First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. R23-0807.02 Jery Payne x2157
HJR23-1022
House Committees Senate Committees
HOUSE JOINT RESOLUTION 23-1022
C
ONCERNING THE EFFECT OF SECTION 216 OF PRESIDENT BIDEN'S101
E
XECUTIVE ORDER 14008 ON COLORADO.102
WHEREAS, Colorado has been blessed with some of the most1
beautiful, pristine, and productive land in the United States; and2
WHEREAS, Coloradans and tourists enjoy this beautiful land,3
publicly and privately, every year, using it responsibly for its recreation4
and its resources; and5
WHEREAS, Coloradans steward the land as much as they love6
using the land, with deep enjoyment shared by the many adventure7
seekers, backpackers, bird watchers, campers, explorers, farmers,8
fishermen, hikers, homeowners, homesteaders, hunters, miners, mountain9
climbers, photographers, ranchers, skiers, stargazers, thrill seekers, and10
so many more; and11
HOUSE SPONSORSHIP
Winter T., Armagost, Bockenfeld, Bottoms, Bradfield, Bradley, Catlin, DeGraaf, Evans,
Frizell, Hartsook, Holtorf, Luck, Lynch, Pugliese, Soper, Taggart, Weinberg, Wilson
SENATE SPONSORSHIP
Pelton R., Baisley, Liston, Pelton B.
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. WHEREAS, Coloradans have used and continue to use this great1
land to raise some of the finest crops, the greatest livestock, and the best2
timber; to safely produce energy; and to properly mine resources for3
ourselves and our neighbors, enjoyed every day by nearly all of us; and4
WHEREAS, While the federal government already shares some of5
the responsibility of stewarding part of our land through various national6
parks and other designations, Coloradans recognize that this land is7
largely and rightly our responsibility because it is not merely land that8
Coloradans use and enjoy, it is also the land that we call home; and9
WHEREAS, Coloradans recognize that nature is best guarded10
through good stewardship; and11
WHEREAS, Nature left to itself is not naturally balanced but12
destructive, requiring proper and reasonable management, including best13
practices for its use, to safeguard the land, the plants, and the wildlife that14
live in it; and15
WHEREAS, Land that is returned to an unmanaged, purely wild16
state is more susceptible to catastrophic forest fires and invasive17
infestations and disease and to other dangers to plants and wildlife; and18
WHEREAS, Coloradans care for this land because of the19
understanding that each individual has been given responsibility under20
God to be good stewards of this earth and of Colorado, and our duty in21
caring for the planet includes wise use of the land with which we have22
been entrusted, and that we must cultivate it well for us, our families, our23
posterity, our communities, and the environment we wish to protect; and24
WHEREAS, In the United States, governments are instituted by25
the people, deriving their just power from the consent of the governed, to26
secure the people's inherent and inalienable rights, which rights are27
granted by the one who made the laws of nature that we so enjoy,28
including protection of our property; and29
WHEREAS, Private property rights are recognized by and30
guaranteed protection under the Constitution of Colorado and the31
Constitution of the United States, both of which prohibit the violation of32
these rights for a public purpose; and33
HJR23-1022
-2- WHEREAS, On January 27, 2021, President Joseph R. Biden, Jr.,1
issued Executive Order 14008, which is titled "Tackling the Climate2
Crisis at Home and Abroad", 86 Fed. Reg. 7619 (Feb. 1, 2021); and3
WHEREAS, In section 216 of Executive Order 14008, President4
Biden directs the Secretary of the Interior, in consultation with the5
Secretary of Agriculture and other officials, to develop a program to6
preserve and conserve at least 30 percent of the lands and waters in the7
United States by 2030, and this order is commonly referred to as the "308
by 30" program; and9
WHEREAS, The 30 by 30 program intends to set aside10
approximately 700 million additional acres of United States land,11
threatening to permanently isolate and limit such land from responsible12
and necessary use and enjoyment; and13
WHEREAS, Colorado contains 66.6 million acres of land, of14
which 24.1 million acres are already owned by the United States15
government, representing 36.2 percent of all Colorado land, most of16
which is managed by the United States Forest Service; and17
WHEREAS, Many Coloradans privately and carefully steward18
their lands without the need for the federal government to intervene or19
direct their use; nevertheless, the federal government has already20
impacted or otherwise taken an estimated 6 percent of privately owned21
Colorado land, according to Colorado State University, in addition to the22
36.2 percent of federally owned land, subjecting it to perpetual23
conservation easements; and24
WHEREAS, Although more than 30 percent of Colorado is25
currently preserved and conserved in some way by the federal26
government itself, and although much more of Colorado is properly27
stewarded by private citizens, the Biden administration has, nevertheless,28
stated that, to reach the 30 percent target by 2030, the administration will29
use all the tools in existing law to both restrict the public land we30
