empower a State Board of Public Lands Review whose purpose itwill be to hold in trust for the benefit o f the people of this state, all unappropriated, public lands within the

exterior boundaries of this state

Section 3. (Definitions.) The following words and phrases when used in this act shall have the meaning

given to them in this section unless context clearly indicates otherwise:

(4 “Review Board.” The State Public Lands Review Board.

W “Public lands.” All lands within the exterior boundaries of this state except lands:

1. To which title is held by any natural person, corporation, company, partnership, firm,

association, society or any other entity.

2. Which are owned or held in trust by this state or any political subdivision of this stateincluding leased school or university land.

3. Which are located within Congressionally authorized national parks, monuments, national

forests or wildlife refuges, or are lands acquired by purchase consented to by the legislature.

4. Which are controlled by the United States Department of Energy or Bureau of Reclamation.

5. Which are held in trust for Indian purposes or are Indian reservations.

w “Department.” The State Lands Department {or like agency}.

62 “Commissioner.” The Commissioner of the State Lands Department {or like agency},

Section 4. (Public policy with respect to public lands: state lands department.)

(A) The Department shall hold the public lands of this state in trust for the benefit of the people of this state

and shall manage them in an orderly and beneficial manner consistent with the public policy declared in

Subsection (B).

(B) The Department shall administer the public lands of this state in such a manner as to conserve and

preserve natural resources, wildlife habitat, wilderness areas and historical sites and artifacts and to permit

ranching, mining and timber production and the development, production and transmission of energy andother public utility services under principles of multiple use which provide the greatest benefit to the peopleof this state.

(C) Subject to exiting rights, all public land in this state and all minerals not previously appropriated are the

property of this state and subject to its jurisdiction and control.

(D) Any public lands within this state administered by the United States under treaties or interstate compactsshall continue to be administered by this state in conformance with the treaties or compacts.

Volume II: Sourcebook ofAmerican State Legislation 1995 41



Part VII: Environment, Energy and Nahrral Resources n

(E) Until equivalent measures are enacted by this state, the rights and privileges of the people of this state

under the National Forest Reserve Transfer Act, 16 U.S.C. Sec. 471, et seq.; the General Mining Laws, 30

U.S.C. Sec. Zl,etseq.;TheTaylorGrazingAct,43U.S.C. Sec.315,etseq.;TheDesertLandAct,43U.S.C.

Sec. 321, et seq.; The Carey Act, 43 U.S.C. Sec. 641 et seq.: The Public Range lands Improvement Act, 43

U.S.C. Sec. 1901, et seq. and all rights-of-way and easements for public utilities are preserved underadministration of this state.

Section 5. {State lands commissioner, powers and duties.} The Commissioner may:(A) With the approval of the review board promulgate rules and regulations deemed necessary to manage

the public lands in an orderly and beneficial manner according to this act.

(B) Contract for or employ professional and clerical personnel deemed necessary to carry out his function

under this act.

(C) Convey, lease or permit the use of public lands to the same extent or in the same manner as the publiclands are conveyed, leased, licensed or permitted to be used by the Federal Government or any of it9

agencies.

(D) Deposit all fees, rents, royalties or other monies paid to this state for the purposes of public lands with

the state treasurer for credit to the general fund.Section 6. {State Public Lands Review Board; members; powers and duties.}

(A) There is hereby created a State Public Lands Review Board. The: Review Board shall be composed OE

(1) The Director of the state department on environmental planning.

(2) The Director of the state fish and game administration.

(3) The Director of the state department of water resources.

(4) The Director of the state department of mineral resources.

(5) The Director of the state department of state parks,

(6) The Director of the state department of energy resources and development

(7) The Director of the State department of agriculture,

(8) The Director of the State department of conservation and natural resources,

(9) State Engineer.

(B) The Chairman of the Review Board shall be elected by the review board from among its membership

and shall serve for a term of two years. The Chairman shall call meetings of the Review Board and prescribe

the time and place of each meeting. Five members of the Review Board shall constitute a quorum.

(C) The Review Board:

(1)Shall review and approve or disapprove all rules and regulations proposed by the

Commissioner under this act.

(2) May review any decision of the Commissioner relating to public lands under this act and

affirm, modify or reverse the decision.

Section 7. {Appeal of Commissioner’s decision: Review Board; procedures; decision; farther appeal.}

(A) Any person who is aggrieved by a decision of the Commissioner made pursuant to this act may appeal tothe Review Board by letter within 30 days after the date of the decision from which the appeal is taken.

Volume II: Sourcebook ofAmerican Staie Legishtion 1995 42





Section 10. {Inventory of poblie lands.]

Part VII: Environment. Energy and Nahual Resources W

(A) The Department shall conduct an inventory and a study of the public lands of this state. o determine, in

conjunction with the county boards of supervisors and planning agencies of this state and its political

subdivision, the methods of management of the public lands which will satisfy the requirements of Section

4., of this act and establish a basis for determining the best use of the land.

(B) The Department shall submit a report on the inventory and study conducted under this section to the

governor, the President of the Senate and the Speaker of the House of Representatives nine (9) months a fterthe effective date of this legislation.

Section 11. {Severability clause.}

Section 12. {Repealer clause.}

Section 13. {Effective date.)

Volume II: Sourcebook ofAmerican State Legislarion I995 44

ALEC Sagebrush Rebellion Act

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