Public Law 116-9: What Now?

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By Ray Petersen

On March 12, President Donald Trump signed into law S.47, a sweeping public lands bill that included the Emery County Public Lands Management Act. The Act thus became Public Law 116-9. The obvious question is, “What Now?”

The enactment of the new law sets a process in motion, which will likely take a few months, and in some cases a few years to complete. Specific timelines are set for most elements of this process:

  • Within 180 days, a seven-member Advisory Council will be established which will advise the Secretary of the Interior with respect to the preparation and implementation of the Management Plan for the Recreation Area. Criteria for membership of the seven council members are:
  • 1 member shall represent the Emery County Commission
  • 1 member shall represent motorized recreation users
  • 1 member shall represent non-motorized recreation users
  • 1 member shall represent grazing permittees
  • 1 member shall represent conservation organizations
  • 1 member shall have expertise in the historical uses of the recreation area; and
  • 1 member shall be appointed from the elected leadership of a federally recognized Indian Tribe.
  • With participation of the Advisory Council, the Secretary will develop a comprehensive management plan for the recreation area within five years.
  • Within wilderness areas, an inventory of facilities and improvements associated with grazing activities will be completed in collaboration with grazing permittees within two years.
  • In collaboration with affected grazing permittees, an inventory of facilities and improvements associated with grazing activities in the Recreation Area will be completed within five years.
  • A study of non-motorized recreation trail opportunities within the recreation area will be conducted within two years.
  • A trail plan of hiking and equestrian trails within wilderness areas will be established.
  • BLM will create a management plan for Jurassic National Monument.
  • The designated area will be conveyed to State Parks and Recreation from the federal government.

A process, which is totally separate from the new law, but parallel to it, involves planning for motorized recreational trails. Southern Utah Wilderness Alliance brought suit against the Bureau of Land Management and Department of Interior several years ago. The litigation was brought against travel management decisions of the Price, Vernal, Moab, Monticello and Kanab Field Offices. In January 2017, Federal Judge Kimball in Salt Lake issued a Settlement Agreement in regard to SUWA vs. DOI. In regard to the Price Field Office and the motorized routes in Emery County, the judge directed the Bureau of Land Management to re-evaluate motorized trails, with particular attention given to cultural resource protection. Timelines to accomplish this were also given by the judge. Price BLM has until November of 2019 to complete the Travel Management evaluation on the San Rafael Desert area and two additional years to complete Travel Management in the San Rafael Swell area.

So, as stakeholders and user groups continue to enjoy and use the public land in Emery County, we should be aware of a few things:

  1. Some new designations have been made to some of the areas we recreate in, run cattle in and otherwise enjoy as public land.
  2. Changes due to these designations in how we continue to use these resources are minimal and will come slowly over time.
  3. Generally, we can continue to use the natural resources in these areas as we have in the past.
  4. If you have questions regarding how the new law affects you and your resource use, you can call the Emery County Public Lands Department with questions at (435) 381-3556

In addition to the Emery County Public Lands Council regularly scheduled meetings, to accommodate citizens who cannot attend the daytime meetings there will be two evening meetings held this year as well. The first of these will be held April 23, 2019 at 7 p.m.  in the Canyon Room of the Emery County Administrative Building, 75 East Main in Castle Dale. Another meeting will likely be held in Green River at a later date.

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