currently share and to take portions of the land or the rights that we31
privately enjoy, including using conservation easements in perpetuity,32
establishing federal conservation programs, designating areas as national33
heritage sites, establishing wildlife corridors, listing species as34
endangered, and designating areas as critical habitats; and35
WHEREAS, There is no constitutional or statutory authority36
HJR23-1022
-3- referenced in section 216 of Executive Order 14008 for the President, the1
Department of the Interior, the Department of Agriculture, or any other2
federal agency to set aside and permanently preserve 30 percent of all3
land and water in the United States; and4
WHEREAS, The goal of preserving and conserving at least 305
percent of the land and water in the United States from the people was not6
voted on or consented to by the people, the Congress, or the Colorado7
General Assembly; and8
WHEREAS, Historically, federal conservation programs9
artificially drive up the cost of owning land, making it and the housing10
upon it less affordable, and they directly compete with working11
landowners who depend on the ability to lease or purchase land for the12
production of food, fiber, energy, and minerals; and13
WHEREAS, Placing a parcel of land under a permanent14
conservation easement reduces the value of the parcel, restricts its use,15
impacts its individual tax assessment, and invariably increases the tax16
burden on other Coloradans, especially neighboring landowners, to make17
up the lost revenue; and18
WHEREAS, Many Colorado businesses and citizens are involved19
in or otherwise dependent on industries that use United States lands and20
their resources, representing an important component of Colorado's21
economy and contributing to the entire state's economic and social22
welfare; and23
WHEREAS, One of these industries, cattle ranching, provides for24
Colorado's largest export, which is beef; and25
WHEREAS, The 30 by 30 program, if implemented, is likely to26
cause significant harm to the economy of Colorado, injuring Colorado's27
businesses and Colorado's citizens by depriving them of access to public28
lands and national forests and preventing the productive use of land; and29
WHEREAS, The withdrawal of approximately 700 million acres30
of federal land from beneficial use and the placement of the lands in31
permanent conservation status will cause dramatic and irreversible harm32
to the economies of many western states, including Colorado; and33
WHEREAS, The 30 by 30 program, if implemented, will conflict34
HJR23-1022
-4- with the plans, policies, and programs of Colorado; interfere with our1
ways of life; harm our economy; restrict the enjoyment of recreational2
activities; and not materially benefit the land and environment we protect;3
now, therefore,4
Be It Resolved by the House of Representatives of the5
Seventy-fourth General Assembly of the State of Colorado, the Senate6
concurring herein:7
(1) That Colorado opposes the 30 by 30 program, including its8
main objective of conserving and preserving 30 percent of the nation's9
land in its natural state or any similar program that will prevent the10
productive use of Colorado land;11
(2) That Colorado opposes the designation of public lands and12
national forests in Colorado as wilderness, wilderness study areas,13
wildlife preserves, or open space as well as other designations that restrict14
public access to those lands and prevent the productive use of the15
resources of the lands;16
(3) That Colorado supports the continued management of public17
lands, including national forests, under the principles of multiple use and18
sustained yield, recognizing the need for domestic sources of minerals,19
energy, timber, food, and fiber;20
(4) That Colorado supports maintaining and enhancing public21
access to public lands, including national forests, and opposes road22
closures, road decommissioning, moratoria on road construction, and23
other limits on public access to meet the 30 by 30 program's goals;24
(5) That Colorado recognizes and supports Colorado's water rights25
system, including the doctrine of prior appropriation, and opposes any26
federal designation of waters and watercourses that would impair or27
restrict water diversions and uses authorized by Colorado law;28
(6) That Colorado supports reasonable national, regional, and29
global environmental stewardship policies and goals that are30
comprehensive, practical, and cost-effective and that do not unnecessarily31
single out specific industries or activities, but Colorado opposes using32
climate change as a reason to set aside large tracts of land as preserves or33
open space under the 30 by 30 program; and34
HJR23-1022
-5- (7) That Colorado holds that the federal designation of public1
lands and national forest lands as wilderness, wilderness study areas, open2
space, or other conservation programs is subject to fundamental3
constitutional protections against unjust and improper takings by4
government actors.5
Be It Further Resolved, That copies of this Joint Resolution be sent6
to President Joseph R. Biden, Jr.; Deb Haaland, United States Secretary7
of the Interior; Thomas J. Vilsack, United States Secretary of Agriculture;8
Colorado's congressional delegation; Jared Polis, Colorado Governor; and9
Phil Weiser, Colorado Attorney General.10
HJR23-1022
-6-