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HOUSE RESOLUTION NO. 4
INTRODUCED BY K. WHITE
A RESOLUTION OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA OPPOSING THE FEDERAL FOREST JOBS AND RECREATION ACT OF 2011.
WHEREAS, the State of Montana is known for its vast abundance of natural resources, such as minerals, oil, gas, and timber, and for its agricultural operations, all of which are vital to providing jobs to support our local and state economies; and
WHEREAS, federal wilderness and national monument designations diminish the ability for these natural resources to be utilized to the fullest extent for the benefit of the people; and
WHEREAS, the health of Montana's landscapes depends on active management and use of these natural resources; and
WHEREAS, a recent statewide survey found that 52% of Montanans surveyed oppose new federal wilderness designations, while 32% support new federal wilderness designations; and
WHEREAS, a Beaverhead-Deerlodge National Forest survey found that 97% of users recreate on nonwilderness lands; and
WHEREAS, the resources contained in Montana are vital to our nation's economy and national security; and
WHEREAS, the Beaverhead-Deerlodge National Forest is the largest national forest in Montana; and
WHEREAS, the Beaverhead-Deerlodge National Forest is a mineral-rich forest; and
WHEREAS, access to these mineral resources is important to future generations and vital to our national security; and
WHEREAS, application of the federal Wilderness Act of 1964 necessarily requires that mineral resources be identified and inventoried prior to wilderness designation; and
WHEREAS, vast amounts of mineral resources will not have been identified and inventoried prior to federal designation as wilderness under the federal Forest Jobs and Recreation Act of 2011; and
WHEREAS, application of the federal Wilderness Act of 1964 necessarily requires that all private inholdings be identified and inventoried prior to designation as wilderness; and
WHEREAS, private inholdings of land, fences, water facilities, grazing rights, and existing structures will not have been identified and inventoried prior to federal designation of land as wilderness under the federal Forest Jobs and Recreation Act of 2011; and
WHEREAS, these private inholdings are vital to the economic well-being of communities; and
WHEREAS, taking of property violates the Fifth Amendment of the United States Constitution by restricting private property in such a way as to interfere with investment-backed expectations; and
WHEREAS, the federal Forest Jobs and Recreation Act of 2011 may violate coordination requirements of the National Environmental Policy Act, the National Forest Management Act of 1976, the Multiple-Use Sustained-Yield Act of 1960, the Endangered Species Act of 1973, the Clean Water Act of 1977, the Clean Air Act, the Data Quality Act, the Administrative Procedure Act, and the Federal Advisory Committee Act and regulations of the Council on Environmental Quality; and
WHEREAS, coordination is critical to local governments in development and planning for the predictability and sustainability of their communities; and
WHEREAS, the federal Forest Jobs and Recreation Act of 2011 removes the ability of local government to coordinate with federal land management agencies in actions directly impacting local economies; and
WHEREAS, the federal Forest Jobs and Recreation Act of 2011 will designate an additional 650,000 acres as permanent wilderness; and
WHEREAS, nothing in the federal Forest Jobs and Recreation Act of 2011 will guarantee continued access for multiple-use recreation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:
That the members of this House of Representatives stand in opposition to the federal Forest Jobs and Recreation Act of 2011 until:
(1) all mineral resources and private inholdings are identified and inventoried;
(2) coordination requirements with local governments are included in the language of the federal Forest Jobs and Recreation Act of 2011; and
(3) trigger language is included to ensure mandated timber harvests are completed before permanent designation of wilderness.
BE IT FURTHER RESOLVED, that the Secretary of State send copies of this resolution to the President of the United States, the Majority Leader and Minority Leader of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and the Montana Congressional Delegation.
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