4001 AMS HARG

HJM 4001 - S AMD (S2736.2/97) - 482

By Senators Hargrove and Rossi

    Beginning on page 1, after line 4, strike all material through "Lands." on page 2, line 33, and insert the following:

    "WHEREAS, The Legislature is the ultimate trustee of our state's federal grant lands and the county forest board transfer lands; and

    WHEREAS, Article III, section 23 of the state Constitution states that "the commissioner of public lands shall perform such duties ... as the legislature may direct"; and

    WHEREAS, This language, calling for the Legislature expressly to direct the Commissioner of Public Lands, is different and distinct from the language in the Constitution regarding other state elected officials, which calls on these state officials to perform duties "prescribed by law"; and

    WHEREAS, The Commissioner of Public Lands has signed an implementation agreement with the United States Fish and Wildlife Service and the National Marine Fisheries Service binding some one million six hundred thousand acres of state trust lands to the constraints of a habitat conservation plan for the next seventy to one hundred years; and

    WHEREAS, The Commissioner of Public Lands has entered into this agreement in spite of the serious reservations expressed by the Legislature and by many trust beneficiaries that entering into this particular habitat conservation plan is not in the best interest of the beneficiaries and does not comply with the fiduciary duties of the state, the Commissioner, and the Board of Natural Resources; and

    WHEREAS, The Legislature would be remiss in meeting its own obligations as the ultimate trustee of these state forest lands if it did not exercise its constitutional authority to correct this action; and

    WHEREAS, The particular language of our state Constitution with regard to the Commissioner of Public Lands allows the Legislature to direct the Commissioner through legislation and through joint memorial;

    NOW, THEREFORE, BE IT RESOLVED, That the legislature shall exercise its appropriate authority as trustee over state trust lands by reviewing the existing habitat conservation plan for state forest lands.  The legislature shall make its own determination as to whether the plan and the accompanying implementation agreement are in compliance with the state's fiduciary responsibilities and are, in fact, in the best interests of the trust beneficiaries.  If the legislature finds that the habitat conservation plan and implementation agreement are in the best interests of the trust beneficiaries, the legislature shall so state either through legislation, joint memorial, or resolution; and

    BE IT FURTHER RESOLVED, That if the legislature has not made such a statement by March 15, 1998, the department of natural resources shall immediately exercise the provision in the habitat conservation plan implementation agreement terminating that agreement and plan.  The department of natural resources shall notify the legislature immediately that it has taken this required action; and

    BE IT FURTHER RESOLVED, That copies of this memorial be immediately transmitted to the Honorable Jennifer Belcher, Commissioner of Public Lands."

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